2004-O-33
03/29/2005 10:13 AM
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ORDINANCE NO. 2004-0-33
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICUL TURE) AND RC (RESOURCE CORRIDOR) TO
RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT)
FOR PROPERTY LOCATED SOUTH AND EAST OF OLD
MISSION ROAD, NORTH OF THE FLORIDA EAST COAST
("FEC") RAILROAD AND EAST OF MISSION OAKS
MOBILE HOME CONDO, EDGEW A TER, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
OAK LEAF PRESERVE SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER;
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. Oak Leaf Preserve, Inc., has submitted an application on behalf of Fort MacCaulay
Development Consultants, Inc. for a change in zoning classification for property currently owned
by Massey Enterprises (said property being under contract). Forte MacCaulay Development
Consultants, Inc., is the agent of record and contract purchaser for the subject property. P. Michael
Evans is the authorized agent on behalf of Oak Leaf Preserve, Inc.
2. Glenn Storch of Storch and Morris, P.A. has submitted the application requesting the
change in zoning on behalf of Oak Leaf Preserve, Inc., for a change in zoning classification from
County A-3 (Transitional Agriculture) and RC (Resource Corridor) to RPUD (Residential Planned
Unit Development).
3. On October 13, 2004, the Local Planning Agency (Planning and Zoning Board)
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2004-0-33
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considered the application for change in zoning classification and by a vote of 6-0, the Board
recommended that City Council consider approval of the request.
4. On October 18,2004, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
October 6, 2004.
5. On March 7, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 24,2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
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2004-0-33
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PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-3 (Transitional Agriculture) and RC (Resource Corridor) to RPUD (Residential Planned Unit
Development) pursuant to the associated Planned Unit Development (PUD) Agreement for Oak Leaf
Preserve Subdivision (attached hereto and incorporated as Exhibit "B"):
The following described real property all lying and being in the County of V olusia
and State of Florida.
Phase I -
Parcel A -
A portion of lands described in O.R. Book 2300, Pages 1740 - 1748 together with
lands described in O. R. Book 3012, Page 0445 and O. R. Book 2510, Page 1873,
inclusive in the Public Records of V olusia County, Florida, said lands being a portion
of Lots 11, 12 and 13, Map of the South Third of Ambrose Hull Grant, according to
the plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134,
and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive in the Public
Records of Vol usia County, Florida, lying in Section 53, Township 17 South, Range
34 East and Section 36, Township 17 South, Range 33 East, of said V olusia County,
being more particularly described as follows:
Commence at the Northeast corner of said Lot 12, said point also being the Southeast
corner of Mission Oaks Condominium, according to the plat thereof as recorded in
Plat Book 38, Pages 181 - 184, ofthe said Public Records of V olusia County; thence
South 690 07' 59" West along the North line of said Lot 12 and the South line of said
Mission Oaks, a distance of 1,195.01 feet to the West line of the East 1,195 feet of
said Lot 12, said point being the POINT OF BEGINNING; thence South 210 02' 59"
East along the said West line of the East 1,195 feet, a distance of 1,224.26 feet to a
point lying 1,250 feet (by perpendicular measurement) from the North Right-of- Way
line of Massey Road ( a 50 foot wide County Road Right-of- Way lying North of and
adjacent to the Florida East Coast Rail Road Right-of-Way); thence South 67053'
13" West parallel to said Massey Road, a distance of 545.09 feet to the West line of
the East 1,740 feet of said Lots 12 and 13; thence South 21002' 59" East along said
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West line of the East 1,740 feet of said Lots 12 and 13, a distance of250.04 feet to
a point lying 1,000 feet (by perpendicular measurement) from the said North Right-
of-Way line of Massey Road; thence North 67053' 13" East parallel to said Massey
Road, a distance of817.64 feet to the West line of the East 922.5 feet of said Lot 13;
thence South 21002' 59" East along said West line of the East 922.5 feet of said Lot
13, a distance of 1,000.17 feet to the said North Right-of-Way line of Massey Road;
thence South 670 53' 13" West along said North Right-of-Way line, a distance of
2,546.83 feet to the Southeast corner (as presently monumented and occupied) of
lands described in O. R. Book 1871, Page 1900, of the said Public Records of
Volusia County; thence North 090 59' 35" West along the East line (as presently
monumented and occupied) of said O. R. Book 1871, Page 1900, a distance of
295.75 feet; thence North 18029' 09" West along the said East line (as presently
monumented and occupied) of said O. R. Book 1871, Page 1900, a distance of99.60
feet to the Northeast corner of said O. R. Book 1871, Page 1900 and the Southeast
corner oflands described in O. R. Book 3944, Page 4176, of the said Public Records
of Vol usia County (as presently monumented and occupied); thence North 23039'
17" West along the East line of said O. R. Book 3944, page 4176 (as presently
monumented and occupied), a distance of 411. 74 feet to the Northeast corner of said
O. R. Book 3944, Page 4176 (as presently monumented and occupied); thence North
120 37' 56" West along the Southerly extension of the East line (as presently
monumented and occupied) oflands described in O. R. Book 4556, Page 2163, of the
said Public Records of V olusia County, a distance of 622.05 feet to the Northeast
corner (as presently monumented and occupied) of said O. R. Book 4556, Page 2163
said point also being the Southeast corner (as presently monumented and occupied)
of lands described in O. R. Book 2908, Page 0549, of the said Public Records of
V olusia County; thence run along the East line (as presently monumented and
occupied) of said O. R. Book 2908, Page 0549 for the following four calls:
North 100 04' 20" East, a distance of 121.37 feet; thence North 060 0 I' 02" East, a
distance of 147.71 feet; thence North 040 04' 43" East, a distance of 108.48 feet;
thence North 090 41' 55" West, a distance of 14.86 feet to the Northeast corner of
said O. R. Book 2908, Page 0549; thence South 580 09' 00" West along the North
line and it's Westerly extension of said O. R. Book 2908, Page 0549, a distance of
639041 feet to the proposed East Right -of- Way line of Old Mission Road (as shown
on Volusia County Right-of-Way Map Project #4338); and North 13023' 09" West
along the said proposed East Right-of-Way line, a distance of 295.77 feet to a point
on the Westerly extension of the South line oflands described in O. R. Book 3257,
Page 0922, of the said Public Records of Vol usia County; thence North 610 10' 44"
East along said Westerly extension and the South line (as presently monumented and
occupied) of said O. R. Book 3257, Page 0922, a distance of 642.28 feet to the
Southeast corner (as presently monumented and occupied) of said O. R. Book 3257,
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Page 0922; thence North 130 28' 46" West along the East line (as presently
monumented and occupied) of said O. R. Book 3257, Page 0922, a distance of
502.14 feet to a point on the said South line of said Mission Oaks and the North line
of said Lot 12; thence North 690 07' 59" East along said South and North line, a
distance of 1,847.56 feet to the POINT OF BEGINNING.
