2020-O-27 - 3850 S Ridgewood Ave BPUD 12/9/2020 2:03:08 PM Instrument#2020238974#1 Book:7954 Page:4058
ORDINANCE NO. 2020-0-27
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) AND P/SP
(PUBLIC/SEMI-PUBLIC) TO BPUD (BUSINESS PLANNED
UNIT DEVELOPMENT) FOR 25.592±ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 3850 SOUTH
RIDGEWOOD AVENUE AND BOOKER STREET,
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
findings of fact and determinations:
1. Glenn D. Storch is the applicant on behalf of Alan Klein, owner of property
located at 3850 South Ridgewood Avenue and Booker Street within Volusia County,Florida.
Subject property contains approximately 25.592± acres.
2. The applicant has submitted an application for a change in zoning classification
from RPUD (Residential Planned Unit Development) and P/SP (Public Semi-Public) to
BPUD (Business Planned Unit Development) for the property described herein.
3. On October 13, 2020 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 relevant goals,
objectives and policies of the Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
land use pattern and is compatible with existing and proposed uses in the adjacent area.
6. The proposed change in zoning classification will not adversely impact public
facilities and meets the Concurrency Management System requirements in Article XI of the
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Land Development Code.
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
RPUD (Residential Planned Unit Development) (22.929+ acres) and P/SP (Public Semi-Public) (2.663+
acres) to BPUD (Business 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 GIS Technician is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
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this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by.Councilwoman
Yaney, the vote on the first reading of this ordinance held on November 4, 2020,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
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After Motion to approve by 1�"tt�t I ;'` �l �N"_f' with
Second by �( i t 'r''V\(Zn �i)1.U` , the vote on the second
reading/public hearing of this ordinance held on December 7, 2020,was as follows:
AYE NAY
Mayor Mike Thomas A
Councilwoman Christine Power )(
Councilwoman Gigi Bennington �(
Councilwoman Megan O'Keefe
Councilman Jonah Powers
PASSED AND DULY ADOPTED this 7`"day of December,2020.
ATTEST: CITY COUNCIL OF THE
CIT O EDC X F O DA
TI-
Bonnie Brown, CMC Mike �
City Cler: or
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 7"' day of December, 2020
Aaron R.Wolfe,Esquire under Agenda Item No. 8
City Attorney
Doran,Sims,Wolfe&Yoon
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EXHIBIT"A"
LEGAL DESCRIPTION
Parcels 1 and 2 and Tracts M, O, and P, Edgewater Lakes Phase IA. According to Plat thereof as
recorded in Map Book 54, Pages 46 through 49, of the Public Records of Volusia County,
Florida.
Together with:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia County Florida
and being more completey described as follows:
As a point of reference commence at the northwest corner of U.S. Lot 2, Section 13, Township
18 South, Range 34 East, thence N 689°50'50" E along the north line of said Lot 2, a distance of
154.03 feet: thence S 28°02'31" E, a distance of 439.35 feet: thence S 14°10'55"E, a distance of
387.51 feet for the Point of Beginning; thence N 83°50'50" E, a distance of 505.89 feet: thence S
25°06'23" E, a distance of 164.34 feet: thence S 57'44'13"E, a distance of 178.28 feet to a point,
said point being 60 feet north of the south line of said U.S. Lot 2; thence S 87°35'58" W and
parallel to the south line of U.S. Lot 2 a distance of 648.37 feet: thence N 22°48'24" W, a
distance of 134.58 feet; thence N 14°10'55" W, a distance of 95.89 feet to the Point of
Beginning. Containing 23.137 acres more or less.
Less and except a portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia
County Florida and being a portioin of that property described as Parcel II in the deed recorded
in Official Records Book 5739 at Page 3352 of the Public Records of said Volusia County and
being more particularly described as follows:
Commencing at the northwest corner of Parcel II, said point being the soutwest corner of Parcel
2, Edgewater Lakes Phase IA, as recorded in Map Book 54, Pages 46 through 49 of said Public
Records, run N 83°51'04" E, along said north line along the south line of Parcel 2, a distance of
410.73 feet to the Point of Beginning.
From the Point of Beginning, continue N 83°51'03"E, a distance of 63.44 feet; thence, departing
said line and along a new line through said Parcel II S 25°06'09" E, a distance of 142.53 feet to
the beginning of a curve to the right having a central angle of 22°41'54" a radius of 160.00 feet
with a chord bearing of S 13°45"12" E, and a chord lengh of 62.97 feet; thence southerly along
the arc of said curve a distance of 63.39 feet; thence S 02'24'15" E, a distance of 57.73 feet to a
point on a line, 60.00 feet north of and parallel with the south line of said Parcel II: thence S
87°34'45" W, along said parallel line, a distance of 60.00 feet; thence departing said south line N
02'24'15" W, a distance of 57.73 feet to the beginning of a curve to the left having a central
angle of 22°41'54", a radius of 100.00 feet with a chord bearing of N 13°45"12" W, and a chord
distance of 39.36 feet: thence northerly along the arc of said curve a distance of 39.62 feet:
thence N 25°06'09" W, a distance of 163.13 feet to the Point of Beginning.
