2021-O-03 - Villas at Massey Ranch RPUD4/15/2021 2:28:49 PM Instrument #2021084881 #1 Book:8027 Page:4242
CORRECTED
ORDINANCE NO. 2021-0-03
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM VOLUSIA COUNTY A-3
(TRANSITIONAL AGRICULTURE) TO RPUD
(RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR
9.03± ACRES OF CERTAIN REAL PROPERTY LOCATED
AT 700 MASSEY RANCH BOULEVARD, 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. John Massey is the applicant on behalf of Villas at Massey Ranch, LLC, owner of
property located at 700 Massey Ranch Boulevard within Volusia County, Florida. Subject
property contains approximately 9.03± acres.
2. The applicant has submitted an application for a change in zoning classification
from Volusia County A-3 (Transitional Agriculture) to RPUD (Residential Planned Unit
Development) for the property described herein.
3. On February 10, 2021, 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
1
StAee &-ouglirpassages are deleted. This corrected Ordinance is being recorded to reflect the Motion and
Underlined passages are added.
2021-0-03 vote at first reading on page 3 and replaces that Ordinance recorded in
the Public Records of Volusia County on April 8, 2021 in O.R. Book
8022, page 4454
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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
Volusia County A-3 (Transitional Agriculture) to 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 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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Underlined passages are added.
2021-0-03
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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
O'Keefe, the vote on the first reading of this ordinance held on March 1, 2021, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X _
Councilman Jonah Powers Abstained
3
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2021-0-03
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R
After Motion to approve by a -,i
-j € t -A, 1 -e- with
v
Second by G A.- C' -j t,6L, . 2� 1' IZ r^ecl-'N the vote on the second
reading/public hearing of this ordinance held on , 2021, was as follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
AYE NAY
rxt
PASSED AND DULY ADOPTED thi day of r .2021.
ATTEST:
Bonnie Brown, CMC
City Clerk
For the use and reliance only by the City of Edgewater,
Florida. Approved as to fonn and legality by;
Aaron R. Wolfe, Esquire
City Attorney
Moran, Sims, Wolfe & Yoon
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Underlined passages are added.
2021-0-03
CITY COUNCIL OF THE
CITY 4F EDG6VAliR,
A
Approved by the City Council of the City ofEdgewater
at a meeting held on this i day of ; c
2021 under Agenda Item No. 8 -b --
4
b
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Lot 136 and a portion of Lot 1, ASSESSOR'S SUBDIVISION OF THE SAMUEL
BETTS GRANT, according to the plat thereof, as recorded in Map in Map Book 3, Page 153, of
the Public Records of Volusia County, Florida, being described as follows: Commence at the
southwest corner of Wildwood Subdivision Unit 3, according to the plat thereof as recorded in
Map Book 38, Page 35 of the Public Records of Volusia County, Florida; thence North 200 17'
14" West, along the westerly line of said Wildwood Subdivision Unit 3, also being the easterly
line of said Lot 136 and along the easterly right of way of Massey Ranch Boulevard, a 100 -foot
right of way, as shown on plat of Massey Ranch Airpark Unit I, recorded in Map Book 44,
Pages 68 through 70, inclusive, of the Public Records of Volusia County, Florida, a distance of
330.15 feet to the northeasterly comer of said Lot 136; thence South 690 40' 57" West, along
the northerly line of said Lot 136, a distance of 100.00 feet to the westerly right of way of said
Massey Ranch Boulevard; thence South 200 17' 14" East, along said westerly right of way of
Massey Ranch Boulevard, a distance of 330.07 feet; thence South 200 15' 17" East, continuing
along said westerly right of way of Massey Ranch Boulevard , a distance of 427.07 feet to the
southwesterly corner of said Massey Ranch Boulevard; thence continue South 20° 15' 17" East,
along the southerly prolongation of the westerly right of way of said Massey Ranch Boulevard,
a distance of 171.72 feet for the Point of Beginning; thence South 89° 41' 51" East, a distance
of 33.91 feet; thence South 07° 01' 00" West, a distance of 121.88 feet; thence South 12° 14'
00" East, a distance of 103.35 feet; thence South 540 42' 00" East, a distance of 74.30 feet;
thence South 850 29' 30" East, a distance of 66.54 feet; thence South 461 06' 00" East, a
distance of 43.49 feet; thence South 05° 42' 00" East, a distance of 94.35 feet; thence South 40°
04' 00" East, a distance of 131.33 feet; thence South 061 11' 00" East, a distance of 93.29 feet;
thence South 88° 41' 44" West, a distance of 776.77 feet; thence North 060 16' 50" West, a
distance of 611.81 feet; thence South 89° 41' 51" East, a distance of 540.32 feet to the Point of
Beginning.
