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2017-O-10 - Brilliance PUD 05/09/2017 08:25 AM Instrument# 2017-091296 # 1 Book : 7395 Page : 2617 ORDINANCE NO.2017-0-10 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY R-4 (MULTI-FAMILY RESIDENTIAL) AND B-3 (HIGHWAY COMMERCIAL) TO CITY BPUD (BUSINESS PLANNED UNIT DEVELOPMENT) FOR 9.09± ACRES OF CERTAIN REAL PROPERTY LOCATED WEST OF US HIGHWAY 1, SOUTH OF PINE AVENUE, INCLUDING 2010 S. RIDGEWOOD AVENUE AND 2018 S. RIDGEWOOD AVENUE, 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. Rajesh Ailani, is the applicant on behalf of Hanson and McCallister, Inc., owner of property located west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and George H. Mundell, Jr., owner of property located at 2018 S. Ridgewood Avenue, within Volusia County, Florida. Subject property contains approximately 9.09±acres. 2. The applicant has submitted an application for a change in zoning classification from City R-4 (Multi-Family Residential) and B-3 (Highway Commercial) to City BPUD (Business Planned Unit Development)for the property described herein. 3. On March 8, 2017, 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 Brilliance Edgewater ALF I 2017-0-10 Instruent# 2017-091296 # 2 Book _ 7395 Page : 2618 land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. 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 following described property is hereby changed from City R-4 (Multi-Family Residential); 2.57= acres and B-3 (Highway Commercial); 6.58± acres to City BPUD (Business Planned Unit Development), pursuant to the associated Planned Unit Development (PUD) Agreement(attached and hereto incorporated as Exhibit"B")for the property described in Exhibit"A". 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. Brilliance Edgewater ALF 2 2017-0-10 Instrument# 2017-091296 # 3 Book : 7395 Page : 2619 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 Councilman Blazi and Second by Councilwoman Power, the vote on first reading of this ordinance which was held on April 3, 2017 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X - Councilman Dan Blazi X Councilman Gary Conroy X Brilliance Edgewater ALF 3 2017-0-10 Instrument# 2017-091296 # 4 Book _ 7395 • Page _ 2620 After Motion to approve by and Second by -O(,c,-�, the vote on second reading/public hearing of this ordinance which was held on IY �, 1 2017 was as follows: �QJ AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power N.+ Councilwoman Amy Vogt �+ - Councilman Dan Blazi Councilman Gary Conroy N PASSED AND DULY ADOPTED this Jf day of a , 2017. ATTEST: CITY COUNCIL OF THE c CITY OF EDGEWATER, FLORIDA , ii497 riv t RolbineAusiek Mike Ignasiak � ^}City.CWrk/P alegal Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this Int day legality by: Aaron R. Wolfe, Esquire of ! 2017 under City Attorney Agenda Item . 8 3 . Doran, Sims, Wolfe&Ciocchetti Brilliance Edgewater ALF 4 2017-0-10 Instrtment1 2017-091296 >1< 5 Book : 7395 Page : 2621 EXHIBIT "A" LEGAL DESCRIPTION 2 18 34 IRREG PARCEL IN SE 1/4 U S LOT 3 MEAS 195.91 FT ON E/L& 330.09 FT ON S/L PER OR 2566 PG 0846 PER OR 2638 PG 116 PER OR 4128 PG 0431 PER OR 7274 PG 0100 AND 2-18-34 IRREG PARCEL IN NE 1/4 OF SE 1/4 GOVT LOT 3 MEAS APPROX 587.73 FT ON N/L& MEAS APPROX 887.76 FT ON E/L EXC IRREG PARCEL PER OR 2638 PG 116 MEAS 195.91 FT ON E/L & 330.09 FT ON S/L PER OR 4128 PG 0431 PER OR 7274 PG 0102 AND 2 18 34 LOT 1 HIGHWAY SUB PART OF LOT 5 AND 2 18 34 LOT 2 HIGHWAY SUB PART OF LOT 5 PER OR 1561 PG 18 AND 2 18 34 LOT 3 HIGHWAY SUB PART OF LOT 5 PER OR 1561 PG 18 AND 2 18 34 LOTS 4 5 & 6 HIGHWAY SUB PART LOT 5 PER OR 3483 PG 1834 Containing 9.09 acres more or less Brilliance Edgewater ALF 5 2017-0-10 I nst nument t 2017-091296 16 Book : 7395 • Page : 2622 EXHIBIT "B" BPUD AGREEMENT THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O.Box 100 Edgewater,FL 32132-0100 AFTER RECORDING RETURN