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EXHIBIT "B"
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
AGREEMENT
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BUSINESS PLANNED UNIT DEVELOPMENT (BPUD)AGREEMENT
XPLORE BOAT,RV & TOY STORAGE
THIS AGREEMENT is made and entered into this day of UI-CVIrk
201D 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, ALAN KLEIN, 11836 Prince George Way, Orlando,
Florida 32836 (herein after 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 25.592± acres located at the
northwest corner of Ridgewood Avenue and Booker Street 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 Alan Klein.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Conceptual Plan, (Exhibit "B")
within twenty-four (24) months of the effective date of this Agreement. Developer's failure to
commence construction within the timeframe identified herein shall result in the City's
termination of this Agreement. The Developer may request an extension of this Agreement for
up to 12-months for extraordinary circumstances as determined by the City. The Agreement may
also be extended by mutual consent of the governing body and the Developer, subject to a public
hearing. Commencement of construction means to begin performing onsite modification,
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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.
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). Final project approval
may be subject to change based upon final utilities, stormwater, traffic, fire rescue, hydrants, law
enforcement, solid waste containment, environmental, permitting, and planning considerations
and/or Federal and State regulatory agencies permit requirements.
a. Permitted Uses
The permitted uses applicable to the development of the property are consistent
with the adopted Comprehensive Plan/Future Land Use Map
Parcel 1 Parcel l
Mini-warehouse Animal Hospital Mini-warehouse
Outdoor Storage Boat Building&Repair Outdoor Storage
RV&Boat Storage Boat Sales &Leasing Personal Service
Facilities
Car Wash Places of Worship
Convenience Store w/ Professional Office
Gas Pumps Facilities
Financial Institute Recording Facilities
Garden &Yard Supplies Recreational Uses
Government Facilities Research Facilities
Health/Fitness Facilities Restaurants
Kennels &Boarding Retail—General
Lodges/Fraternal/Sorority RV&Boat Storage
Medical/Dental Offices Shopping Center
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Those other uses and structures of an accessory nature customary to those permitted uses
listed above. One residential unit and vehicle washing facilities,whether indoor or outdoor, shall
be permitted on Parcel 1 as an accessory use to Mini-warehouse, Outdoor Storage and/or RV &
Boat Storage uses.
b. Prohibited Uses.
All other uses,whether permanent or temporary, not otherwise listed as a permitted use in
Paragraph 3(a) are prohibited.
C. Minimum Building Setbacks
Parcel 1 Parcel 2
Front(Booker St) 15' (5' for existing Front(Ridgewood Ave) 40' (15' if parking is
building) within or behind
buildings)
Rear 25' Rear 25'
Side(West) 25' Side(West) n/a
Side(East) n/a
Max Height 35' Max Height 35'
Max Building Coverage 40% Max Building 40%
Coverage
Max Impervious Coverage 75% Max Impervious 75%
Coverage
The existing building fronting Booker Street may be renovated and utilized as part of the
development for Parcel 1, and it may be rebuilt so long as the building footprint does not expand
further into required setbacks.
d. Trees
The Developer shall meet the minimum landscaping and tree protection standards as set
forth in the current City LDC.
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e. Entrances
Entrances for accessing the development shall be consistent with the Conceptual Plan,
however, access from the Property to Edgewater Lakes Boulevard shall not be permitted. A
right-turn/decel lane shall be required as permitted by FDOT. In the event of gating, emergency
access shall be provided by a"Click to Enter" system and a Knox8 override system or other method
as approved by the City's Fire Marshal. All access points shall have a minimum 20-foot clearance
width for Fire Department access.
f. Sig—nage
Signage shall meet the current City LDC.
g. Parking
One (1) parking space per unit and three (3) parking spaces for a lease office shall be
provided for the Mini-warehouse use. Parallel parking spaces may be provided within the
drive-aisles of the self-storage facility to offset the required per unit parking. All other uses
shall meet the minimum parking standards as set forth in the current City LDC.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is Commercial with Conservation Overlay and the
zoning designation is BPUD (Business Planned Unit Development) as defined in the City Land
Development Code.
5. PUBLIC FACILITIES
a. All utility services shall be underground.
b. Off-site improvements are the Developer's responsibility and shall be required at
the time of Site Plan approval and City inspection approval and shall meet all
City, County and/or State requirements and approval.
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C. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
d. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
e. Developer, at the time of development, shall provide all public facilities to
support this project in accordance with the current City LDC including the
following:
i. Water Distribution System including_required fire hydrants. Developer
agrees to connect to and utilize the City's water distribution system at
nearest point of connection.
ii. Sewage Collection and Transmission System. Developer agrees to connect
to and utilize the City's wastewater transmission and collection system. .
iii. Stormwater collection/treatment system including outfall system. The
retention and detention pond(s) shall meet the requirements for the St.
Johns River Water Management District and the City of Edgewater LDC.
Developer is required to provide an outfall to a publicly owned or
controlled drainage conveyance system, and obtain an off-site drainage
easement space if necessary. The on-site 100-year flood elevation shall be
established to the satisfaction of the Flood Plain Manager or FEMA.