Containing 9.03 acres, more or less.
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EXHIBIT "B"
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
AGREEMENT
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PLANNED UNIT DEVELOPMENT AGREEMENT
Villas at Massey Ranch Phase II
THIS AMENDED AGREEMENT is made and entered into this day of
Q)l i t 2021 by and between, the CITY OF EDGEWATER, FLORIDA, a
municipal corporation, whose mailing address is P. 0. Box 100, 104 N. Riverside Drive,
Edgewater Florida 32132, (hereinafter referred to as "City") and The Villas at Massey Ranch,
LLC, a Florida Limited Liability Company, with John S. Massey as Manager of Massey Family
Enterprises, LLC, the sole Member, whose address is P.O.Box 949, New Smyrna Beach Florida
32170 (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 9.03± acres located on the south and
west and adjacent to Massey Ranch Boulevard, 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 located in Phase 11 is The Villas at Massey Ranch, LLC, with John
S. Massey 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 the Villas at Massey Ranch Phase 11, as defined by the Master
Plan, dated C) ac, c (Exhibit `B" included herein); within one (1) year of required
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permit approvals for this project, or within eighteen (18) months of the effective date of this
Agreement. Developer's failure to initiate construction within one (1) year 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 must be approved by
City Council prior to commencement of any authorized work. Final approval shall include, but
not be limited to utilities, stormwater, traffic, fire rescue, hydrants, Iaw enforcement,
environmental, solid waste containment, and planning elements.
3. R UMF T USF _ P ,Rl'V[YTT .D
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 Villas at Massey Ranch Phase 11
Master Plan dated ,, (Exhibit "B"). The Villas at Massey Ranch shall
be developed consistent with the City's development procedures. Final project approval may be
subject to change based upon final environmental, permitting, and planning considerations. Use
of the property will be as follows:
A. Unit Count
The Villas at Massey Ranch shall not exceed a total of thirteen (13) single family
dwelling units. Based on the Final Site Plan approval, the total number of units may vary but the
maximum residential units allowed for the Villas at Massey Ranch Subdivision shall not exceed
1.44 dwelling units per total acreage or a total of thirteen (13) units.
This site shall meet all Land Development Code requirements pertaining to maximum
building coverage and impervious surface coverage.
B. Minimum House Square Footage
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The minimum gross house square footage shall be at least 2,000 square feet living area
under air. In addition, each unit will have a minimum of a two (2) car enclosed garage. No
carports will be allowed. An attached aircraft hangar shall be permitted for each dwelling unit
and aircraft shall be allowed to operate within the site and between site and Massey Ranch
Airpark, a publicly licensed airport.
300' from the centerline of the runway
55' from the centerline of any taxiway
200' from the western project boundary
55' from the northern project boundary
25' from the southern project boundary
20' from the eastern project boundary
10' between buildings
Maximum Height -35'
Utility Easements - Utility easements to be granted to the City of Edgewater in
accordance with the approved site plan prior to construction.
D. Roads
On-site driveways and taxiways are to remain private, in common ownership, and
maintained by the Association with the exception of the seventy (70') foot Taxiway Easement as
recorded in OR 4402, Page 2031, for use by other property owners as determined by the
management of Massey Ranch Airpark.
