2017-O-31 - Liberty Village PUD 10/5/2017 2:06:51 PM
Instru■entt 2017193007 31 pages
Book: 7455 Page: 4324
Electronically Recorded By
Volusia County Clerk of the Court
ORDINANCE NO. 2017-0-31
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR 63± ACRES OF
CERTAIN REAL PROPERTY LOCATED EAST OF SOUTH
GLENCOE ROAD AND SOUTH OF LAKE WATERFORD
ESTATES, 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 on behalf of Liberty Village Development, Inc.,
owner of property located east of South Glencoe Road and south of Lake Waterford Estates,
within Volusia County, Florida. Subject property contains approximately 63± acres.
2. The applicant has submitted an application for a change in zoning classification
from County A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On July 12, 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
land use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
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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 A-3 (Transitional Agriculture)to City RPUD (Residential 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.
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2017-0-31
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 with Second by Councilwoman Vogt. the
vote on the second reading/public hearing of this ordinance held on August 7, 2017 was as
follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power EXCUSED
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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•
After Motion to approve by P yeA.) with
Second by ^yi agx� .ryv , the vote on the second
reading/public hearing of this ordinance held on c ) z , 2017, was as
follows:
AVE NAY
Mayor Mike Ignasiak �►
Councilwoman Christine Power N
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy �—
PASSED AND DULY ADOPTED this day ofCc` 1 J . 2017.
ATTEST:- CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
i
r`nJ By:/ //V/�G. P- '"- Ai -
•1 bin Matnsick• Mike Ignasia
Cipi.clerkIParaltegal 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 thisld day
legality by: Aaron R. Wolfe, Esquire of C.: j .A.) , 2017 under
City Attorney Agenda Item No. 8 (1 .
Doran, Sims,Wolfe&Ciocchetti
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•
EXHIBIT"A"
LEGAL DESCRIPTION
Parcel 1;
The North one-half(1/2)of the Northwest one-quarter(1/4)of the Southwest one-quarter(1/4), lying East
of South Glencoe Road,Section 36, Township 17 South, Range 33 East,Volusia County,Florida.
Parcel 2:
The West six (6) chains of the East twenty-six (26) chains of Lot 2, Section 36, Township 17 South,
Range 33 East,also being described as follows;
Beginning at a point in the South line of Lot 2, Section 36,Township 17 South, Range 33 East, a distance
of 1320 feet due West from the West line of the Ambrose Hull Grant; thence from described point still
along the South line of said lot due West 396 feet;thence due North 1320 feet to the North line of said lot;
thence due East along the same, 396 feet; thence South along land sold recently to Conner, 1320 feet to
the place of beginning.
Parcel 3;
Beginning at the Southeast Corner of Lot 2, Section 36, Township 17 South, Range 33 East; thence
Westerly along the South line of said Lot 2, a distance of 1320 feet; thence North 1320 feet to the North
line of said Lot 2; thence East along the North line of said Lot 2 to the Northeast comer thereof, thence
South 23 degrees East along the East line of said Lot 2 to the Point of Beginning; also known as the
Easterly 32 acres more or less of Lot 21 Section 36,Township 17 South. Range 33 East.
Parcel4;
Lot I, CI-ILTON HOMESTEAD, according to the plat thereof as recorded in Map Book 3, Page 54,
Public Records of Volusia County, Florida.