Containing 127.099 ::!: acres, more or less.
Phase I - Parcel B - Is the Road Right-of- W ay containing 4.078 ::!: acres more or less
that is NOT included in the annexation.
Phase 2 -
Lands described in O. R. Book 2319, Page 1957, of the Public Records of Vol usia
County, Florida. Less and Except: Mission Oaks, Phase One and Three B, according
to the Declaration of Condominium, as recorded in O. R. Book 2417, Page 1341, of
the said Public Records of V olusia County. Said lands also being described as
Phases Two and Three A, Mission Oaks, according to the Condominium Book 33,
Pages 131 - 134, of the said Public Records of Vol usia County, Florida, being more
particularly described as follows:
Beginning at the Southeast corner of said Mission Oaks, said point also being the
Northeast corner of Lot 12, Map of the South Third of Ambrose Hull Grant,
according to the Plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book
16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive
of the said Public Records of Volusia County, said point being the POINT OF
BEGINNING; thence South 69007' 59" West along the North line of said Lot 12, a
distance of2,053 .60 feet; thence run along the East line of Phase One of said Mission
Oaks for the following five calls:
North 200 52' 01" West, a distance of 420.00 feet; thence North 69007' 59" East, a
distance of 220.00 feet; thence North 200 52' 01" West, a distance of 330.00 feet;
thence South 69007' 59" West, a distance of220.00 feet; thence North 200 52' 01"
West, a distance of270.73 feet; thence North 690 11' 24" East along the North line
of said Mission Oaks, a distance of 2,050.60 feet to the East line of said Mission
Oaks; thence South 210 02' 09" East along the East line of said Mission Oaks, a
distance of 1,018.70 feet to the POINT OF BEGINNING.
Containing 46.372::!: acres more or less.
Map of subject properties are reflected on Exhibit "A" and incorporated herein.
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PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner 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.
AUTHORIZATION.
City Council hereby authorizes the Mayor to execute the associated Planned Unit
Development (PUD) Agreement for Oak Leaf Preserve Subdivision (attached hereto and
incorporated herein as Exhibit "B").
PART D.
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 E.
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 F.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
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PART G.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTH.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held October 18,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
Councilman Dennis A. Vincenzi ABSENT
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Lichterand Second by Councilman Brown , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes ABSENT
Councilwoman Judy Lichter x
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2004-0-33
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Instrument# 2005-075957 18
Book_ 5516
Page: 1774
PASSED AND DULY ADOPTED this 7th day of March, 2005.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2004-0-33
CITY COUNCIL OF THE
CITY F EDGEWATER, FLORIDA
By.
Donald A. Schmidt
Mayor
a2LM /1MC77Lt1v r a -
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
March, 2005 under Agenda Item No.
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Diane M. Hatou~ek d
Volusia County, Clerk of Court
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03/29/2005 10:13 AM
Instrusentil 2005-075958 q 1
Book= 551E
Page: 1776
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
I I I North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100 For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
OAK LEAF PRESERVE SUBDIVISION
THIS AGREEMENT is made and entered into this , i L , day of
2005 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation,
whose mailing address is R O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132,
(hereinafter referred to as "City") and OAK LEAF PRESERVE, INC., a Florida Corporation,
with P. Michael Evans as the authorized agent whose address is 1682 W. Hibiscus Boulevard,
Melbourne, Florida 32901 (hereinafter referred to as "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 173.471 ± acres located east of Old
Mission Road, north of the Florida East Coast ("FEC") Railroad, south and east of Mission Oaks
(Agreement/Zoning - Oak Leaf Preserve)
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Mobile Home Condo, within 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 Oak Leaf Preserve, Inc., with P. Michael Evans as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Oak Leaf Preserve, as defined by the Master Plan, dated March
7, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals for this
project or within eighteen (18) months of the effective date of this Agreement, whichever is
greater. Developer's failure to initiate construction within the time frame identified herein may
result in the City's termination of the Agreement. The City, at its sole option, may extend the
duration of this Agreement. This development must be consistent with the Master Plan and
which must be approved by City Council prior to commencement of any authorized work. Final
approval of the Subdivision Plans by City staff shall include, but not be limited to utilities,
stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement, sidewalks,
environmental, solid waste containment, and planning elements, including landscaping, signage
and pavement marking.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this
Agreement and in accordance with the City of Edgewater's current Land Development Code.
