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2006-O-18N ORDINANCE NO.2006-0-18 09/15/2006 03:21 PH OIristrunentl 2006-233452 t 1 Book: 5915 Page: 1542 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-6 (HIGHWAY INTERCHANGE COMMERCIAL), M11 4 (RURAL MOBILE HOME) AND A-1(PRIME AGRICULTURE) TO CITY RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED AT 3450 OLD DAWSON RANCH ROAD (WEST OF I-95 AND SOUTH OF SR 442), EDGEWATER, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE REFLECTIONS COMMUNITY DEVELOPMENT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABH.ITY 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. Reflections Community Development, LLC, agent/applicam on behalf of Larry McCaskill and McCaskill Enterprises, Inc. who merged into Silkco, LLC, owners ofproperty located at 3450 Old Dawson Ranch Road (West of I-95 and South of SR 442), Edgewater, Florida. Subject property contains approximately 877.50 acres more or less. 2. The owner/applicant has submitted an application for a change in zoning classification from County B-6 (Highway Interchange Commercial), MH-4 (Rural Mobile Home) and A-1(Prime Agriculture) to City RPUD (Residential Planned Unit Development) forthe property described herein. On May 10, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6 - 0, the Board Stmekihrengi passages are deleted. Underlined passages are added. 200&0-18 Instnaent: 2006-233452 x 2 Book: 5915 i f 0 Q Page: 1543 recommended that City Council consider approval of the request. 4. On June 5, 2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on Thursday, May 25, 2006. 5. On June 19, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on Thursday, June 8, 2006, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida: Strackaneagh passages are deleted. Underlined passages are added. 2006-0-18 2 Instruaenttl 2006-233452 9 3 O O Book: 5915 Page: 1544 PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classificationforthe following described property is hereby changed from County B-6 (Highway Interchange Commercial), MH4 (Rural Mobile Home) and A -I (Prime Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to the associated Planned Unit Development (PUD) Agreement for the Reflections Subdivision (attached hereto and incorporated as Exhibit `B"). The following described real property all lying and being in the County of Volusia and State of Florida. ALL OF SECTION 7, TOWNSHIP 18 SOUTH, 34 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING WESTERLY OF INTERSTATE NO.9, VOLUSIA COUNTY, FLORIDA LESS: A) WELL SITE 1 & 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. B) WELL SITE 3 & 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK STAMPED "PLS 4014" MARKING THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 89-44-51" WEST, ALONG THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, A DISTANCE OF 2982.45 TO A 4" x 4" CONCRETE MONUMENT STAMPED "PLS 2027" MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY; THENCE NORTH 89°45'10" WEST, THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 2982.47 TO A 5/8" IRON ROD & CAP V2599" MARKING THE NORTHWEST CORNER OF SAID SECTION 7, AND THE Struck di ov r passages are deleted. Underlined passages are added. 2006-0-18 Instrument# 2006-233452 8 4 O O Book: 5915 Page: 1545 POINT OF BEGINNING; THENCE SOUTH 01 °28'07 EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 5301.88 FEET TO 1/2" IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 89.45'08 EAST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 5930.90 FEET, TO THE REMAINS OF A CYPRESS POST MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE NORTH 89'3I'10 EAST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2354.57 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 79002-2406; THENCE NORTH 22° 11'53" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 4163.18 FEET; THENCE NORTH 31 °55'32" WEST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1420.42 FEET; THENCE NORTH 62°03'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 149.13 FEET; THENCE NORTH 76'02'44" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 269.91 FEET; THENCE SOUTH 89'41'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 749.02 FEET; THENCE NORTH 00'18'08" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 93.30 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 7; THENCE NORTH 89-44-51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 927.09 FEET; TO THE NORTHEAST CORNER WELL SITE NO. 1 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 1 THE FOLLOWING COURSES: THENCE SOUTH 00'15'09" WEST, A DISTANCE OF 46.00 FEET; THENCE NORTH 89'44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°15'09" EAST, A DISTANCE OF 46.00 FEET TO THE NORTH LINE OF SAID SECTION 7 AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 1; THENCE NORTH 89-44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 390.30 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 2 THE FOLLOWING COURSES; THENCE SOUTH 00.15'09"WEST, A DISTANCE OF 49.00 FEET; THENCE NORTH 89"44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00`15'09" EAST, A DISTANCE OF 49.