E. Stormwater Mana ement
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The retention pond(s) will meet the requirements for the St. Johns River Water
Management District and the City of Edgewater Land Development Code. The pond(s) are
approximately acres and will be owned and maintained by the HOA. Developer is
required to provide an outfall to a publicly owned drainage conveyance system, and obtain an
off-site drainage easement if necessary.
Flood Plain Encroachment and Compensatory Storage Criteria.
Definitions
FEMA - Federal Emergency Management Agency FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929 NAVD88 - North American
Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to which
ground or surface water can be expected to rise during a normal wet season. SHGWT - Seasonal
High Ground Water Table. The SHGWT is defined as the zone of water saturated soil at the
highest average depth during the wettest season of the year.
100 -Year Flood Elevation - The flood elevation that has a one percent (1%) change of
being equaled or exceeded each year.
The on-site 100 -year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 100 -year flood elevation may be based upon a combination of FEMA
FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and regional nature;
and site-specific assessments signed and sealed by a professional engineer licensed to practice in
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the State of Florida.
Projects located near the coast should evaluate any flooding effects associated with both
storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones A, AE, AH and
AO).
In the case of conflicting information, the City will rely upon the highest elevation, unless
reasonable assurance can be provided that a lower elevation is justified.
Under no circumstances will the City accept a 100 -year flood elevation determined by
overlaying a FEMA Zone A delineation with any topographic contour information.
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site 100 -year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot (i.e.
1 -foot topographic contour interval and 100 -year flood elevation to one decimal accuracy).
USGS quadrangle maps depicting 5 -foot topographic contours are not adequate to comply with
these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary
as defined by the pre -development topography, even if these areas are not illustrated on FEMA
FIRM panels.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a "datum
shift" may be required to "adjust" the applicable on-site 100 -year flood elevation to a common
and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils, vegetative
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cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be determined for all
wetlands, depressions, and any other low areas within the property boundary that are capable of
impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain
below the 100 -year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 100 -year flood plain encroachments shall be provided in
accordance with the following requirements:
Compliance will be based upon a volume for volume ("cup for cup") methodology, with
the volume of compensation equal to the volume of encroachment at each and every elevation (I -
foot contour interval). Providing compensating storage equal to the volume of encroachment at
each elevation will provide equivalent flood plain management for all storm events of magnitude
less than the 100 -year storm event, and is intended to prevent cumulative water quality impacts.
Storage creation must occur below the existing 100 -year flood elevation and above the
predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to, but
outside of, the existing 100 -year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds that
also provide stormwater management (retention and/or detention) for the proposed development.
The City may approve the creation of offsite compensatory storage areas located outside
the property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is located
within what the City considers a special flood hazard area. At the City's discretion, additional
flood control measures may be required to adequately protect, upstream systems, downstream
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systems, and/or offsite properties.
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.
G. Trees
Trees shall installed be per the approved Landscape Plans in the Site Plan. Trees shall be
2 %Z" in diameter, measured six -inches (6") above the soil line and shall be of a variety listed in
Exhibit "C" - Trees. A tree survey shall be provided prior to site/construction plan approval.
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 in 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.
All other City and County minimum tree protection standards shall be satisfied for this
development.
H. Entrance to Subdivision
Entrance to the development shall be via Massey Ranch Boulevard. All landscaping and
irrigation shall be maintained by the Association. The main access shall be gated at the south
terminus of Massey Ranch Boulevard with access for City services as approved by the City Fire
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I. Common Area/Open Space
All undeveloped/open space shall be dedicated to and maintained by the Association.
J. Model Homes and temporary Office
Temporary structures may be permitted as a temporary sales office while a model home
is under construction. Such temporary offices shall only be permitted for an interim period not to
exceed sixty (60) days or until completion of the first unit, whichever occurs first.
Model units shall only be allowed upon compliance with the following requirements:
(a) 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.
(b) Construction of access driveways to the model unit sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for inspections.
(c) Permanent utility connections cannot be made until the sanitary sewer system
has been completed and certified to FDEP.
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 units.
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 American and official state flags are exempt from this requirement.
K. Declaration of Covenants. Conditions and Restrictions
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The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation,
and By -Laws for the Homeowner's Association will be recorded in the public records of Volusia
County at the time the site plan is approved.
3. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for the Villas at Massey Ranch Subdivision is Medium
Density Residential with Conservation Overlay. The zoning designation for The Villas at Massey
Ranch Subdivision shall be RPUD (Residential Planned Unit Development) as defined in the
City Land Development Code. 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 Comprehensive Plan/Future Land Use Map.
4. PUBLIC FAC&P_ E
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection,
All water main distribution system improvements will be installed by the Developer and
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 issuance of the Development Order.
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
City and dedicated to the City prior to or at the time of issuance of the Certificate of Occupancy
for the first building.
C. The City has determined that reclaimed water is currently unavailable. The
Developer shall provide irrigation by well and all irrigation systems shall be approved by all
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applicable regulatory agencies. However, developer agrees to disconnect irrigation system from
the well and connect to reclaimed water when reclaimed water becomes available to the site.
D. Developer agrees to provide at no cost to the City on and off site current and
future utility and drainage easements for drainage and utility service consistent with this
provision.
E. All utility services will be underground.
F. Off-site improvements (including but not limited to intersection improvements,
tum lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility
and shall meet all City, County and/or State requirements and approval.
G. Development/Impact fees for each dwelling unit will be paid in accordance with
the following schedule:
Water -Pay 100% of the applicable impact fees for each Unit to the city by applicant at
the time the building permit application for that Unit is signed by the City, thereby reserving
requisite water capacity.
Sewer -Pay 100% of the applicable impact fees for each Unit to the city by applicant at
the time the building permit application for that Unit is signed by the City, thereby reserving
requisite sewer capacity.
Police, Fire, Recreation for each Unit - Paid to City by applicant at the time of Building
Permit application for that Unit.
Roads for each Unit - Paid to City by applicant at the time of each Building Permit
Application. Volusia County Impact fees for Roads and Schools - Paid at City Hall by applicant
prior to a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the
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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 Villas at
Massey Ranch development approval and the construction of required infrastructure
improvements and the review and approval of the final site plan.
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 including lift station.
3. Stormwater collection/treatment system, including outfall system.
4. Provide all required pavement marking and signage (stop signs, road signs,
etc.) within the development.
5. Bonds - A Performance Bond may be accepted by the City and shall be 110%
of the costs of all remaining required improvements.
6. Streetlights shall be reflected in the approved Final Site Plan and maintained by
the Homeowners' Association and be installed by the Developer at time of installation of the
infrastructure or prior to the Certificate of Occupancy issuance for the dwelling unit benefiting
from the streetlight.
6. CONSISTENCY OF DEVELOPMENT
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The City agrees .to issue the required permits for the development in the manner defined
in the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code and is compliant with all concurrency
requirements set forth in said documents.
7. PERMITS REOUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of Engineers,
Florida Fish and Wildlife Conservation Commission and Volusia County.
2. City of Edgewater - Rezoning, Final Site Plan approval, all applicable clearing,
removal, construction and building permits.
3. Minimum finished floor elevation of the living area shall be 11.25 feet.
I / DI ImW ul D1 ►Y 1 )I; ul ►Y
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, or as expressly provided or in this
Agreement.
Developer shall establish a mandatory Homeowners Association (HOA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions. The mandatory
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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 stormwater areas within the Villas at Massey Ranch as
common area tract as depicted on the plans. 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 plan approval.
9. 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.
10. 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.
11. 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.
12. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
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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.
13. 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.
14. 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 on competent
substantial evidence that there has been a failure to comply with the terms of this Agreement, the
Agreement may be revoked or modified by the City.
15. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
16. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
17. 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,
Villas at Massey Ranch
Phase II
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Instrument #2021084881 #21 Book:8027 Page:4262
will require City Council approval.
18. 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.
IR 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.
2111 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.
2L 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.
ZZ 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.
Villas at Massey Ranch
Phase II
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Instrument #2021084881 #22 Book:8027 Page:4263
Zai 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:
Bonnie Brawny
City Clerk
Villas at Massey Ranch
Phase II
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)A
Instrument #2021084881 #23 Boo -k:8027 Page:4264
�., , .`r.