The Developer further agrees that all development will be consistent with the Oak Leaf Preserve
Master Plan dated March 7, 2005 (Exhibit "B"). Oak Leaf Preserve shall be developed
consistent with the City's development procedures. Final project approval may be subject to
(Agreement/Zoning - Oak Leaf Preserve)
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change based upon final environmental, permitting, and planning considerations. Use of the
property will be as follows:
A. Average Lot SizelUnit Count
Oak Leaf Preserve shall not exceed a total of 450 dwelling units. Based on the
Preliminary Plat approval, the total number of units may vary but the maximum residential units
allowed for the Oak Leaf Preserve Subdivision shall not exceed three (3) dwelling units per
gross acreage or a maximum of 450 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of seventy-five percent (75 %).
Lot Dimensions:
Density per PUD (not to exceed 450 units):
Less than 75' x 120'
(but no less than 50' frontage)
200 - 250 units
Equal to or greater than 75' x 120'
200 - 250 units
B. Minimum Single Family House Square Footage
The minimum house square footage for 400 residential units shall consist of not less than
1,300 square feet living area and no more than 50 residential units shall consist of no less
than 1 ,200 square feet or more living area. Each single family residence will have a minimum of
a two (2) car enclosed garage. No carports shall be allowed.
C. Minimum Yard Size and Setbacks:
Less than 75' Lots
Equal to or greater than 75' Lots
Front - 25'
Same
Front - 20' (if approved by Planning Director
for purposes of saving trees)
Same
(Agreement/Zoning - Oak Leaf Preserve)
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Rear - 20'
Same
Side - 5'
Side - 7.5'
Side Comer - 15'
Same
Maximum Height - 35'
Same
Utility Easements - 10' front,S' sides
Same
Wetlands - 25' average
Same
Swimming Pools - Rear - 7.5' to pool deck edge
and enclosures
Same
Side - 5'
Same
D. Roads
There shall be one (1) access road entrance permitted from Old Mission Road to service
the gated subdivision with a minimum right-of-way width of fifty feet (50').
A north bound right-turn lane shall be constructed along Old Mission Road which shall
meet all minimum FDOT and/or V olusia County specifications. A south bound left turn lane
providing a minimum of three hundred eighty two feet (382') of storage shall be required along
Old Mission Road.
An access road entrance will be permitted into the development from Park A venue to
service as access to the gated subdivision from Park Avenue with a minimum right-of-way of
sixty (60) feet for any portion located within the public right-of-way, including a ten foot (10')
public utility easement along the east or west side of the road. Once permitted, Developer shall
improve the access road in compliance with the City of Edgewater Land Development Code
along with all other applicable codes and regulations.
(Agreement/Zoning - Oak Leaf Preserve)
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An emergency access road is permitted from the northern terminus of Gateway Drive to
Oak Leaf Preserve. However, this access will be gated and only used in emergency situations;
and will be considered private and maintained by the Homeowners Association ("HOA").
All private roadways within the development shall have a minimum right-of-way width
of at least fifty (50') feet.
Due to the subdivision being a gated community, all interior roads shall be maintained by
the HOA.
E. Retention Pond(s)
The Retention Pond(s) will meet the requirements of the St. Johns River Water
Management District and the City's Land Development Code. The pond(s) are approximately
twenty-five (25) acres and will be owned and maintained by the HOA. Developer is required to
provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an
off-site drainage easement if necessary.
F. Signage
All subdivision signage will be located within common areas along the main entrance
road (not within public right-of-way) to the subdivision and must meet all requirements of the
Land Development Code. A written easement dedicated to the HOA must be recorded for the
location of the sign. Developer shall dedicate all sign locations to the HOA. However,
specifically pertaining to the signage on Park Avenue, the City shall grant Developer an
easement for signage which shall be designed in compliance with the City of Edgewater Land
Development Code and located in the area indicated on the attached Exhibit "C"-Sketch of
Park Avenue Signage Area, attached hereto and incorporated herein by reference.
(Agreement/Zoning - Oak Leaf Preserve)
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G. Trees
There shall be a minimum of four (4) trees per each single family home building lot.
Trees shall be 2 W' in diameter, measured 6" above the soil line and shall be of a variety listed in
Exhibit "D" - Trees. A tree survey shall be provided prior to construction plan approval. Each
lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree
survey shall be to determine the number of specimen and historic trees and to determine the tree
mitigation requirements.
Statistical tree survey information may be considered at the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites contained an overstory
consisting predominantly of trees uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Irrigation
Common areas and the entrance medians will be irrigated by wells or from a surface
water system upon proper permitting and approval. Shallow wells will be the recommended
source of irrigation for individual residential units. All irrigation must comply with all V olusia
County Waterwise Landscaping and Irrigation Standards.