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 2; THENCE NORTH 5haektltrongh passages are deleted. Underlined passages are added. 2006-0-18 Instru All 2006-233452I 5 O Q Book: 5915 Page: 1546 89-44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 516.02 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 3 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 3 THE FOLLOWING COURSES; THENCE SOUTH 00°15'09" WEST, A DISTANCE OF 48.00 FEET; THENCE NORTH 89'44'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°15'09" EAST, A DISTANCE OF 48.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 3; THENCE NORTH 89°44'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 18.16 FEET TO A 4" x 4" CONCRETE MONUMENT MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 89*45'10" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 417.17 FEET TO THE NORTHEAST CORNER OF WELL SITE NO. 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 4 THE FOLLOWING COURSES; THENCE SOUTH 00° 14'50"WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89'45'10" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00'14'50" EAST, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 4; THENCE NORTH 89°45'10" WEST ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 2525.30 TO THE POINT OF BEGINNING. Containing 877.50 ± acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. 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, St ackthrodsh passages are deleted. Underlined passages are added. 2006-0-18 Instrumnt# 2006-233452 X 6 S. 0 �•! 0 Book: 5915 Page; 1547 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. 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. After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on June 5, 2006, was as follows: AYE Mayor Mike Thomas X Councilwoman Debra J. Rogers Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X 6tenckanevgh passages are deleted. Underlined passages are added. 2006-0-18 6 ABSENT NAY t f Instruaentt 2006-233452 S 7 Book: 5915 �J Page: 1548 On June 19, 2006 a motion to continue second reading until July 10, 2006 was made by Councilwoman Rogers and Second by Councilman Vincenzi, motion carried 4-0 (Councilwoman Rhodes was absent). After Motion to approve by councilwoman Lichter and Second by councilwoman Rhodes ,the vote on the second reading/public hearing of this ordinance was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers x Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x PASSED AND DULY ADOPTED this IOth day of July, 2006. ATTEST CITY COUNCIL OF HE CITY O ED W By: Susan J. W wn,(•tb ike Th as City Clerk ayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Shack fit oagh passages are deleted. Underlined passages are added. 2006-0-18 7 ��J1 1lC.�Li Robin L. Matusick � Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 1 Oth day of July, 2006 under Agenda Item No. 6 D . Instnmenti 2006-233452 # B '1 Book: 5915 Page: 1549 O/ Instruserdk 2006-233452 A 9 Book: 5915 I Page: 1550 i s- THIS INSTRUMENT PREPARED BY: Paul Rosenthal, Esquire Foley & Ladner, LLP 11 I N. Orange Avenue, Suite 1800 Orlando FL 32801-2386 AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater FL 32132-0100 For Recording Purposes Only RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT REFLECTIONS THIS AGREEMENT is made and entered into this L day of day of 42006 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 MERCEDES HOMES, INC., owner whose address is 6767 North Wickham Road, Suite 500, Melbourne Florida 32940, (herein after referred to as "Developer), LARRY MCCASKILL whose address is 3450 Old Dawson Ranch Road, Edgewater Florida 32141 and SILKCO, LLC, whose address is 3450 Old Dawson Ranch Road, Edgewater Florida 32132. 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: The land subject to this Agreement is approximately 877.50f acres west of Interstate 95 and south of SR 442, and Indian River Boulevard 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 Lary McCaskill and Silko, LLC. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Reflections, as defined by the Master Plan, dated November 28, 2005 (Exhibit "B" included herein), within one (1) year of required construction plan approval for this project, or within eighteen (18) months of the effective date of this Agreement The City, at its sole discretion, may extend the time frame for the above -referenced commencement of construction relating to this Reflections Instrument# 2006-233452 # 10 Book_ 5915 Page: 1551 eighteen (I8) months of the effective date of this Agreement. The City, at its sole discretion, may extend the time frame for the above -referenced commencement of construction relating to this Agreement. This development must be consistent with the Master Plan and must be approved by City Council prior to commencement of any authorized work. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, sidewalks, streetlights and planning elements. City Council may consider establishment of community development districts. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code as of the adoption date. The Developer further agrees that all development will be consistent with the attached Reflections Master Plan dated November 28, 2005 (Exhibit °B"). Reflections shall be developed consistent with the City's Land Development Code procedures. 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. Use of the property will be as follows: A. Average Lot Size/Unit Count Reflections shall not exceed a total of 1,362 single-family and multi -family dwelling units. 576 (42%) single-family lots are planned and 786 (58%) multi -family units are planned. Based on Final Subdivision Plan approval, the total number and mix of units may vary but the maximum residential units allowed for Reflections shall not exceed a gross density of 1.55 units/acre and a net density of 4.35 du/net acre, or a total of 1,362 units. Reflections shall include 360,000 square feet non-residential building area. If the Developer achieves less than the 1,362 approved dwelling units, then the corresponding square footage shall be added to the permitted non-residential square footage as long as the total square footage does not exceed Volusia County DRI thresholds. No lot will exceed a maximum building coverage of 60% with a maximum impervious coverage of 70% per lot Minimum Lot Size: Single -Family 75-foot lots (40% of single-family lots)— 230 units Area - 9,000 square feet Width — 75 —feet Depth — 120- feet Reflections 2 Instrument! 2006-233452 p 11 Book: 5915 Page: 1552 65 — foot lots (30% of total single-familv lots) — 174 units Area— 7,475 square feet (minimum) Width — 65 — feet Depth — 115 — feet 55 — foot lots (30% of total single-family lots) — 172 units Area - 6,050 square feet minimum Width — 55 - feet Depth — 110 feet Multi -family 786 units (2 — 8 unitstbuilding) At the time of Final Site Plan/Plat approval, the number of multi -family units may be decreased and the number of single-family units may be increased by a like amount. Commercial: Area — 360,000 square feet (minimum lots size of V, acre) B. Minimum House Square Footage The minimum gross single-family house square footage shall be at least 1,400 square feet living area under air for 75-foot lots and 1,200 square feet living area under air for 65 and 55-foot lots. The minimum gross house square footage for multi -family shall be an average of 1,000 square feet living area under air. In addition, each house will have a minimum of a two (2) car enclosed garage. No carports will be allowed. Minimum Yard Size and Setbacks (All single-family residential lots): From— 20' Rear — 20' Side — 7.5' Side Corner - 15' Maximum Height— 35' Utility Easements — 10' front, 5' sides Swimming Pools Rear 7.5' from property line to pool deck edge Side 7.5' from property line to pool deck edge Minimum Yard Size and Setbacks (Multi -Family Residential): Front — 15' Rear — 20' Side— 20' (between buildings) Side Corner - 15' Reflections 3 i Instrument# 2006-233452 Y 12 Book: 5915 Page: 1553 Maximum Height — 50' Utility Easements — 10' front, 5' sides Swimming Pools — 20' from property line to pool deck edge (Community Pools) Fee Simple Pools — Rear — 7.5' from property line to pool deck edge Side — 7.5' from property line to pool deck edge Commercial: Front — 25' Rear — 10' Side-15' (between buildings) Side Corner — 25' Maximum Height— 50' (35' feet within 100 feet of residential area) Utility Easements — 10' front, 10' sides C. Parkins All retail uses shall provide a minimum of four (4) parking spaces per 1,000 gross square feet and a maximum of five (5) spaces gross square feet. All office uses shall provide a minimum of four (4) parking spaces per 1,000 gross square feet and a maximum of five (5) parking spaces per 1,000 gross square feet. D. Roads Multi -family land uses may utilize inverted crown roadway and drainage systems with flush curb and gutter within multi -family villages. Main Access — Minimum right-of-way width of 100-feet; Main internal roadway minimum right- of-way width of 60-feet as depicted on Exhibit `B" within the project. Minimum right-of-way widths within Village areas shall be 50-feet. Indian River Boulevard extension shall be designed by a FDOT prequalified design firm. Indian River Boulevard shall be a four (4) lane urban typical section with closed drainage. Indian River Boulevard shall be constructed to FDOT Standards. Indian River Boulevard shall be four (4) land to westerly project entrance by the issuance of the 6006 Certificate of Occupancy. Four (4) lanes of Indian River Boulevard shall be initially constructed to a point 400 feet west of the main project entrance as depicted on Exhibit `B". It is contemplated that the developer and the City will cooperate with the owner/developer of property located adjacent to the north of Indian River Boulevard extension to accomplish these contemplated improvements and that developer shall receive appropriate transportation impact fee credit and fair share credit for undertaking their transportation improvements. All 100-foot right-of-ways shall be maintained by the City of Edgewater. The eastern most collector shall be constructed by the Developer southward to the wetland jurisdictional line nearest the south property Reflections 4 Instnment# 2006-233452 # 13 Book: 5915 Page: 1554 line by the time of infrastructure installation for Village 8 and 9 and shall be maintained by the City of Edgewater. E. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water management District and the City of Edgewater Land Development Code. The pond(s) are approximately 53 acres and will be owned and maintained by the HOA/CDD (Homeowner's Association/Community Development District). Developer is required to provide an outfall to a publicly owned drainage conveyance system, obtain an off -site drainage easement if necessary and meet the following stormwater requirements. Flood Plain Encroachment and Compensatory Storage Criteria: Definitions: FEMA — Federal Emergency Management Agency PIS — Flood Insurance Study FIRM — Flood Insurance Rate Map USGS — Untied States Geological Survey NGVD29 — National Geodetic Vertical Datum of 1929 NAVD88 — North American Vertical Datum of 1988 SHWL — Seasonal High Water Level. The SHWL is defined as the elevation to which ground or surface water can be expected to rise during a normal wet season. SHGWT — Seasonal High Ground Water Table. The SHGWT is defined as the zone of water saturated soil at the highest average depth during the wettest season of the year. 100-Year Flood Elevation — The flood elevation that has a one percent (1%) chance of being equaled or exceeded each year. The on -site 100-year flood elevation shall be established to the satisfaction of the City Engineer. Establishing the 100-year flood elevation may be based upon a combination of: FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and regional nature; and site -specific assessments signed and sealed by a professional engineer licensed to practice in the State of Florida. Projects located near the coast should evaluate any flooding effects associated with both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones A, AE, AH and O). In the case of conflicting information, the City will rely upon the highest elevation, unless reasonable assurance can be provided that a lower elevation is justified. Under no circumstances will the City accept a 100-year flood elevation determined by overlaying a FEMA Zone A delineation with any topographic contour information. Reflections Instruientt 2MB-233452 A 14 Book: 5915 Page: 1555 Construction plans and drainage basin maps shall be annotated to clearly and accurately delineate the flood plain encompassed by the applicable on -site 100-year flood elevation. Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot (i.e l-foot topographic contour interval and 100-year flood elevation to one decimal accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate to comply with these design standards. Flood Plains shall be delineated for all storage areas located within the property boundary as defined by the pre -development topography, even if these areas are not illustrated on FEMA FIRM panels. Historically, flood elevation published by FEMA and other governmental agencies have been determined using the NGVD29 datum, or for that matter any other vertical datum, a "datum shift" may be required to "adjust' the applicable on -site 100-year flood elevation to a common and consistent datum. The SHGWT shall be established by drilling a sufficient number of geotechnical borings, whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be determined for all wetlands, depressions, and any other low areas within the property boundary that are capable of impounding stormwater runoff on the developed property. Flood plain encroachment shall be computed for all fill placed within the flood plain below the 100-year flood elevation and above the predicted SHGWT or SHWL. Compensatory storage for all 100-year flood plain encroachments shall be provided in accordance with the following requirements: Compliance will be based upon a volume for volume (`cup for cup") methodology, with the volume of compensation equal to the volume of encroachment at each and every elevation (1-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent flood plain management for all storm events of magnitude less than the 100-year storm event, and is intended to prevent cumulative water quality impacts. Storage creation must occur below the existing 100-year flood elevation and above the predicted SHGWT and/or SHWL. Compensation must occur within dedicated storage areas excavated contiguous to, but outside of, the existing 100-year flood plain. Under no circumstances will compensatory flood storage be allowed within ponds that also provide stormwater management (retention and/or detention) for the proposed development. The City may approve the creation of off -site compensatory storage areas located outside the property boundary on a case -by -case basis. Reflections Instruwd# 2006-233452 1 15 Book: 5915 Page: 1556 The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect upstream systems, downstream