2016-O-52 - Volaco PUD 9/26/2017 9:13:16 AM
Instrument# 2017185296 22 pages
Book: 7451 Page: 876
Electronically Recorded By
Volusia County Clerk of the Court
ORDINANCE NO. 2016-0-52
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY FR (FORESTRY
RESOURCE) AND RC (RESOURCE CORRIDOR) TO CITY
MUPUD (MIXED USE PLANNED UNIT DEVELOPMENT)
FOR 670.276± ACRES OF CERTAIN REAL PROPERTY
LOCATED WEST OF I-95 AND SOUTH OF THE INDIAN
RIVER BOULEVARD EXTENSION AND THE DEERING
PARK PROPERTY, 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. Glenn D. Storch, is the applicant for property located West of I-95 and South of
the Indian River Boulevard Extension and the Deering Park Property, within Volusia County,
Florida. Subject property contains approximately 670.276± acres.
2. The applicant has submitted an application for a change in zoning classification
from County FR (Forestry Resource) and RC (Resource Corridor) to City MUPUD (Mixed Use
Planned Unit Development)for the property described herein.
3. On December 14, 2016 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
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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 property described in Exhibit "A" is hereby changed
from County FR (Forestry Resource) and RC (Resource Corridor) to City MUPUD (Mixed Use
Planned Unit Development) pursuant to the associated Planned Unit Development (PUD)
Agreement(attached and hereto incorporated as Exhibit"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
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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 a Motion to approve by Councilwoman Power, with Second by Councilman Blazi,
the vote on the first reading of this ordinance held on January 9,2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
This ordinance was scheduled for second reading/public hearing on September 11, 2017
however, due to Hurricane Irma the Council Meeting was re-scheduled to September 18, 2017 with
the appropriate legal advertisement done for notice.
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2016-0-52-Storch Volaco-RZ
After Motion to approve byJ � ::(--x` with Second
by �����c�cx - 1E)4 , the vote on the second
reading/public hearing of this ordinance held on September 18, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy N
PASSED AND DULY ADOPTED this 18th day of September, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORID
rV - By:4,&d4/ 0,•"4<1,011/4—
Robin L.Matusick Mike Ignasiak
City Clerk/Paralegal 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 18th day
legality by: Aaron R. Wolfe,Esquire of September, 2017 under Agenda Item
City Attorney No. 8 Ga, •
Doran, Sims,Wolfe&Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
A PART OF SECTIONS 17 AND 20, TOWNSHIP 18 SOUTH,RANGE 34 EAST, VOLUSIA
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID SECTION 17, RUN S.00°19'17" W, ALONG
THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1404.44 FEET TO THE POINT
OF BEGINNING; THENCE DEPARTING SAID WEST LINE. RUN N.79°26'18"E., A
DISTANCE OF 2782.81 FEET TO THE WEST RIGHT OF WAY LINE OF INTERSTATE
NO. 95 (STATE ROAD NO. 9), A 350 FOOT RIGHT OF WAY; THENCE RUN ALONG
SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES;
S.22°11'56"E., A DISTANCE OF 2796.77 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT. HAVING A RADIUS OF 8417.78 FEET, A CENTIRAL ANGLE
OF 07"1 1'03", A CHORD BEARING OF S.18°36'24"E., AND A CHORD DISTANCE OF
1054.77 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 1055.46 FEET TO THE POINT OF TANGENCY; THENCE S.15°00'53"E., A
DISTANCE OF 3633.91 FEET TO THE NORTH LINE OF THE CHARLES SIBBALD
GRANT, SECTION 47. TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, ALSO BEING THE NORTH LINE OF THE ASSESSOR'S SUBDIVISION OF
THE CHARLES SIBBALD GRANT, RECORDED IN MAP BOOK 3, PAGE 151 , OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPARTING SAID
WEST RIGHT OF WAY LINE, RUN S.79°00'40"W., ALONG THE NORTH LINE OF SAID
CHARLES SIBBALD GRANT, AND SAID ASSESSOR'S SUBDIVISION OF THE
CHARLES SIBBALD GRANT, A DISTANCE OF 1808.41 FEET; THENCE DEPARTING
SAID NORTH LINE, RUN S.89°29'08"W., PARALLEL TO THE NORTH LINE OF SAID
SECTION 20, A DISTANCE OF 3245.10 FEET TO THE WEST LINE OF SAID SECTION 20;
THENCE N.00°17'16"W.. ALONG SAID WEST LINE, A DISTANCE OF 3067.20 FEET TO
THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.00°54'04"W., ALONG
THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2650.1 7 FEET; THENCE
N.00°19'17" E. , ALONG SAID WEST LINE, A DISTANCE OF 1245.74 FEET TO THE
POINT OF BEGINNING.