1. Environmental Constraints
A majority of the property contains the Conservation Overlay Future Land Use
(Agreement/Zoning - Oak Leaf Preserve)
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Designation and a portion of the Property contains a Conservation Future Land Use. Any
potential development within these areas must comply and be consistent with the Conservation
Overlay Standards and/or Conservation Standards, as applicable, and approved by all applicable
local, county, state and federal agencies.
Furthermore, any development of the property shall comply with all recommendations
contained in all Environmental Constraints Summary Report(s) as prepared by Biological
Research Associates dated May 2004 and/or any future environmental reports as approved by
federal and state agencies.
J. Air Conditioning Units
All lots less than sixty feet (60') in width shall have air conditioning units and pads
located adjacent to the neighboring garage or located behind each house/dwelling unit.
K. Entrance to Subdivision
Due to the limited existing right-of-way in the vicinity of the proposed subdivision, there
shall be two (2) entrances: one connected to Old Mission Road and one connected to Park
A venue.
L. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation,
and By-Laws for the Homeowners Association will be recorded in the public records of Vol usia
County at the time the final plat for Oak Leaf Preserve is recorded.
M. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten (10') feet, being five (5) feet on each side of the lot lines for the
(Agreement/Zoning - Oak Leaf Preserve)
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benefit of the adjoining lots in the event that access to the rear of the lot is required and the
individual lot owners side yard width is not adequate to accommodate the access. Easements for
public utilities shall be dedicated to the City and any other public utility provider.
N. Landscaping and irrigation plans must be submitted with final construction plans.
O. Model Homes and/or Temporary Construction/Sales Offices
At no time shall the number of model homes exceed a maximum often (10) single family
dwellings. Temporary construction/sales offices will not exceed a maximum of one per builder
for a total of two (2).
1. Model homes are permitted upon compliance of the following
requirements/conditions:
(a) A building permit shall be approved and issued by the City
Building Department;
(b) Adequate parking shall be provided;
(c) No permanent utility connections shall be allowed until said
utilities are completed and approved by all applicable regulatory
agenCIes;
(d) A certificate of occupancy shall not be issued until final approval
of said utilities and permanent utility connections are complete;
(e) Adequate fire protection shall be provided;
(f) Adequate access to any model home must be provided prior to the
issuance of a building permit; and
(g) Model homes may serve as a sales office until the final certificate
of occupancy is issued on the last available lot.
2. Temporary Construction/Sales Offices are permitted upon compliance of
the following requirements/conditions:
(a) Building permits are approved and issued by the City Building
Department;
(b) Temporary offices shall be removed within thirty (30) days after
completion of the first model home per builder; and
(c) Access to the temporary office, location and parking must be
(Agreement/Zoning - Oak Leaf Preserve)
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approved by City staff prior to the issuance of a building permit.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Land Use designation for Oak Leaf Preserve is Low Density Residential with
Conservation Overlay and Conservation. The zoning designation for Oak Leaf Preserve shall be
RPUD (Residential Planned Unit Development) as defined in the City Land Development Code.
The City of Edgewater's permitted uses for RPUD are applicable to the development of the
property and consistent with the adopted Land Development Code and City's Comprehensive
Plan.
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 system at the nearest point of connection with
a minimum of twelve inch (12") PVC water main to the nearest entrance of the subdivision. In
the event the City requires the installation of oversized lines or facilities designed to provide
service for other properties, then the City shall pay for the cost of such oversizing by means of a
direct cash payment by the City to the developer or a credit against water capital charges
otherwise to be paid by the developer. All water main distribution system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance bonds.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
(Agreement/Zoning - Oak Leaf Preserve)
9
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City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance bonds.
Developer may desire to enter into an infrastructure agreement to facilitate the installation of off-
site wastewater collection/transmission system improvements.
C. The City has determined that reclaimed water is unavailable and will not be
available in the foreseeable future. Therefore, the Developer shall provide irrigation by well and
all irrigation systems shall be approved by all applicable regulatory agencies.
D. Developer agrees to provide, at no cost to the City, all required utility easements
(on and off site) for drainage and utility service consistent with this 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, signalization) required by Volusia County (Old
Mission Road and Park Avenue) and the City to enable project approval based on transportation
requirements are the developer's responsibility and shall meet all City, County and/or State
requirements and approvals. As depicted on the Construction Plans.
G. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - The applicable impact fees due to the City for water shall be paid by applicant in
accordance with City policies concerning the reservation of water capacity.
Sewer - The applicable impact fees due to the City for sewer shall be paid by
applicant in accordance with City policies concerning the reservation of sewer
capacity.
(Agreement/Zoning - Oak Leaf Preserve)
10
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rument# 200~) 075,%B #1!
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Police, Fire, Parks and Recreation - Paid to City by applicant at the time of
Building Permit application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant to
include, but not be limited to, County road and school impact fee, 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.
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 Oak Leaf
Preserve development approval and the construction of required infrastructure improvements
and the review and approval of the final plat.
K. The developer shall provide all public facilities to support this project including
the following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system.
(Agreement/Zoning - Oak Leaf Preserve)
11
I nst rument# 2()0501~j9r)8 it i?
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4. 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.
5. Developer is responsible for the costs of recording the plat upon approval
by the City of Edgewater.