systems, and/or offsite properties. F. Sianaee Along 1-95 the commercial village may have one (1) monument sign with a maximum height of sixty (60) feet, with 150-square feet of copy area, similar to the depicted sign attached as Exhibit D. Neighborhood signs shall conform to the Land Development Code. Existing billboards may remain on site, pursuant to the standards set forth in the Land Development Code. "City of Edgewater" and/or "Edgewater" shall be graphically displayed on said signage. G. Trees There shall be a minimum of four (4) trees per each single-family home building lot. Trees shall be 2 ''/z: in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" — Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. Statistical tree survey information may be considered at the discretion of the Development Services Director. However, such statistical surveys shall be limited to sites containing air overstory consisting predominantly of trees uniform in age, species and distribution, which do not contain specimen or historic tress. Statistical surveys must be conducted in compliance with accepted forestry practices. The development of this Subdivision shall comply with all City and County minimum environmental standards for Historic and Specimen Tree Protection requirements and Area Tree Protection requirements. Landscaping for multi -family and commercial uses shall comply with the current Land Development Code. H. Entrance to Subdivision Minimum 120-foot right-of-way width located for the Indian River Boulevard extension. I. Model Homes and Temoorary Offices Lots to be shown on Village Plans, on a per phase basis, not to exceed five (5) per village use, and are designated for use as potential model home or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, and the like may be permitted as temporary sales office while a model home is under construction. Such temporary offices shall only be permitted for an Reflections 7 Irstnmentil M-233452 6 16 Book: 5915 Page: 1557 interim period not to exceed sixty (60) days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: (a) Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP). On -site hydrants are required to service the area where the proposed models will be constructed. (b) 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 and emergency vehicle access. (c) Permanent utility connections cannot be made until the sanitary sewer system has been completed and certified by FDEP. 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 Standard Building Code shall be deemed to authorize limited occupancy of model homes. Flags or insignias which read "model", "open", "open house" or any other phrase which identifies property for real estate purposed may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. (a) Five (5) single-family or duplex model home lot, not to exceed two (2) flags each. J. Declaration of Covenants. Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation, and By - Laws for the Owner's Association and/or Community Development District (CDD) will be recorded in the public records of Volusia County at the time the Final Plat for Reflections is recorded. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Reflections is Mixed — Use with Conservation Overlay and Conservation. The zoning designation for Reflections shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code and amended herein. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) and BPUD (Business Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map and Land Development Code. Reflections 8 Instrument# 2006-233452 N 17 Book: 5919 page: 1558 5. PUBLIC FACILMES A. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at the nearest point of connection, which will provide adequate flow for the development as determined by the City. All water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a forth acceptable to the City and dedicated to the City prior to or at time of platting. B. Developer 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 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. C. The City has determined that reclaimed water shall be available in the near future; therefore the Developer shall install piping for future reclaimed water service. Until reclaimed water is available to the site, the developer may use the piping for irrigation purposes. D. Developer agrees to provide on and off -site current and future utility and drainage easements for drainage and utility service consistent with this provision. E. All utility services will be underground. F. Internal Roadway improvements and all associated right-of-ways shall be dedicated to the Owner's Association and/or CDD at the time of final plat approval. Indian River Boulevard R-O-W and improvements shall be dedicated to the City. The City shall maintain Indian River Boulevard. G. Off -site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and shall meet all City, County and/or State requirements and approval. H. Impact fees for each village or phase will be paid in accordance with the following schedule: Water — Pay 100% of the applicable impact fees to the City by applicant at the time permit application (capacity reservation) is signed by the City. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Sewer — Pay 100% of the applicable impact fees to the City by applicant at the time permit application (capacity reservation) is signed by the City. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Police, Fire, Recreation — Paid to City by applicant at the time of Building Permit application. Roads — Paid to City by applicant at the time of Building Permit Application. Reflections 9 Instnlmntl 2006-233452 6 18 Book: 5915 Page: 1559 Volusia County Impact Fees for Roads and Schools — Paid at City Hall by applicant prior to a Building Certificate of Occupancy, with credits as appropriate. Developer shall pay Transportation Proportionate Fair share amount as adopted by City Council, pursuant to state law with appropriate consideration for transportation improvements contemplated by the developer, City and/or any other applicable agency. Developer shall pay $250.00 per residential unit to mitigate impacts caused by the development. Funds can only be used for capital projects. Capital improvements shall be at the sole discretion of the City Council. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. 1. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. J. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. Developer shall provide a transportation study to model the distribution of new trips on the area roadway network. City approval of modeling methodology and study boundary shall be required prior to initiating traffic study. K. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspection and the construction of required infrastructure improvements and the review and approval of the final plat related to the Reflections development pursuant to a schedule agreed to by the developer and City Manager. L. The developer shall provide all public facilities to support this project including the following: I. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Piping for future reclaimed water. 5. Provide all required pavement marking and signage (stop signs, road signs, etc) within the Subdivision. 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. 6. Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. 7. Bonds — A Performance Bond may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to Reflections 10 Instrumental 2006-233452 i i9 Book: 5915 '•4 page: 1560 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. 8. Sidewalks shall be constructed on both sides of the stmets/roadways and sidewalks along thoroughfares shall have a minimum width of six (6) feet and shall be constructed prior to issuance of a Certificate of Occupancy on each building lot. All other sidewalks shall have a minimum of four (4) feet. Developer shall provide a bond or surety in a form acceptable to the City in the amount of $10.00 per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the developer shall install the remaining sidewalks. 9. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and maintained by the Owner's Association and/or CDD and be installed by the Developer at time of installation of the infrastructure or prior to the Certificate of Occupancy issuance for the first dwelling unit. 10. The Developer shall dedicate to the City of Edgewater, at no cost to the City, a five (5) acre Public/Semi-Public site within Phase I of the commercial portion of the Development, in a mutually acceptable location. This condition will expire by the issuance of the 600" C.O. if not exercised by the City. it. An approximate twenty (20) acre school site will be dedicated at no cost to the City by the Developer as depicted on Exhibit B or in a mutually acceptable location and conveyed to the Volusia County School Board for future school siting needs. This condition will expire by the issuance of the 600" C.O. if not exercised by the Volusia County School Board. M. Recreational Facilities/Open Space Active and passive recreation area and facilities will include a community clubhouse, active family pool area, adult pool area, village tot -lots, play fields and community lots and adjacent to major water bodies to provide access to these areas. Multi -family areas shall provide additional recreation facilities for its residents. The Master Developer shall provide an extensive pedestrian trail network (25,235t lineal feet) throughout the community. This network of paved walk -ways or natural trails will provide access to all community facilities, neighborhood village, the community's commercial area and the preserved conservation areas. Reflections 11 Instrunentf 2006-233452 B 20 Book: 5915 Page: 1561 The Developer shall provide 96.64t acres of (25%) community open space dedicated to the HOA/CDD for Community Recreational Facilities as follows: Active Recreation Facilities 7.83 acres Passive Recreation 22.49 acres Natural Lakes and Swales 25.96 acres Retention at 50% 30.35 acres Village Tot -Lots TBD at each phase of development Pedestrian Trail Network (25,235 Linear Feet) 10.01 acres 6. 