Witnessed by:
1
STATE OF FLORIDA
COUNTY OF iClt �e
Instrument #2021084881 #24 Book:8027 Page:4265
JOHN MASSEY
Subscribed and sworn before me this rS4 ti> day of �L) , j , 2024 by means of
physical presence or ❑ online notarization, and who is ❑ personally known to me or
produced the following identification
Notary Public
Stamp/Seal
Villas at Massey Ranch
Phase II
EM
MARIE 3UCKINGNAMPuhhC - State of Floridaission # GG 474374m. Expires Apr 2. 2024gh National. Notary Assn.
17
Instrument #2021084881 #25 Book:8027 Page:4266
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida:
PHASE 11
A portion of Lot 136 and a portion of Lot 1, ASSESSOR'S SUBDIVISION OF THE SAMUEL
BETTS GRANT, according to the plat thereof, as recorded in Map in Map Book 3, Page 153, of
the Public Records of Volusia County, Florida, being described as follows: Commence at the
southwest corner of Wildwood Subdivision Unit 3, according to the plat thereof as recorded in
Map Book 38, Page 35 of the Public Records of Volusia County, Florida; thence North 20° 17'
14" West, along the westerly line of said Wildwood Subdivision Unit 3, also being the easterly
line of said Lot 136 and along the easterly right of way of Massey Ranch Boulevard, a 100 -foot
right of way, as shown on plat of Massey Ranch Airpark Unit I, recorded in Map Book 44, Pages
68 through 70, inclusive, of the Public Records of Volusia County, Florida, a distance of 330.15
feet to the northeasterly comer of said Lot 136; thence South 69° 40' 57" West, along the
northerly line of said Lot 136, a distance of 100.00 feet to the westerly right of way of said
Massey Ranch Boulevard; thence South 20° 17' 14" East, along said westerly right of way of
Massey Ranch Boulevard, a distance of 330.07 feet; thence South 20° 15' 17" East, continuing
along said westerly right of way of Massey Ranch Boulevard , a distance of 427.07 feet to the
southwesterly corner of said Massey Ranch Boulevard; thence continue South 20° 15' 17" East,
along the southerly prolongation of the westerly right of way of said Massey Ranch Boulevard, a
distance of 171.72 feet for the Point of Beginning; thence South 89° 41' 51" East, a distance of
33.91 feet; thence South 07° 01' 00" West, a distance of 121.88 feet; thence South 120 14' 00"
East, a distance of 103.35 feet; thence South 54° 42' 00" East, a distance of 74.30 feet; thence
South 85° 29' 30" East, a distance of 66.54 feet; thence South 46° 06' 00" East, a distance of
43.49 feet; thence South 05° 42' 00" East, a distance of 94.35 feet; thence South 40° 04' 00"
East, a distance of 131.33 feet; thence South 06° 11' 00" East, a distance of 93.29 feet; thence
South 88° 41' 44" West, a distance of 776.77 feet; thence North 06° 16' 50" West, a distance of
611.81 feet; thence South 89° 41' 51" East, a distance of 540.32 feet to the Point of Beginning.
Containing 9.03 acres, more or less.
Villas at Massey Ranch
Phase II
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Instrument #2021084881 #26 Book:8027 Page:4267
EXMIT "C"
TREES
Common Name
Botanical Name
Elm
Ulmus s
Hickory
Carya spp-
Loblolly Bay
Gordonia lasianthus
Magnolia
Magnolia m-andiflora
'
Acer rubrum
Other Oak Species
1
Villas at Massey Ranch
Phase II
Red Bay Persea borbonia
Red Cedar Juniverus silicicola
Persea
Sweet Bay Magnolia virginiana
Sweet Gum Liauidambar stvraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
19
Instrument #2021084881 #27 Book:8027 Page:4268 Laura E. Roth, Volusia County Clerk of Court
X11
PLAN
MASsE,
THE PT! RMANCESBOUP
- DIMENSION
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