6. Bonds - A Performance Bond, Tri-Party Agreement or Letter of Credit,
shall be 110% of the costs of all requirement remaining improvements at
the time of the recording of the Final Plat. A Maintenance Bond equal to
10% of the cost of the water and sewer improvements shall be provided to
the City at the time issuance of a Certificate of Completion. The
Maintenance Bond shall be in effect for a two (2) year period or as
currently required in the Land Development Code.
7. Sidewalks shall be constructed on both sides of the streets/roadways and
have a minimum width of five feet (5') and shall be constructed prior to
issuance of a Certificate of Occupancy on each building lot. Developer
shall provide a bond or surety in a form acceptable to the City in the
amount of $10.00 per lineal foot for two (2) years. Or, upon review and
approval and at the City's sole discretion, City may allow the developer to
extend the sidewalk bond for an additional two (2) year term. If sidewalks
are not completed within four (4) years, the developer will install the
remaining sidewalks.
8. Streetlights shall be maintained by the HOA and Developer agrees to
(Agreement/Zoning - Oak Leaf Preserve)
12
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request installation of the street lights from Florida Power & Light within
thirty (30) days of Construction Plan approval and will forward proof of
same to the City.
L. Recreational Facilities and Open Space
The developer agrees to provide no less than two (2) passIve neighborhood parks
pursuant to the Master Plan (Exhibit "B"). There shall be a minimum of thirty-five percent
(35%) open space for the project. Location of the parks with dimensions will be determined
during the preliminary plat phase.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
III the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code.
7. DEDICA TION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed or plat
dedications all public utility easements as required, free and clear of all liens and encumbrances;
and provide a title opinion to evidence compliance with same. Due to the subdivision being a
gated community, all roadways are private and therefore, will not be deeded to the City. Oak
Leaf Preserve has designated fifty-five (55) acres (plus or minus) or thirty-five percent (35%) of
the project, as open space, conservation, etc., to be maintained by the HOA or other approved
entity.
Open space is determined as any parcel or area of land or water set aside, reserved or
dedicated for the use and enjoyment of all owners and occupants of the project. Usable common
(Agreement/Zoning - Oak Leaf Preserve)
13
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11
space shall include area(s) readily accessible and generally acceptable for active or paSSIve
recreational use. Open space shall not include required setback areas or contain structures or
right-of-ways other than those intended for landscape or recreational purposes.
8. PERMITS REQUIRED
The Developer will obtain the 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 and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, Florida Fish and Wildlife
Conservation Commission, and V olusia County.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
3. This site may require a Volusia County Environmental Permit.
4. 100 year flood elevation for this site is 6.3 feet, minimum finished floor elevation
shall be twelve inches (I 2") above the 1 00 year elevation.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or
waived unless such modification, amendment, or waiver is expressly provided for in this
(Agreement/Zoning - Oak Leaf Preserve)
14
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Agreement with specific reference to the ordinance provisions so waived, or as expressly
provided or in this Agreement.
Development standards shall be those of the City as set forth in the Land Development
Code, except as otherwise set forth in this Agreement or as designated on the construction plans
approved by the City.
Developer shall establish a mandatory HOA for the purpose of maintaining the property
and enforcing applicable covenants and restrictions. The mandatory HOA will also be
responsible for the streetlight requirements that result from the project including payment to
Florida Power and Light for installation, maintenance and power consumption and the
maintenance of the stonowater areas, retention areas, all common areas and any designated
easement areas within the Oak Leaf Preserve Subdivision, common area tracts as depicted on the
plat, and private streets within the gated community. 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.
10. HEAL TH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other
requirements determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
11. APPEAL
If the Developer IS aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
(Agreement/Zoning - Oak Leaf Preserve)
15
Instrument# 2005-075958 # 16
Book= 551E
Pager 1791
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, subject,
however, to the parties' rights to invoke the remedies provided below.
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.
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.
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good
faith compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a material failure to comply with the terms of this
Agreement, subject to Developer's right to cure provided below, the Agreement may be revoked
(Agreement/Zoning- Oak Leaf Preserve) 16
Instrument# 2005-075958 11 17
Book= 5518
Page: 1792
or modified by the City. Notwithstanding any other provision of this Agreement, if City at any
time concludes Developer is in default of a covenant or obligation of this Agreement, City shall
notify Developer in writing of the claimed default, and Developer shall have the right to cure the
default within thirty (30) days after receipt of City's notice. Developer shall not be deemed in
default hereof, and City shall invoke no remedies, if Developer cures the claimed default within
those thirty (30) days. Further, if the default is of such a nature that it cannot be cured through
the exercise of reasonable diligence within thirty (30) days, then Developer shall not be deemed
in default hereof, and City shall invoke no remedies, if Developer commences in good faith to
cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the
default within ninety (90) days.
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.
(Agreement/Zoning- Oak Leaf Preserve) 17
Instrument# 2005-075958 A 18
Book: 5518
(- Page: 1793
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. Further, Developer shall have the right
to challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
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
(Agreement/Zoning- Oak Leaf Preserve) 18
Instruaentd 2005-015958 4 19
Book: 5518
v v Page: 1794
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: a f
Donald A. Schmi
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
(Agreement/Zoning - Oak Leaf Preserve) 19
Instrument# 2005-075958 # 20
Book: 551B
Page: 1795
Witnessed by: OAK LEAF PRESERVE, INC.