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EXHIBIT "B"
PUD AGREEMENT
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THIS INSTRUMENT PREPARED BY:
Glenn D. Storch,Esquire
STORCH LAW FIRM
420 South Nova Road
Daytona Beach FL 32114
AFTER RECORDING RETURN TO:
Robin L. Matusick,City Clerk
CITY OF EDGEWATER
P.O.Box 100
Edgewater FL 32132-0100
For Recording Purposes Only
MIXED-USE PLANNED UNIT DEVELOPMENT AGREEMENT
VOLACO PROPERTY MUPUD
THIS AGREEMENT is made and entered into this day of , 20
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, VOLACO, INC., a Florida corporation, whose address is P.O. Box
457, DeLand, Florida 32721 (herein after referred to as "Landowner and/or Developer"). The
purpose of this Agreement is to define the terms and conditions granting the development
approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration,the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 670.276± acres west of Interstate 95
and south of the Indian River Boulevard extension, in Volusia County, Florida. The legal
description of the property is attached hereto as Exhibit "A" — Legal Description and Exhibit
"B"—Location Map. The record owner of the subject property is Volaco, Inc.
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2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land.
3. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for the Property is Mixed Use and Mixed Use with
Conservation Overlay. The zoning designation for the Property shall be MUPUD (Mixed Use
Planned Unit Development)as defined in the City Land Development Code (LDC), as amended.
The City of Edgewater's permitted uses for MUPUD are applicable to the development of the
Property and consistent with the adopted Comprehensive Plan Future Land Use Map and LDC.
Notwithstanding the foregoing, prior to the amendment of this Agreement to permit the first
phase of development on the Property, as provided herein below, Landowner and/or Developer
shall be permitted to use the Property for all agricultural pursuits in the same manner as if the
Property retained the County's "Forestry Resource" Comprehensive Plan and Zoning
designations as they existed prior to annexation into the City of Edgewater. Use of the Property
for agricultural pursuits shall be permitted to continue on those portions of the Property not
designated for development via amendment to this Agreement for so long as said portions remain
undeveloped.
4. DEVELOPMENT STANDARDS
Based on the Comprehensive Plan Amendment adopted by Ordinance No. 2016-0-51, the
following special limitations shall apply:
1. Development trips from the property must be limited to no more than 310 trips per day,
which correlates to the existing Volusia County comprehensive plan impacts. Any project
or projects proposed that exceed this initial vested amount, shall require a traffic impact
analysis and determination of capacity prior to approval of any PUD zoning amendment
to allow such use.
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2. The preservation and protection of wetlands shall be consistent with the standards
established for the Environmental Systems Corridor in the Volusia County
Comprehensive Plan. Any project proposed shall demonstrate that the project is
consistent with such standards and the City shall issue a finding of consistency with such
standards as part of any PUD zoning amendment to allow such use.
3. Transportation systems shall be coordinated with surrounding developments. Any project
proposed shall demonstrate that the project is consistent with such standards as part of
any PUD zoning amendment to allow such use.
4. School concurrency shall be coordinated with Volusia County School Board. Any project
proposed shall demonstrate that the project is consistent with such standards as part of
any PUD zoning amendment to allow such use.
The City acknowledges that this project may be developed in phases to ensure sound,
long-range planning and development of the Property. Prior to any development on the Property,
Landowner and/or Developer will be required to amend this Agreement for each phase of
development in order to provide a plan for the phase and any limitations thereto, as well as to
ensure compliance with the City's Comprehensive Plan and Land Development Code (LDC).
This amendment shall include the proposed street and lot layout, preparation of a traffic impact
analysis, and concurrency certifications for the phase to be developed pursuant to said
amendment. Each phase of development must also incorporate a site plan which must be
approved by City Council prior to commencement of any authorized work. Final approval of
any development plan shall include,but not be limited to, a review of utilities, stormwater, traffic
and road infrastructure, school concurrency, fire rescue, hydrants, law enforcement,
environmental, solid waste containment and planning elements. Each Phase may have a
different Developer that will comply with the terms and conditions within. Final project
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approval may be subject to change based upon final environmental, permitting, and planning
considerations and/or Federal and State regulatory agencies permit requirements.
5. PUBLIC FACILITIES
Prior to development of any phase of development, as provided in the future through
amendment to this Agreement, Landowner and/or Developer agrees as follows:
A. Landowner and/or Developer shall connect to and utilize the City's water distribution
system for each phase. Landowner and/or 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 phase as determined by the City. All water main distribution system improvements
installed by the Landowner and/or Developer shall be conveyed and dedicated to the City;
B. Landowner and/or Developer shall connect to and utilize the City's wastewater
transmission and collection system for each phase. All wastewater collection and transmission
system improvements installed by the Landowner and/or Developer shall be conveyed and
dedicated to the City;
C. The City has determined that reclaimed water shall be available in the near future;
therefore, the Landowner and/or Developer shall install piping in each phase for future reclaimed
water service. Until reclaimed water is available to the site, the Landowner and/or Developer
may use the piping for irrigation purposes.