TO: Robin L.Matusick,City Clerk/Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O.Box 100 Edgewater,FL 32132-0100 For Recording Purioses On! BUSINESS PLANNED UNIT DEVELOPMENT AGREEMENT fRILLIANCE EDGEWATER ALF THIS AGREEMENT is made and entered into this jam- day of 2017 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"), HANSON & MCCALLISTER, INC., owner, whose address is 340 Windhaven Lane, New Smyrna Beach, Florida 32168 (hereinafter referred to as "Owner") and BRILLIANCE LIVING CORPORATION, developer, whose address is 1055 North Dixie Highway, New Smyrna Beach, Florida 32168 (hereinafter referred to as "Developer" and/or "Contract Purchaser"). The purpose of this Agreement is to define the terms and conditions 11 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 9.09± acres located west of U.S. Highway 1 and east of Pine Avenue in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" — Legal Description. The record Brilliance Edgewater ALF 6 2017-0-10 Instrtaent1 2017-091296 1 7 Book : 7395 Page : 2623 owners of the subject property are Hanson & McCallister, Inc., and George H. Mundell, Jr. 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The agreement may be extended by mutual consent of the governing body and the Landowner and/or Developer, subject to a public hearing. Development must be consistent with the Brilliance Edgewater ALF Concept Plan dated February 12, 2017 attached hereto as Exhibit "B" — Conceptual Plan. Developer must receive site plan approval from the City prior to commencing construction of the Brilliance Edgewater ALF. Developer's failure to initiate construction within twenty-four (24) months of the date of this Agreement may result in the City's termination of the Agreement. Commencement of construction means to begin performing on-site 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 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 Land Development Code ("City LDC"), as described in Paragraph 2 above. The Developer further agrees that all development will be consistent with the Brilliance Edgewater ALF Concept Plan dated February 12, 2017. Brilliance Edgewater ALF 7 2017-0-10 Instrument# 2017-091296 # 8 Book : 7395 Page : 2624 Brilliance Edgewater ALF shall be developed consistent with the City's development procedures for an adult living facility (with independent living units) and commercial outparcels (except as amended by this Agreement). Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Said changes shall be approved by the City. Use of the property will be as follows: ADULT LIVING FACILITY/MEMORY CARE FACILITY CRITERIA Maximum Number of Units Assisted Living Facility: 75 beds Independent Living Units: 23 units Minimum Yard Side and Setbacks Front(Ridgewood Ave.): 25 ft. Rear: 20 ft. Side (North& South): 20 ft. Minimum Landscape Buffer Front(Ridgewood Ave.): 10 ft. Side (North): 20 ft. Side (South): 10 ft. A. Average Lot Size The 23 independent living units are planned to be a maximum of 800 square feet each. COMMERCIAL Minimum Yard Side and Setbacks Front: 10 ft. Rear: 25 ft. Brilliance Edgewater ALF 8 2017-0-10 Instruaent# 2017-091296 # 9 Book : 7395 Page : 2625 Side (North): 20 ft. Side (South): 10 ft. Minimum Landscape Buffer Front (Ridgewood Ave.): 10 ft. Rear: 10 ft. Side (North): 20 ft. Side (South): 10 ft. A. Commercial Area All commercial uses shall meet the requirements of the City's LDC. Commercials area may be subdivided as long as such subdivision meets the "building site" requirements of the City's LDC. OVERALL SITE DEVELOPMENT STANDARDS Maximum Building Coverage: 40% Maximum Impervious Coverage: 75% Minimum Open Space: 35% (shall include any areas utilized for lawns, stormwater treatment and buffers not consisting of impervious surface) Maximum Density/Intensity: 12 dwelling units per acre/ 0.5 floor area ratio Maximum Building Height: 45 ft. A. Roads Roads, drives and sidewalks within the Property, as shown on the Conceptual Plan, shall be private and shall be constructed to City standards and maintained by the Developer. B. Parking Parking shall be as shown on the Conceptual Plan and constructed in compliance with the Brilliance Edgewater ALF 9 2017-0-10 Instrument# 2017-091296 # 10 • Book : 7395 Page : 2626 City's LDC. C. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water Management District and the City LDC. The Developer shall meet all requirements pertaining to flood plain development standards as defined in the City LDC. D. Signage Any signage shall meet the current City LDC. E. Trees The Developer shall meet the City minimum tree protection standards. F. Entrance to Subdivision One (1) entrance, as depicted on the Conceptual Plan, shall be permitted for accessing the Brilliance Edgewater ALF development from Ridgewood Avenue. G. Future Expansion/Phases Notwithstanding anything herein to the contrary, the City shall permit future expansions of the Brilliance Edgewater ALF in accordance with the City LDR as long as said expansions do not cause development of the Property to exceed 200 beds and/or 0.5 FAR. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Brilliance Edgewater ALF is Commercial with Conservation Overlay. The zoning designation for Brilliance Edgewater ALF shall be BPUD (Business Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for BPUD are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. Brilliance Edgewater ALF 10 2017-0-10 Instrtsent# 2017-091296 # 11 Book : 7395 Page : 2627 5. PUBLIC FACILITIES 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. All water main distribution system improvements will be installed by the Developer and all water main distribution system improvements within public right of ways shall be 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 Certificate of Occupancy. 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 all wastewater collection and transmission system improvements within public right of ways shall be 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 Certificate of Occupancy. C. The City has determined that reclaimed water may be available in the future. Therefore, the developer shall install reclaimed piping in anticipation of said services. 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. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, and signalization) are the Developer's responsibility and shall meet all City, County and/or State requirements and approval. G. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Brilliance Edgewater ALF 11 2017-0-10 Instrument# 2017-091296 # 12 Book : 7395 Page : 2628 1) Water - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the city, thereby reserving requisite water capacity. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (1)year. 2) Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the city, thereby reserving requisite sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (1)year. 3) Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. 4) Roads - Paid to City by applicant at the time of Building Permit Application. 5) Volusia County Impact fees for Roads and Schools (if deemed applicable by the Volusia County School District) - Paid prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. Interior pedestrian facilities shall connect to pedestrian facilities along U.S. Highway 1. H. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. I. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. J. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Brilliance Brilliance Edgewater ALF 12 2017-0-10 Instrment# 2017-091296 # 13 Book : 7395 Page : 2629 Edgewater ALF development approval and the construction of required infrastructure improvements. K. 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 service. 5. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department of Transportation (FDOT) standards. L. Recreational Facilities Active and passive recreation areas and facilities for the Brilliance Edgewater ALF will include a courtyard, pool area, garden, play fields as provided on the Conceptual Plan. 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 PURPOSES 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. Brilliance Edgewater ALF 13 2017-0-10 Instrument# 2017-091296 # 14 Book : 7395 Page : 2630 8. PERMITS REOUIRED The Developer will obtain required development permits or letters of exemption as needed for this Agreement and the construction of the improvements depicted on the Conceptual Plan. 9. 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. 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 within fifteen (15) days of the adverse decision being communicated to such person. The City Manager shall review the decision of the city official and render a decision on the appeal within thirty(30) days of receipt of the written notice or appeal. Any person may subsequently appeal the decision of the City Manager to the City Council. Any such appeal to the City Council must be filed with the City Clerk within fifteen (15) days of the adverse decision by the City Manager being communicated Brilliance Edgewater ALF 14 2017-0-10 Instrteent# 2017-091296 # 15 • Book : 7395 Page : 2631 to such person. The City Council shall review the decisions of the city official and City Manager within sixty(60)days of the date of filing such appeal. The decision of the City Council shall be final and binding. An appeal of a decision made by any advisory board may be filed by any interested party. 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 EFFECT 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. 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. PERFORMANCE REVIEW 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 Brilliance Edgewater ALF 15 2017-0-10 Instrunt# 2017-091296 # 16 Book : 7395 Page : 2632 reasonable opportunity to cure such breach from the City. 16. APPLICABLE LAW This Agreement and the 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 to 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, will require City Council approval. 19. 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. 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. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other Brilliance Edgewater ALF 16 2017-0-10 Instrument# 2017-091296 # 17 Book : 7395 Page : 2633 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 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. 24. 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. SIGNATURE PAGES TO FOLLOW Brilliance Edgewater ALF 17 2017-0-10 Instrument# 2017-091296 # 18 Book : 7395 Page : 2634 IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA a+ By: fire, vrAW . tbin L. A Isick' Michael Ignasiak y.Cl r i , lega Mayor ; . Vic,.• (SIGNATURES CONTINUE ON NEXT PAGE) Brilliance Edgewater ALF 18 2017-0-10 Instrument* 2017-091296 S 19 Book : 7395 Page : 2635 OWNER V14'it'essed by: Hanson & McCallister, Inc. • uy,A, i he1U fV nn1J By: LS /Cynthia Jean McCallister 0,06—QPresident Chu STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on thiscIA day of, ,1 , 2017, by Cynthia Jean McCallister, as President of Hanson & McCallister, Inc., who i ] personally known to me or [j has produced as identification and who did (did not) take an oath. "1"gt, "1"h"lh"db".`idh"."dh"g6a°, ... . i-- \iNVAL.00., III\--bi:k4 1 •roe'. `. MICHELLE 0 OAIL ,\ Notary Public-State of Florida 1 Notary'Public 1 �, Commission#FF 962436 I Stamp/Seal , �'•4;,os A.