. Michael Evans, Vice President
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this,:Z;Q`ly of
(�'� E:L 2005, by P. MICHAEL EVANS, who has authority to execute this
document on beh OAK LEAF PRESERVE, INC., and who 91 is personally known or O has
produced as identification and who O did O did not take an oath.
C: ��Notary Public, State of Florida
My Commission Expires:
'�sy 7 2ppa
*DN02832
(Agreement/Zoning - Oak Leaf Preserve) 20
Instrument# 2005-075958 # 21
Book: 5518
Page: 1796
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
Phase I -
Parcel A -
A portion of lands described in O.R. Book 2300, Pages 1740 - 1748 together with lands
described in O. R. Book 3012, Page 0445 and O. R. Book 2510, Page 1873, inclusive in the
Public Records of Volusia County, Florida, said lands being a portion of Lots 11, 12 and 13,
Map of the South Third of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat
Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book
16, Page 165, inclusive in the Public Records of Volusia County, Florida, lying in Section 53,
Township 17 South, Range 34 East and Section 36, Township 17 South, Range 33 East, of said
Volusia County, being more particularly described as follows:
Commence at the Northeast corner of said Lot 12, said point also being the Southeast comer of
Mission Oaks Condominium, according to the plat thereof as recorded in Plat Book 38, Pages
181 - 184, of the said Public Records of Volusia County; thence South 69' 07' 59" West along
the North line of said Lot 12 and the South line of said Mission Oaks, a distance of 1,195.01 feet
to the West line of the East 1,195 feet of said Lot 12, said point being the POINT OF
BEGINNING; thence South 21' 02' 59" East along the said West line of the East 1,195 feet, a
distance of 1,224.26 feet to a point lying 1,250 feet (by perpendicular measurement) from the
North Right -of -Way line of Massey Road ( a 50 foot wide County Road Right -of -Way lying
North of and adjacent to the Florida East Coast Rail Road Right -of -Way); thence South 67' 53'
13" West parallel to said Massey Road, a distance of 545.09 feet to the West line of the East
1,740 feet of said Lots 12 and 13; thence South 21 ° 02' 59" East along said West line of the East
1,740 feet of said Lots 12 and 13, a distance of 250.04 feet to a point lying 1,000 feet (by
perpendicular measurement) from the said North Right -of -Way line of Massey Road; thence
North 67' 53' 13" East parallel to said Massey Road, a distance of 817.64 feet to the West line of
the East 922.5 feet of said Lot 13; thence South 21 ° 02' 59" East along said West line of the East
922.5 feet of said Lot 13, a distance of 1,000.17 feet to the said North Right -of -Way line of
Massey Road; thence South 67' 53' 13" West along said North Right -of -Way line, a distance of
2,546.83 feet to the Southeast comer (as presently monumented and occupied) of lands described
in O. R. Book 1871, Page 1900, of the said Public Records of Volusia County; thence North 09'
59' 35" West along the East line (as presently monumented and occupied) of said O. R. Book
1871, Page 1900, a distance of 295.75 feet; thence North 18' 29' 09" West along the said East
line (as presently monumented and occupied) of said O. R. Book 1871, Page 1900, a distance of
99.60 feet to the Northeast comer of said O. R. Book 1871, Page 1900 and the Southeast comer
(Agreement/Zoning - Oak Leaf Preserve) 21
Instrumental 2005-075958 A 22
Book: 5515
Page: 1797
of lands described in 0. R. Book 3944, Page 4176, of the said Public Records of Volusia County
(as presently monumented and occupied); thence North 23 ° 39' 17" West along the East line of
said O. R. Book 3944, page 4176 (as presently monumented and occupied), a distance of 411.74
feet to the Northeast corner of said 0. R. Book 3944, Page 4176 (as presently monumented and
occupied); thence North 12' 37' 56" West along the Southerly extension of the East line (as
presently monumented and occupied) of lands described in 0. R. Book 4556, Page 2163, of the
said Public Records of Volusia County, a distance of 622.05 feet to the Northeast comer (as
presently monumented and occupied) of said 0. R. Book 4556, Page 2163 said point also being
the Southeast corner (as presently monumented and occupied) of lands described in 0. R. Book
2908, Page 0549, of the said Public Records of Volusia County; thence run along the East line
(as presently monumented and occupied) of said 0. R. Book 2908, Page 0549 for the following
four calls:
North 10' 04' 20" East, a distance of 121.37 feet; thence North 06' 01' 02" East, a distance of
147.71 feet; thence North 04' 04' 43" East, a distance of 108.48 feet; thence North 091 41' 55"
West, a distance of 14.86 feet to the Northeast comer of said 0. R. Book 2908, Page 0549;
thence South 58' 09' 00" West along the North line and it's Westerly extension of said O. R.
Book 2908, Page 0549, a distance of 639.41 feet to the proposed East Right -of -Way line of Old
Mission Road (as shown on Volusia County Right -of -Way Map Project #4338); and North 13 °
23' 09" West along the said proposed East Right -of -Way line, a distance of 295.77 feet to a point
on the Westerly extension of the South line of lands described in 0. R. Book 3257, Page 0922, of
the said Public Records of Volusia County; thence North 61 ° 10' 44" East along said Westerly
extension and the South line (as presently monumented and occupied) of said 0. R. Book 3257,
Page 0922, a distance of 642.28 feet to the Southeast comer (as presently monumented and
occupied) of said 0. R. Book 3257, Page 0922; thence North 13' 28' 46" West along the East
line (as presently monumented and occupied) of said 0. R. Book 3257, Page 0922, a distance of
502.14 feet to a point on the said South line of said Mission Oaks and the North line of said Lot
12; thence North 69' 07' 59" East along said South and North line, a distance of 1,847.56 feet to
the POINT OF BEGINNING.