AND
Commence at the Northeast Corner of U.S. Lot 2, Section 36, Township 17 South, Range 33 East as
shown on the plat of Lake Waterford Estates Unit II as recorded in Map Book 45, Pages 141 and 142 of
the Public Records of Volusia County, Florida; thence South 23 degrees 29'42" East along the East line
of said Section 36, Township 17 South, Range 33 East as shown on said plat of Lake Waterford Estates
Unit II, a distance of 64.64 feet for the Point of Beginning; thence North 58 degrees 03' 37" East, a
distance of 99.14 feet to the West line of Block D, Lovejoy's and Subdivision as recorded in Map Book 8,
Page 125 of the Public Records of Volusia County, Florida as monumented and described in Official
Records Book 5167, Page 0028, Public Records of Volusia County, Florida;thence South 23 degrees 29'
03" East along the aforementioned line, a distance of 12.54 feet; thence continue along said West line of
Block D South 22 degrees 16'09" East; a distance of 844.42 feet;thence continue along said West line of
Block D South 10 degrees 44' 51" East,a distance of 208.42 feet to the South line of said Lovejoy's 2nd
Subdivision,also being the South line of the Middle 1/3 of the AMBROSE HULL GRANT;thence South
69 degrees 13' 39" West along the aforementioned line, a distance of 1.74 feet to the West line of the
AMBROSE HULL GRANT per Boundary Line Agreement dated March 15, 2017; thence North 25
degrees 15'47" West along the aforementioned line,a distance of 1045.91 feet to the Point of Beginning.
Containing 63±acres more or less and being in Volusia County,Florida
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EXHIBIT"B"
PUD AGREEMENT
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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 Recordin: Pu 'oses Onl
RESIDENTIAL PLANNED UNIT DEVELOPMENT AGREEMENT
LIBERTY VILLAGE PUD
THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this
day of C)n-3 , 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"), and LIBERTY VILLAGE
DEVELOPMENT, INC., a Florida corporation, whose address is 201 Lytham Way, Daytona
Beach, FL 32124 (hereinafter referred to as "Owner" 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 63 ± acres located east of South
Glencoe Road in Edgewater, Volusia County, Florida. The legal description of the property is
attached hereto as Exhibit "A" — Legal Description. The record owner of the subject property
is Liberty Village Development, Inc.
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2. DURATION OF AGREEMENT
The duration of this Agreement shall be 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. The Landowner and/or Developer shall commence construction of
infrastructure for Liberty Village, as defined by the Master Conceptual Plan dated May 5, 2017
attached hereto as Exhibit "B" — Conceptual Plan, within 36 months of the effective date of
this Agreement. Liberty Village shall be developed in one phase consisting of a maximum of 40
single-family residential lots. Commencement of construction means to begin performing onsite
modification, fabrication, erection or installation of a treatment facility or a conveyance system
for the discharge of wastes and on-site modification, fabrication, 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. Developer's failure to initiate construction within the time frame identified herein may
result in the City's termination of the Agreement.
3. DEVELOPMENT STANDARDS
Development of this Property is subject to the terms of this Agreement and in accordance
with the City of Edgewater's current Land Development Code (LDC) as of the date of this
Agreement. The Property shall be developed consistent with the Conceptual Plan. Final project
approval may be subject to change based upon final environmental, permitting, and planning
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considerations and/or Federal and State regulatory agencies permit requirements. Use of the
Property will be as follows:
a. Average Lot Size and Unit Count
Liberty Village shall not exceed a total of 40 single-family dwelling units and the lot
dimensions of said units will be a minimum 50 feet in width at the front property line and 115
feet in depth. Based on final subdivision plan approval, the total number of units may vary but
the maximum residential units allowed for Liberty Village shall be limited to 40 single-family
dwelling units with each lot meeting a minimum one (1) acre size requirement. This one (1) acre
minimum size may contain easements to the benefit of the City for stormwater ponds to be
maintained by the homeowner's association(HOA), and wetland and/or wetland buffer area.
b. Building, Impervious Coverage, and Lot Size
Maximum Building Coverage: 30%per lot
Minimum Building Coverage
Lots 1-4 and 36-40: 3,000 square feet(includes living area under
air, but does not include garage area)
Lots 5-35: 2,400 square feet (includes living area under
air,but does not include garage area)
Maximum Impervious Coverage: 60%per lot
Minimum Lot Size
Area: One(1) acre
Width: 50 feet at the front property line
Depth: 115 feet
Maximum Height: 35 feet
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c. Minimum Yard Size and Setbacks
Front: 25 feet
Rear Lot 13: 15 feet
Lots 1-12: 25 Feet
Lots 14-40: 25 feet
Side: 15 feet
Wetlands 25' average
d. Roads and Sidewalks
Roads within Liberty Village shall be provided as shown on the Conceptual Plan and
constructed to City LDC standards, and shall remain private subsequent to final City inspection
and final plat approval. Sidewalks shall not be required as part of the development of Liberty
Village.