„,5� My Comm.Expires Apr 22.2020 OnereeeelepeepiewineregregpiNpmemirsipub DEVELOPER Wi essed by: Brilliance Living Corporation By: JfC r}�- . c;•- f-si- / cap Rajesh Ailant ��cb Director STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged be o • me on this day of , 2017, by Rajesh Ailani, as Director of Brilliance Livin• • orporation, who is [J personally known to me or [] has produced as identification an' , •e did (did not) take an oath. Notary Public Stamp/Seal ,(SIGNATURES CONTINUE ON NEXT PAGE) Brilliance Edgewater ALF 19 2017-0-10 Instruent# 2017-091296 # 20 Book : 7395 Page : 2636 OWNER Wit essed by: (Th Hanson & McCallister, Inc. 61/AvntAAs By: 4/if24/1/(e -&-d4 `� 2) (V'Oj loi tynthia Jean McCallister L'IMe-41A-0/G01 President STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on thi day of h , 2017, by Cynthia Jean McCallister,as President of Hanson & McCallister, Inc., who jilt] personally known to me or[J has produced as identification and who did(did not) take an oath. MICHELLE D DAIL 4 ,'1 Notary Public-State of Florida 1 Notary 'ublic 1 "s .gl Commission FF 962436 (, Stamp/Seal •••%?;,vn„p My Comm.Expires Apr 22,2020 DEVEL• ' :R Witr essed by: Brilli. ving Corporatio ( , , i 44--- U dent (uhf By: I • b Rajel Ailani ►'1 Dire or •1-1c-'4- is (bdr✓ - STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this c 11 day of I "1, 2017, by Rajesh Ailani, as Director of Brilliance Living Corporation, who is personally known to me or[] has produced as identification and who did (did not)take an oath. OtUfV2- WIL1;06(\ Notary Public Stamp/Seal ry '�• ,�`_ Notary SateFloridar (SIGNATURES CONTINUE = � ,• Commission t GG 066316 My Comm.Expires Mar 12,2021 NEXT PAGE) °`,F`.•' sondedthrough NaOonaiNotary Assn, I Brilliance Edgewater ALF 20 ongstmerwrovirwreartswerww 2017-0-ID Instrument# 2017-091296 # 21 Book : 7395 Page : 2637 OWNER Witnessed by: Hanson& McCallister, Inc. By: S— S1 roc:: c,� c$ 1 9 Cynthia Jean McCallister President STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowl:. before me on this day of , 2017, by Cynthia Jean McCallister, ' •sident of Hanson & McCallister, Inc., who is [i personally known to me or L1 has produced_ as identification and who did(did not) take an oath. Notary Public Stamp/Seal OWNER 2018 S. Ridgewood Avenue Witness by: ,be By: Georg. H. Mundell,Jr. STATE OF FLORIDA COUNTY OF VOLUSIA The' f egoing instrument was acknowledged before me on this day of 2017, by George H. Mundell, Jr., who is U personally known to me or has uced `C7C-. as identification and who did (did not) . e an oath. , 11 elk 1 t► l 1 1 I .l _ Nota 'u.lic 1110 Stamp/Seal / . KAREN IL YARBOROUGH Nord 8ta1e of Florida Commission#aG 31887 My comm.MINI 141004 17,3010 Brilliance Edgewater ALF 21 2017-0-10 Instrunent# 2017-091296 # 22 • Book : 7395 Page : 2638 EXHIBIT "A" LEGAL DESCRIPTION 2 18 34 IRREG PARCEL IN SE 1/4 U S LOT 3 MEAS 195.91 FT ON E/L & 330.09 FT ON S/L PER OR 2566 PG 0846 PER OR 2638 PG 116 PER OR 4128 PG 0431 PER OR 7274 PG 0100 AND 2-18-34 IRREG PARCEL IN NE 1/4 OF SE 1/4 GOVT LOT 3 MEAS APPROX 587.73 FT ON N/L & MEAS APPROX 887.76 FT ON E/L EXC IRREG PARCEL PER OR 2638 PG 116 MEAS 195.91 FT ON E/L & 330.09 FT ON S/L PER OR 4128 PG 0431 PER OR 7274 PG 0102 AND 2 18 34 LOT 1 HIGHWAY SUB PART OF LOT 5 AND 2 18 34 LOT 2 HIGHWAY SUB PART OF LOT 5 PER OR 1561 PG 18 AND 2 18 34 LOT 3 HIGHWAY SUB PART OF LOT 5 PER OR 1561 PG 18 AND 2 18 34 LOTS 4 5 & 6 HIGHWAY SUB PART LOT 5 PER OR 3483 PG 1834 Containing 9.09± acres more or less Brilliance Edgewater ALF 22 2017-0-10 Instrt,ent# 2017-091296 # 23 • Book _ 7395 Page : 2639 EXHIBIT"B" Laura E. Roth CONCEPTUAL PLAN Volusia County, Clerk of Court I - la --• - - \ ir - ---;_.,_____-w It ll 11 , ;lc/943/tIE4 7.:: -- , • ill ,,i' IS \ \ rII I I I I 1101 11 911 I --. 4 GP .... . \\ t 111 iiii _,==._- es 1 42-4-1 r----. __J „.._ t . ...,...... ...\\ , 2 ill I' (((grIC N 0x3 a t \ i r---- —. 1i 75 = '1/4...-_—_. II I Amp) i. 4. 11 L ",p.a. " Ol4r PUI�q 1 ® "t;'.\ 1 r IL J . \ I I , ) III 11 l ___ _____ _ _ L (moi, - V \\ \ \ Q FYr • 1 — _ _ — 1 I s may, Igli � I oi SI BRILLIANCE ASSISTED LIVING—EDGEWATER CONE PTUAL SITE PLAN • f $ XVI.aw..Pm rnm.N... Brilliance Edgewater ALF 23 2017-0-10