Containing 127.099 ± acres, more or less.
Pbase I -Parcel B -Is the Road Right -of -Way containing 4.078 ± acres more or less that is NOT
included in the annexation.
Phase 2 -
Lands described in O. R. Book 2319, Page 1957, of the Public Records of Volusia County,
Florida. Less and Except: Mission Oaks, Phase One and Three B, according to the Declaration
of Condominium, as recorded in 0. R. Book 2417, Page 1341, of the said Public Records of
Volusia County. Said lands also being described as Phases Two and Three A, Mission Oaks,
according to the Condominium Book 33, Pages 131 - 134, of the said Public Records of Volusia
County, Florida, being more particularly described as follows:
(Agreement/Zoning - Oak Leaf Preserve) 22
Instrument# 2005-075958 # 23
Book: 5518
Page: 1798
Beginning at the Southeast comer of said Mission Oaks, said point also being the Northeast
corner of Lot 12, Map of the South Third of Ambrose Hull Grant, according to the Plat thereof,
as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page
54, and in Plat Book 16, Page 165, inclusive of the said Public Records of Volusia County, said
point being the POINT OF BEGINNING; thence South 69' 0759" West along the North line of
said Lot 12, a distance of 2,053.60 feet; thence run along the East line of Phase One of said
Mission Oaks for the following five calls:
North 20' 52' 01" West, a distance of 420.00 feet; thence North 69' 07' 59" East, a distance of
220.00 feet; thence North 20' 52' 01" West, a distance of 330.00 feet; thence South 69' 07' 59"
West, a distance of 220.00 feet; thence North 200 52' 01" West, a distance of 270.73 feet; thence
North 69' 1 F 24" East along the North line of said Mission Oaks, a distance of 2,050.60 feet to
the East line of said Mission Oaks; thence South 21 ° 02' 09" East along the East line of said
Mission Oaks, a distance of 1,018.70 feet to the POINT OF BEGINNING.
Containing 46.372 + acres more or less.
For a total annexation of 173.471 + acres more or less
(Agreement/Zoning - Oak Leaf Preserve) 23
Instrument# 2005-075958 # 24
Book: 5518
Page: 1799
EXHIBIT °B"
MASTER PLAN
(Agreement/Zoning - Oak Leaf Preserve) 24
Ilstnaentt 2005-075958 t 25
r Book: 5518
�... •/ Page: 1800
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SKETCH OF PARK A VENUE SIGNAGE AREA
(Agreement/Zoning - Oak Leaf Preserve)
25
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SKE OF LEGAL
SOUTHERN CONNECTOR
FOR PROPOSED OAK LEAF PRESERVE SUBDIVISION
ACROSS CITY OF EDGEWATER PROPERTY
SHEET 1 OF 5
(NOT A SURVEY)
VICINITY MAP N.T.S.
)RAWING NO: A04-0275 DRAWING NAME: 04-77-SK-S.ACCESS ROAD.
SCALE: 1'�200'DWN.BY:D.D.G. CHDbY:J.M.M. CLIENT N0. 204-0077
CERTIFIED TO:
,TIC7N OAK LEAF PRESERVE, L.L.C.
IWILLIAM MOTT LAND SURVEYING INC. I
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CERTIFIED TO:
OAK LEAF PRESERVE, INC.
tS 2005-075958 R 29
SKLFCH
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SHEET 3 OF 5
(NOT ,A SURVEY)
LEGAL DESCRIPTION: PARCEL A (BY SURVEYOR)
A portion of Florida East Coast Rail Road Right -of -Way, lying in Ambrose Hull Grant,
Section 53, Township 17 South, Range 34 East, of said Volusia County, being more
particularly described as follows:
Commence at the Northeast corner of Lot 12, Map of the South Third of Ambrose
Hull Grant, according to the Plat thereof, as recorded in Plat Book 4, Page 199, and
in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page
165, inclusive the Public Records of Volusia County, Florida, said point also being
the Southeast cornerof Mission Oaks Condominium, according to the map thereof
as recorded in Condominium Book 38, Pages 181-184, of the said Public Records of
Volusia County; thence South 21002'59" East along the East line of said Lot 12 and
Lot 13 of said Map of the South Third of Ambrose Hull Grant, a distance of 2,448.48
Feet to the North Right -of -Way line of Massey Road (a 50 foot wide County Road
Right -of -Way lying North of and adjacent to the 150 footwide Florida East Coast Rail
Road Right -of -Way F.E.C.R.R.); thence South 67*53'13" West along said North Right -
of -Way line, a distance of 1,458.40 Feet; thence South 22°06'47" East, a distance of
50.00 Feet to a pointon the South Right -of -Way line of said Massey Road said point
being the POINT -OF -BEGINNING; thence continue South 22°06'47" East, a distance
of 150.00 Feet to a point on the South Right -of -Way line of said F.E.C.R.R. Right -of -
Way; thence South 67°53'13" West along said South Right -of -Way line, a distance
of 60.00 Feet; thence North 22006'47" West, a distance of 150.00 Feet to the South
Right -of -Way line of said Massey Road; thence North 67°53'13" East along said
South Right -of -Way line, a distance of 60.00 Feet to the POINT -OF -BEGINNING.