D. Landowner and/or Developer shall provide on and off-site current and future utility
and drainage easements for each phase for drainage and utility service consistent with this
provision.
E. All utility services will be underground.
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F. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
G. A concurrency review shall be conducted prior to development approval of any phase
to ensure that all required public facilities are available concurrent with the impacts of the
development. Landowner and/or 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.
H. Landowner and/or 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 any final
plat related to the development pursuant to a schedule to be agreed to by the Landowner and/or
Developer and City Manager.
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 LDC and is compliant with all concurrency requirements set forth in
said documents.
7. DEDICATION OF LAND FOR PUBLIC USE
The Landowner and/or 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.
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8. PERMITS REQUIRED
The Landowner and/or 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, Final Site Plan approval, all applicable clearing, removal, construction
and building permits.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Landowner and/or 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.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Landowner and/or 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.
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11. APPEAL
If the Landowner and/or Developer is aggrieved by any City official interpreting the terms
of this Agreement, the Landowner and/or 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 Landowner and/or 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 Landowner and/or
Developer.
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15. PERFORMANCE REVIEW
If the City finds on the basis of 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 for the lawful performance of the duties and
obligations contained in this 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 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.
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20. SPECIFIC PERFORMANCE
Both the City and the Landowner and/or 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 Landowner and/or Developer of issues, which give rise to an action for
specific performance, and the Land Owner 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 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.
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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.
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
r ?\ By:
Robin L. Matusick Michael Ignasiak
City Clerk/Paralegal Mayor
I
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VOLACO,INC.,a Florida corporation
Witnessed by:
OL14'1W-Xfit-41 .1d/ 4 I 0 I I I I 0...... -•
Frank A. Ford, as President
524-24-c- ...... /64--6 -
STATE OF Flo n det
COUNTY OF VO IQ�,1 CL
The foregoing instrument was acknowledged before me on this I day of I, . ,
20117, by Frank A. Ford, as President of VOLACO, INC., a Florida corporation, and who is
personally known to me or has produced as identification and
who did not take an oath.
, l''., suet.DOW!JNO
MY COMMISSION i FF 2319622141,6b''*: • EXPIRES:May 18,2019 ff
4,;;0' Bonded Thai Nagy Pubic urbawrioe43 Notary Public
Stamp/Seal
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EXHIBIT"A"
LEGAL DESCRIPTION
A PART OF SECTIONS 17 AND 20,TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA
COUNTY,FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID SECTION 17, RUN S.00°19'17" W, ALONG
THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1404.44 FEET TO THE POINT
OF BEGINNING; THENCE DEPARTING SAID WEST LINE, RUN N.79°26'18"E., A
DISTANCE OF 2782.81 FEET TO THE WEST RIGHT OF WAY LINE OF INTERSTATE
NO. 95 (STATE ROAD NO. 9), A 350 FOOT RIGHT OF WAY; THENCE RUN ALONG
SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES;
S.22°11'56"E., A DISTANCE OF 2796.77 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 8417.78 FEET, A CENTIRAL ANGLE
OF 07"1 1'03", A CHORD BEARING OF S.18°36'24"E., AND A CHORD DISTANCE OF
1054.77 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 1055.46 FEET TO THE POINT OF TANGENCY; THENCE S.15°00'53"E., A
DISTANCE OF 3633.91 FEET TO THE NORTH LINE OF THE CHARLES SIBBALD
GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, ALSO BEING THE NORTH LINE OF THE ASSESSOR'S SUBDIVISION OF
THE CHARLES SIBBALD GRANT, RECORDED IN MAP BOOK 3, PAGE 151 , OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPARTING SAID
WEST RIGHT OF WAY LINE, RUN S.79°00'40"W., ALONG THE NORTH LINE OF SAID
CHARLES SIBBALD GRANT, AND SAID ASSESSOR'S SUBDIVISION OF THE
CHARLES SIBBALD GRANT, A DISTANCE OF 1808.41 FEET; THENCE DEPARTING
SAID NORTH LINE, RUN S.89°29'08"W., PARALLEL TO THE NORTH LINE OF SAID
SECTION 20, A DISTANCE OF 3245.10 FEET TO THE WEST LINE OF SAID SECTION 20;
THENCE N.00°17'16"W., ALONG SAID WEST LINE, A DISTANCE OF 3067.20 FEET TO
THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.00°54'04"W., ALONG
THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2650.1 7 FEET; THENCE
N.00°19'17" E. , ALONG SAID WEST LINE, A DISTANCE OF 1245.74 FEET TO THE
POINT OF BEGINNING.
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EXHIBIT "B"
LOCATION MAP
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