e. Stormwater Management
The retention ponds shall meet the requirements for the St. Johns River Water
Management and the City LDC. Said retention ponds will be maintained by a HOA for Liberty
Village with a perpetual right of entry to the City. The on-site 100-year flood elevation shall be
established to the satisfaction of the City. No structures or improvements shall be within 30 feet
of the waterfront of any stormwater ponds unless otherwise permitted by this Agreement.
f. Signage
Signage will be located along the main entrance for Liberty Village, not within the right-
of-way of South Glencoe Road, and shall meet the current City LDC. Said signage will
maintained by a HOA for Liberty Village. A development sign as defined in Article II and
Article VI of the Land Development Code shall be permitted upon submittal of the preliminary
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plat application and until the final plat is recorded or two years, whichever comes first. The sign
shall not exceed 64 square-feet; shall be a maximum of 10-feet in height; and shall have no
greater than five (5) feet of separation between faces.
g. Trees
The minimum protection requirements of the City LDC shall be maintained within
Liberty Village. The City Council has permitted the removal of the historic trees identified on the
Conceptual Plan, in order to promote the reasonable development of Liberty Village.
Landscaping for single family use shall comply with the current LDC. Notwithstanding
the foregoing, the City recognizes that the substantial number of trees being preserved in the
Wetland/Buffer Preservation Area depicted on the Conceptual Plan, therefore, said area may be
utilized for individual lots to meet the minimum tree protection requirements of the City LDC.
No less than a 17 tree per acre average shall be maintained for Liberty Village and a minimum of
four(4) trees shall be maintained for each single-family home building lot. Trees shall be 2-1/2"
in diameter, measured 6" above the soil line and shall be of the variety allowed by the City. Tree
mitigation shall not be required for any trees, not to exceed for four (4) historic trees, removed
for the construction of roads, stormwater management and utility improvements within Liberty
Village.
h. Entrance
One (1) entrance, as shown on the Conceptual Plan, shall be permitted for accessing
Liberty Village from South Glencoe Road. Said entrance shall be a gated entry with access as
long as construction meets the requirements and standards of the City LDC and emergency
access is provided by a "Click to Enter" system or other method as approved by the City's Fire
Chief.
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i. Real Estate Flags
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies property for real estate purposes 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. The number of flags shall not exceed four (4) and shall be permitted on
private/common property and prohibited in right-of-way areas and the site triangle area as
outlined in the City LDC.
j. Model Homes and Temporary Offices
Lots 1, 2, 40 or 39 may be designed for use as potential model homes and/or temporary
sales office lots, however, only two (2) lots may be utilized at any one time. A model home may
be used as a sales office from the time the plat is recorded, or at such time prior to plat recording
with the approval of the City, until such time as the last lot is developed within the subdivision.
Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as a
temporary sales office while a model home is under construction. Such temporary office shall
only be permitted for an interim period not to exceed 120-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:
i. Provision for fire protection, including testing and approval of the water
system by the Florida Department of Environmental Protection (FDEP), if on-
site hydrants are required to service the area where the proposed models will
be constructed.
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ii. Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
iii. Permanent utility connections cannot be made until the sanitary sewer system
has been completed and certified to FDEP. Temporary utilities shall be
permitted until permanent utility connections are provided.
iv. Any sales center shall provide handicap accessible restrooms.
Additional requirements, restrictions and conditions may be imposed by the City to
address specific site or project concerns. A certificate of completion issued as provided in the
Standard Building Code shall be deemed to authorize limited occupancy of model homes.
4. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
The Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and
By-Laws for the home owners association will be recorded in the public records of Volusia
County at the time the final plat for Liberty Village is recorded.
5. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Liberty Village shall be Low Density Transition
with Conservation Overlay and the Zoning classification for Liberty Village shall be RPUD
(Residential Planned Unit Development) as defined in the City LDC. The City of Edgewater's
permitted uses for RPUD (Residential Planned Unit Development) are applicable to the
development of the property and consistent with the adopted City Comprehensive Plan/Future
Land Use Map.
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6. PUBLIC FACILITIES
a. Landowner and/or Developer agrees to connect to and utilize the City's water
distribution system. Landowner and/or Developer agrees to connect to the City's potable water
system at nearest point of connection. All water main distribution system improvements within
Liberty Village will be installed by the Landowner and/or Developer and conveyed to the City
by Bill of Sale in a form acceptable to the City and dedicated to the City, along with easements
to the City for water distribution system lines,prior to or at time of platting.
b. Landowner and/or 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 Landowner and/or Developer and conveyed to the
City by Bill of Sale in a form acceptable to the City and dedicated to the City, along with
easements to the City for wastewater collection and transmission system lines, prior to or at the
time of platting. The City acknowledges that its wastewater transmission and collection system
needs to be expanded along South Glencoe Road in order for such services to be provided to
Liberty Village; therefore, the City has agreed to work with the Landowner by waiving payment
of wastewater impact fees for a maximum of 40 single-family residential units within Liberty
Village.
c. All utility services shall be underground.
d. All other applicable impact fees will be paid at time of building permit
application by the individual builder.
e. 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 the final
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plat related to the development pursuant to a schedule to be agreed to by the Landowner and/or
Developer and City Manager.
f. Reservations fees for water based on 10% percentage deposit will be paid based
on each phase development. All other applicable impact fees including balance of sewer and
water reservation fees will be paid at time of building permit application by the individual
builder. In the event of an increase in impact fees, the difference between the new impact fees
and the deposit will be due with the building permit submittal. Reservation shall not be
guaranteed if not utilized within thirty-six (36) months of the date of receipt of said fees.
g. Impact fees for each dwelling unit will be paid in accordance with the following
schedule at the prevailing rate authorized at the time of payment of impact fees:
i. Water: Paid to City by applicant at the time of Building Permit application.
ii. Sewer: waived by the City for a maximum of 40 single-family residential
units in consideration for Developer and/or Owner constructing wastewater
transmission and collection system improvements along South Glencoe Road
iii. Police, Fire, Recreation and Roads: Paid to City by applicant at the time of
Building Permit application.
iv. 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.
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.
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j. The Landowner and/or Developer, at the time of development shall provide all
public facilities to support this project including the following:
i. Water Distribution System including fire hydrants.
ii. Sewage Collection and Transmission System.
iii. Stormwater collection/treatment system, including outfall system.
iv. Piping for future reclaimed and/or some other irrigation method, such as but
not limited to individual wells, so as potable water is not utilized. Said
alternative irrigation method shall be approved by the City.
v. Provide all required pavement marking and signage (stop signs, road signs,
etc.) within the subdivision for Liberty Village. 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.
vi. Landowner and/or Developer is responsible for costs of recording the plat
upon approval by the City of Edgewater.
vii. Bonds -A Performance Bond or other acceptable financial instrument, such as
a Letter of Credit may be accepted by the City and shall be 110% of the costs
of all remaining required improvements. A Maintenance Bond equal to 10%
of the cost of the infrastructure improvements shall be provided to the city
prior to recording the Final Plat. The Maintenance Bond shall be in effect for
a two (2) year period from the date of completion of the public facilities.
viii. No sidewalks are required as part of development of Liberty Village.