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. 7. DEDICATION OF LAND FOR PUBLIC USE The Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances, all utility easements as required. The developer has designated 96.64t acres as open space active and passive recreation, to be maintained by the HOA/CDD. Internal right-of-ways shall be dedicated to the HOA/CDD. 8. PERMITS REQUIRED The developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, 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 Plat approval, Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. Commercial development shall require site plan approval from the TRC, any structure 25,000 square feet or greater shall require Planning and Zoning Board and City Council approval. 3. This site shall require a Volusia County Environmental Permit. 4. 100-year flood elevation for this site will be determined and approved by the City and FEMA; minimum finished floor elevation shall be one (1) foot above the flood plain elevation. Reflections 12 t Instnwnt# 2006-233452 A 21 Book: 5915 Page: 1562 9. DEVELOPMENT REQUIREMENTS 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, or as expressly provided for in this Agreement. Developer shall establish a mandatory Owner's Association and/or CDD for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA/CDD will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the storrnwater areas within the common area tracts as depicted on the plat. The HOA/CDD 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. 10. 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. 11. 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. 12. PERFORMANCE GUARANTEES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. 13. BINDING AFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. Reflections 13 Instrument# 2006-233452 122 Book: 5915 Page: 1563 14. 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. 15. 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 on competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence of the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at anytime 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. 20. 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 only after providing notice to the developer of the Reflections 14 . t Instrument# 2006-233452 # 23 Book: 5915 Page: 1564 issues, which give to an action for specific performance, and the developer does not cure the defect within 30 days of receipt of the notice. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. 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. 23. CAPTIONS Captions of the sections of this Agreement we 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. 24. SEVERABII.ITY 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 the date 2n'dyear first written above:' ATTEST' ' Ct T, , CO(/UNEII. OF isafi J..NIVahwortb, Ity'Clerk - r parties have caused this Agreement to be made and entered into THE CTTY OF EW R,r ByX It L Mic ael L. T comas May r Robin L. Matusick Legal Assistant/Paralegal Reflections 15 Instrusentl 2006-233452 6 24 Book: 5915 Page: 1565 Witnessed by: s � � 1 Signed, sealed and delivered in the presence of. STATE OF FLORIDA COUNTY OF VOLUSIA MERCEDES HOMES, INC, a Florida Corporation By.Ken Mitchell, President, roost. Land Division SH.KCO, LLC, a Florida Limited Liability Company By: Lar McCaskill, Manager The foregoing instrument was acknowledged before me on this r0 day of 2006, by Ken Mitchell, and who is personallyjwown to me or has produced as identification and who did (did not) take an oath. a 18ry Pn 1iC � ••a •µ1B6 ,y ^ � ♦ � � Eiq • I /�•4 qN Stamp/Sea] V Y^ = 4•g�pppg62ap33 Signed, sealed and delivered in the presence of: STATE OF f3eliffiA "oent Jf4 •�O cAkD COUNTY OF VAD 6 1 1. �9q' •s"h�°'�,m'"eN;'• �� � ♦ y' • • FF .i4A4/ = n3{�-• The foregoing instrument was acknowledged before me on this day of 'S2006, by Larry McCaskill, and who is personally known to me or has produced F L Dt— M -2:) 4 ntl3 9 • i po as identification and who did (did not) take an oath tagat=;; Notary Public NOMW PAGO Jotrwon Canty Reflections sk"c/Ncdn Caoum 16 My Ccm nWon bq:Yas Mar 29, 20l6 Instrimentt 2006-233452 9 25 Book: 5915 ` t Page: 1566 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. ALL OF SECTION 7, TOWNSHIP 18 SOUTH, 34 EAST, AND THE WEST 112 OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST, LYING WESTERLY OF INTERSTATE NO. 9, VOLUSIA COUNTY, FLORIDA LESS: A) WELL SITE I & 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. B) WELL SITE 3 & 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL AND DISK STAMPED "PLS 4014" MARKING THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 89-44'51" WEST, ALONG THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, A DISTANCE OF 2982.45 TO A 4" x 4" CONCRETE MONUMENT STAMPED "PLS 2027" MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY; THENCE NORTH 89045'10" WEST, THE NORTH LINE OF SAID SECTION 7 AND THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 2982.47 TO A 5/8" IRON ROD & CAP