Containing 0.21 Acres of land more or less.
NO: A04-276B]DRAWING NAME: 04-77-SK-S.ACCESS ROAD.
SCALE: 1'=200'I DWN.BY: D.D.G.
HEREOF,
SF OF
CERTIFIED TO:
OAK LEAF PRESERVE, INC.
'I�u\WILLIAM MOTT LAND SURVEYING INC.
P.L.S. 1 3 MYMFAOOWS CGMMEROM CEMER
716 MORM WI KW ROAD. $ 9E 3
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PROPOSED
OAK LEAF PRESERVE
SUBDIVISION
LINE TABLE
LATE
1EMM
I BEARING
L6
200.00'
1 S 22'06'47" E
L7
20.00'
N 67'5'13" E
LB
74.OW
S 22'06'47" E
L9
61.11'
S 6 -18'24" E
L10
10.7V
S 77'29'59" W
Ltt
20.2W
S 22'06'47" E
L12
202.85'
S 77'29'59" W
L13
20,28'
N 22'06'47" W
L14
10.7V
N 77'29'59" E
L15
51.63'
N 27'41'36" E
L16
57.14'
N 22'06'47" W
L17
80.00'
N 67'53'13" E
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FAST UNE OF LOTS 12 AND 13.
YAP OF THE SW1X TARO OF ANRROSE HULL GRANT
1*0259" E 2448.48'
04-77-SK-S AM SS ROAD.
J:W.h4/ CLIENTN0: 204-0077
--- CERTIFIED TO:
OAK LEAF PRESERVE,INC.
0
SKLFCH OF
/1Q4PWnt# 2005-075958 Y
LE �T177; 5518
,806
SHEET 5 OF 5
(NOT ,A SURVEY)
LEGAL DESCRIPTION: PARCEL B (BY SURVEYOR)
A portion of lands described in O.R. Book 1763, Pages 1645-1648, of the Public
Records of Volusia County, Florida, lying in Ambrose Hull Grant, Section 53,
Township 17 South, Range 34 East, of said Volusia County, being more particularly
described as follows:
Commence at the Northeast corner of Lot 12, Map of the South Third of Ambrose
Hull Grant, according to the Plat thereof, as recorded in Plat Book 4, Page 199, and
in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page
165, inclusive the Public Records of Volusia County, Florida, said point also being
the Southeast cornerof Mission Oaks Condominium, according to the map thereof
as recorded in Condominium Book 38, Pages 181-184, ofthe said Public Records of
Volusia County; thence South 21002'59" East along the East line of said Lot 12 and
Lot 13 of said Map of the South Third of Ambrose Hull Grant, a distance of 2,448.48
Feet to the North Right -of -Way line of Massey Road (a 50 foot wide County Road
Right -of -Way lying North of and adjacentto the 150 footwide Florida East Coast Rail
Road Right -of -Way F.E.C.R.R.); thence South 67'53'13" West along said North Right -
of -Way line, a distance of 1,458.40 Feet; thence South 22°06'47" East, a distance of
200.00 Feet to a point on the South Right -of -Way line of said F.E.C.R.R. said point
being the POINT -OF -BEGINNING; thence North 67053'13" East along said South
Right -of -Way line, a distance of 20.00 Feet; thence South 22°06'47" East, a distance
of 74.08 Feet; thence South 62018'24" East, a distance of 61.11 Feet; thence North
77°29'59" East, a distance of 10.71 Feet; thence South 22°06'47" East, a distance of
20.28 Feet to a point on the North Right -of -Way line of Park Avenue; thence South
77029'59" West along said North Right -of -Way line, a distance of 202.85 Feet; thence
North 22°06'47" West, a distance of 20.28 Feet; thence North 77029'59" East, a
distance of 10.71 Feet; thence North 27041'36" East, a distance of 51.63 Feet; thence
North 22°06'47" West, a distance of 57.14 Feet to the said South Right -of -Way line
of F.E.C.R.R.; thence North 67°53'13" East along said South Right -of -Way line, a
distance of80.00 Feet to the POINT -OF -BEGINNING.
Containing 0.37 Acres of land more or less.
NO: A04-277B IDRAWING NAME: 04.-,7,j, K=&.ACCESS ROAD.
SCALE: 1 "=200'I DWN.BY: D.D.G.
CERTIFIED TO:
OAK LEAF PRESERVE, INC.
WHUAM MOTT LAND SURVEYING INC.
M01NIEfl
Instnaentt 2DD5-075M t 32
({�) Book: 5518
Page: 1807
Diane M. Matousek
EXHIBIT "D" yolusia Coady, Clerk of Court
TREES
COMMON NAME
BOTANICAL NAME
Elm
Ulmus spp.
Hickory
Carve spv.
Loblolly Bay
Gordonia lasianthus
Magnolia
Magnolia grandiflora
Red Maple
Acer rubrum
Other Oak Species
Quercus spp.
Red Bay
Persea borbonia
Red Cedar
Juni erus silicicola
Swmp Bay
Persea palustris
Sweet Bay
Ma nolia vir iniana
Sweet Gum
Li uidambar styraciflua
Sycamore
Platanus occidentalis
Turkey Oak
uercus laevis
(Agreement/Zening - Oak Leaf Preserve) 26