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ix. Recreation facilities are contemplated as part of development of Liberty
Village. A natural walking trail and one (1) dock per stormwater pond, not to
exceed 5 feet in width and 15 feet in length, may be permitted subject to the
approval of St. John Water Management District. Notwithstanding the
foregoing, the City shall not be responsible for the maintenance of the walking
trail and/or docks, however, all construction must meet the requirements of
the City LDC.
7. 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.
8. DEDICATION OF LAND FOR PUBLIC PURPOSES
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 at plat dedication, utility
easements as required.
9. PERMITS REQUIRED
The Landowner and/or 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.
10. DEVELOPMENT REQUIREMENTS
Notwithstanding the development requirements outlined in the City LDC, the following
additional design standards shall apply to Liberty Village:
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a. Garage
All lots shall have a minimum two (2) car garage.
b. Entrance Features
A decorative wall, not to exceed seven (7) feet, with column accents shall be permitted
along the frontage of Liberty Village. An access gate shall be provided at the entrance of the
development. Said wall and gate shall be developed and constructed consistent with the
architectural elevation attached hereto as Exhibit"C"—Entrance Elevation.
The Landowner and/or Developer shall establish Liberty Village HOA, Inc. as the
mandatory HOA for the purpose of maintaining the property and enforcing applicable covenants
and restrictions for Liberty Village. The HOA documents, including applicable Articles of
Incorporation; Covenants and Restrictions; and By-Laws shall be reviewed and approved by the
City prior to final plat approval.
The mandatory HOA will also be responsible for the streetlight requirements that result
from the project, including payment to Utilities Commission City of New Smyrna Beach for
installation, maintenance and power consumption within Liberty Village. Streetlights shall be
installed by the Landowner and/or Developer prior to issuance of the Certificate of Occupancy
on the fifteenth dwelling unit.
Liberty Village HOA shall be responsible, conveyed by easement from the Owner and/or
Developer, for the maintenance and repair of the conservation area, buffer areas, retention ponds
and lakes, including access areas around said ponds and lakes. Said areas are depicted on the
Conceptual Plan and shall be considered easement areas; however, individual lot owners within
Liberty Village shall have the right to use said easement areas for recreation, subject to necessary
maintenance.
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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.
11. 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. The City recognizes that the discharge of firearms is permitted on
residential property to the extent provided in Section 790.15 Florida Statutes(2017), as amended.
The City acknowledges the vested nature of Liberty Village as to the discharge of firearms on
residential property, therefore, the City agrees to not implement and adopt further residential
firearm restrictions and enforcement measures for Liberty Village unless State statute, or a state
agency or governmental body with jurisdiction over the City, otherwise mandates same by the
City. The City also recognizes the agricultural nature of Liberty Village, and therefore, the City
shall, subject to the public nuisance limitations of the City Code of Ordinances,permit the owner
of a lot on which a house has been constructed, to keep small farm animals as long as said
animals are confined on said owner's lot and not immediately visible from the street. The home
owners association shall further define the small farm animals permitted within Liberty Village.
12. 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
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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.
13. 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.
14. 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.
15. 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.
16. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
commencing 12 months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent
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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 Landowner and/or Developer in
writing of Landowner and/or Developer's failure to materially comply with the terms of this
Agreement and Landowner and/or Developer fails to cure such breach after receiving written
notice and a reasonable opportunity to cure such breach from the City.
17. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
18. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
19. 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.
20. 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.
Liberty Village IS
RPUD Agreement 2017-0-31
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
Liberty Village 16
RPUD Agreement 2017-0-31
•
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. .f ►. By: ALL 0-03s./..)d‘
Robin L. Matusick Michael Ignasiak
City Clerk/Paralegal Mayor
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. •0
40,
Liberty Village 17
RPUD Agreement 2017-0-31
OWNER/DEVELOPER
Witnessed by: Liberty Village Development, Inc.