t12599" MARKING THE NORTHWEST CORNER OF SAID SECTION 7, AND THE POINT OF BEGINNING; THENCE SOUTH 01028'07 EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 5301.88 FEET TO 1/2" IRON PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 89045'08 EAST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 5930.90 FEET, TO THE REMAINS OF A CYPRESS POST MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE NORTH 89031'l0 EAST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2354.57 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE 95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 79002-2406; THENCE NORTH 22'11'53" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 4163.18 FEET; THENCE NORTH 31055'32" WEST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1420.42 FEET; THENCE NORTH 62003'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 149.13 FEET; THENCE NORTH 76002'44" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 269.91 FEET; THENCE SOUTH 89°41'52" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 749.02 FEET; THENCE NORTH 00°18'08" WEST, ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 93.30 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 7; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 927.09 FEET; TO THE NORTHEAST CORNER WELL SITE NO. 1 AS Reflections 17 Instruwent6 2006-233452 If 26 Book: 5915 Page: 1567 RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 1 THE FOLLOWING COURSES: THENCE SOUTH 00-15-09" WEST, A DISTANCE OF 46.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40,00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 46.00 FEET TO THE NORTH LINE OF SAID SECTION 7 AND THE NORTHWEST CORNER OF SAID WELL SITE NO. l; THENCE NORTH 89044,51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 390.30 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 2 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 461, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 2 THE FOLLOWING COURSES; THENCE SOUTH 00015'09"WEST, A DISTANCE OF 49.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40,00 FEET; THENCE NORTH 00°15'09" EAST, A DISTANCE OF 49.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 2; THENCE NORTH 89044'51" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 516.02 FEET; TO THE NORTHEAST CORNER OF WELL SITE NO. 3 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 3 THE FOLLOWING COURSES; THENCE SOUTH 000 1 5'09"WEST, A DISTANCE OF 48.00 FEET; THENCE NORTH 89044'51" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00015'09" EAST, A DISTANCE OF 48.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 3; THENCE NORTH 89044'5 1" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 18.16 FEET TO A 4" x 4" CONCRETE MONUMENT MARKING THE SOUTH 1/4 CORNER OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 89145'10" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 417.17 FEET TO THE NORTHEAST CORNER OF WELL SITE NO. 4 AS RECORDED IN OFFICIAL RECORDS BOOK 3224, PAGE 463, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE ALONG THE LIMITS OF SAID WELL SITE NO. 4 THE FOLLOWING COURSES; THENCE SOUTH 00014'50"WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89045'10" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 00014'50" EAST, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF SAID SECTION 7, AND THE NORTHWEST CORNER OF SAID WELL SITE NO. 4; THENCE NORTH 89045'10" WEST ALONG SAID NORTH LINE OF SAID SECTION 7, A DISTANCE OF 2525.30 TO THE POINT OF BEGINNING. 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'" IV Co> IV .. .... .... c: c:c: "0 d "0"0 -i-l 00 IV CIIU1 0 00 c: c:c: ~ );); 0 00 REFLECTIONS AT EDGEWA TER A RESIDENTIAL PLANNED UNIT DEVELOPMENT CITY OF EDGEWATER, FLORIDA Q BOWYER 0lNGLETON & Ao;.o;()(:lxn:s. IN(X)f~I'(mxrm) fa ./ -i -I ~ ~ -I ~ > ... =i '" ~ !: "OCDI-f 0I0~ c: (00" "TI~ (tl 7\ ~ 0-1 ol!! .. .. ;:; -lCll >0 "'" "C: m> ...tn~ ;u m tn(Og ~ > ""...,.:" . 0 ...tn~ .... ::0 .... m .j:>,. ~ .. CIl Con .... N ..- 0 ~ m z (/) ~ !l Prepared for: REFLECTIONS COMMUNITY DEVELOPERS, INC. "20 SOUT>l ......oNOlJA AVENUE OfII1...ANDO. 1"L.Oflt~ 32110' ~EJ (407) 1143-"'20 "Ale, (407) "48-."" __KO IlUSINIESS "'221 "C OJ ~ 0I0~ (CO" (tl 7\ ~ " "~ "'" ... tn N tn(O~ "" ...,.:" o tn~ Con N "* N (.C > Z o c en m o > ~ Instnsenty 2006-233452 R 31 Book: 5915 Page: 1572 EXHIBIT"C" TREES Common Name Botanical Name Inches (DBH) Elm Ulmus spp. 12 Plus Hickory Carya spp. 12 plus Loblolly Bay Gordonia lasianthus 12 plus Magnolia Magnolia grandiflora 12 plus Red Maple Acer mbrum 12 plus Other Oak Species Quercus spp. 12 plus Red Bay Persea borbonia 12 plus Red Cedar Juniperus silicicola 12 PIS Swamp Bay Persea palustris 12 plus Sweet Bay Magnolia virginiana 12 Plus Sweet Gum Liquidambar styraciflua 12 plus Sycamore Platanus occidentalis 12 plus Turkey Oak Quercus Iaevis 12 plus Reflections 21 m >< :I: - m - ... d - - "tJCJ~ QlO~ tCo..-to (t)i'\5 II II ~ ..-to ..... ....r..n~ r..nr.cas ~....I c.vr..n~ . (J"I N "* ~ Rollo IngISM ��������������������: INNMEN ��������� I x % . 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