Compensatory Storage shall be provided for per the requirements set forth
in Article IV (Resource Protection Standards) of the City LDC, as may be
amended from time to time.
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iv. All required pavement marking and signage (stop signs, road signs, etc.)
within the Site. All permanent markings and signage shall comply with
Florida Department of Transportation (FDOT) standards. Enhanced
special signage may be used if it meets FDOT standards and approved by
the City.
6. IMPACT FEES
Impact fees will be paid in accordance with the current City LDC and/or Fee Resolution.
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 LDC and is compliant with all concurrency requirements set forth in
said documents.
8. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Department of Environmental Protection, St. Johns River Water Management
District, Army Corps of Engineers, Department of Health, and Florida Fish and
Wildlife Conservation Commission.
2. City of Edgewater- Site Plan approval and all applicable building permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required
infrastructure improvements, and the review and approval of the site plan related to the
development, including recording fees.
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9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
10.HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions or other
requirements determined to be necessary by the City for the public health, safety or welfare of its
citizens.
11.APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term of this Agreement, regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to, this Agreement and approved Site
Plan.
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13. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
14.RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15.PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
commencing 12 months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a failure to materially comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City. Any such revocation or
modification shall only occur after the City has notified the Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the
City.
16.APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
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17. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
18.AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
19.FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
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
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appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
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 EDG W ER FL A
Bonnie Brown,CMC M cha Th as
City Clerk yor
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Wit s ed DEVELOPER
Alan Klein
STATE OF FLORIDA
COUNTY OF t,loil3 J
The foregoing instrument was acknowledged before me,by means of physical presence or [�
online notarization, this YE) day of 20Qo by Alan Klein, who is [�
personally known to me or [ has produced 'F L. Z>C6LQ� UC.Q3J'C as identification and
who did(did not)take an oath.
QY-
.W"' ADOLPH JOSEPH POSEY,JR.
Not ublic
:+: *, MY COMMISSION#GG 140754
Stam eal `• ro- EXPIRES:September 4,2021
FodF�°p Bonded Thru Notary Public Underwriters
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcels 1 and 2 and Tracts M, O, and P, Edgewater Lakes Phase IA. According to Plat thereof as
recorded in Map Book 54, Pages 46 through 49, of the Public Records of Volusia County,
Florida.
Together with:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia County Florida
and being more completey described as follows:
As a point of reference commence at the northwest corner of U.S. Lot 2, Section 13, Township
18 South, Range 34 East, thence N 689050'50"E along the north line of said Lot 2, a distance of
154.03 feet: thence S 28°02'31" E, a distance of 439.35 feet: thence S 14°10'55"E, a distance of
387.51 feet for the Point of Beginning; thence N 83°50'50"E, a distance of 505.89 feet: thence S
25°06'23"E, a distance of 164.34 feet: thence S 57'44'13"E, a distance of 178.28 feet to a point,
said point being 60 feet north of the south line of said U.S. Lot 2; thence S 87°35'58" W and
parallel to the south line of U.S. Lot 2 a distance of 648.37 feet: thence N 22°48'24" W, a
distance of 134.58 feet; thence N 14°10'55" W, a distance of 95.89 feet to the Point of
Beginning. Containing 23.137 acres more or less.
Less and except a portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia
County Florida and being a portioin of that property described as Parcel Il in the deed recorded
in Official Records Book 5739 at Page 3352 of the Public Records of said Volusia County and
being more particularly described as follows:
Commencing at the northwest corner of Parcel II, said point being the soutwest corner of Parcel
2, Edgewater Lakes Phase IA, as recorded in Map Book 54, Pages 46 through 49 of said Public
Records, run N 83°51'04" E, along said north line along the south line of Parcel 2, a distance of
410.73 feet to the Point of Beginning.
From the Point of Beginning, continue N 83°51'03"E, a distance of 63.44 feet; thence, departing
said line and along a new line through said Parcel II S 25°06'09"E, a distance of 142.53 feet to
the beginning of a curve to the right having a central angle of 22°41'54" a radius of 160.00 feet
with a chord bearing of S 13°45"12" E, and a chord lengh of 62.97 feet; thence southerly along
the arc of said curve a distance of 63.39 feet; thence S 02'24'15" E, a distance of 57.73 feet to a
point on a line, 60.00 feet north of and parallel with the south line of said Parcel 11: thence S
87°34'45"W, along said parallel line, a distance of 60.00 feet; thence departing said south line N
02'24'15" W, a distance of 57.73 feet to the begimiing of a curve to the left having a central
angle of 22°41'54", a radius of 100.00 feet with a chord bearing of N 13°45"12" W, and a chord
distance of 39.36 feet: thence northerly along the are of said curve a distance of 39.62 feet:
thence N 25°06'09"W, a distance of 163.13 feet to the Point of Beginning.
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EXHIBIT `B"
CONCEPTUAL PLAN
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XPLORE Boat,AV&Toy Storage 13
Ordinance No 2020-0-27
Instrument#2020238974#20 Book:7954 Page:4077 Laura E. Roth, Volusia County Clerk of Court
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XPLORE Boat,RV&Toy Storage 14
Ordinance No 2020-0-27