By:
CO"frLf-`1674 "
Darold N. Sc sheck '
Director 55 -)7`t-`f'a 4(09-0
Witnessed by:
A / l ay c L. Evans
AM—_ m;f1 • Director.15 2. 17,A.50. 4-0
STATE OF FLORIDA
COUNTY OF VOLUSIA
e foregoing instrument was acknowledged before me on this it/ day of
A , 2017, by Darold N. Schonsheck and David L. Ev s, as Directors of Liberty
Vil age Development, Inc., who are [i personally known to me or [t1 have produced
FIon'ch briow as identification and who did(did no )take • • oath.
otary Public
GAIL M.BOUDREAU Stamp/Seal
'�►w.� Public-State ofporida
`\ Notary
•
�, • Commission 1 GG 090558
n`�• ••i My Comm.Exerts 1u131.1021
' aa�•'
=ft
y 61IrotW
Liberty Village 18
RPUD Agreement 2017-0-31
EXHIBIT A
LEGAL DESCRIPTION
Parcel 1;
The North one-half(1/2)of the Northwest one-quarter(1/4)of the Southwest one-quarter(1/4), lying East
of South Glencoe Road, Section 36, Township 17 South,Range 33 East,Volusia County,Florida.
Parcel 2:
The West six (6) chains of the East twenty-six (26) chains of Lot 2, Section 36, Township 17 South,
Range 33 East,also being described as follows;
Beginning at a point in the South line of Lot 2, Section 36,Township 17 South, Range 33 East,a distance
of 1320 feet due West from the West line of the Ambrose Hull Grant; thence from described point still
along the South line of said lot due West 396 feet;thence due North 1320 feet to the North line of said lot;
thence due East along the same, 396 feet; thence South along land sold recently to Conner, 1320 feet to
the place of beginning.
Parcel 3;
Beginning at the Southeast Comer of Lot 2, Section 36, Township 17 South, Range 33 East; thence
Westerly along the South line of said Lot 2, a distance of 1320 feet; thence North 1320 feet to the North
line of said Lot 2; thence East along the North line of said Lot 2 to the Northeast comer thereof, thence
South 23 degrees East along the East line of said Lot 2 to the Point of Beginning; also known as the
Easterly 32 acres more or less of Lot 21 Section 36,Township 17 South. Range 33 East.
Parcel4;
Lot 1, CHILTON HOMESTEAD, according to the plat thereof as recorded in Map Book 3, Page 54,
Public Records of Volusia County,Florida.
AND
Commence at the Northeast Corner of U.S. Lot 2, Section 36, Township 17 South, Range 33 East as
shown on the plat of Lake Waterford Estates Unit II as recorded in Map Book 45, Pages 141 and 142 of
the Public Records of Volusia County, Florida; thence South 23 degrees 29'42" East along the East line
of said Section 36, Township 17 South, Range 33 East as shown on said plat of Lake Waterford Estates
Unit II, a distance of 64.64 feet for the Point of Beginning; thence North 58 degrees 03' 37" East, a
distance of 99.14 feet to the West line of Block D, Lovejoy's and Subdivision as recorded in Map Book 8,
Page 125 of the Public Records of Volusia County, Florida as monumented and described in Official
Records Book 5167, Page 0028, Public Records of Volusia County, Florida; thence South 23 degrees 29'
03" East along the aforementioned line, a distance of 12.54 feet; thence continue along said West line of
Block D South 22 degrees 16'09" East;a distance of 844.42 feet;thence continue along said West line of
Block D South 10 degrees 44' 51" East,a distance of 208.42 feet to the South line of said Lovejoy's 2nd
Subdivision,also being the South line of the Middle 1/3 of the AMBROSE HULL GRANT; thence South
69 degrees 13' 39" West along the aforementioned line, a distance of 1.74 feet to the West line of the
AMBROSE HULL GRANT per Boundary Line Agreement dated March 15, 2017; thence North 25
degrees 15'47"West along the aforementioned line,a distance of 1045.91 feet to the Point of Beginning.
Containing 63±acres more or less and being in Volusia County,Florida
Liberty Village 19
RPUD Agreement 2017-0-31
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