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RECORDED DEVELOPMENT AGREEMENT AND COPY INST # 97-065472 I MAR 10, 1997 . 3 : 33 PM I DEVELOPMENT AGREEMENT PINELLAS COUNTY FLA. OFF.REC.BK 9633 PG 1774 ~ ~ THIS AGREEMENT is entered into this 13 day of , 1997, between the CITY OF CLEARWATER, FLORIDA, a munici al corporation organized and existing under the laws of the State of Florida ("City"), P.O. Box 4748, Clearwater, Florida 34618-4748, and DEMETRE LOULOURGAS ("Developer"), 1351 North Arcturas Avenue, Clearwater, Florida 34623. RECITALS: .::1 A. Developer is the fee simple owner of 3.994 acres of - ~ land situated within unincorporated Pinellas County and located AI!COROI"G . ~OQQJ.Q.. west of Hercules Avenue and south of Grand Avenue. The entlre - tract is more particularly described in Exhibit "A", attached I ( t() , ~ hereto and incorporated herein by reference ( "Property") . The 5 parcel is to be developed for manufacturing, industrial, warehouse, office, and like uses; and B. Developer desires to develop the property in a scheme 'l.t more particularly described and depicted on the plan attached lllQ,5{)."lhereto as Exhibit "B" ("Conceptual Plan"). The Parties mutually o desire to consummate a development agreement pursuant to the below-referenced authority, such that Developer can develop his property pursuant to the Conceptual Plan and City can. annex the Property and further to provide terms and conditions governing such actions; and C. City is empowered pursuant to Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Code of Ordinances Sections 36.111 through 36.126, to enter into development agreements with the ~ owners of real property. ~ ~ e D. A public purpose exists for the development of the J1 ! ! = ~property as provided in the Agreement in that the Agreement will a~S.~ensure the annexation of real property into the City of Clearwater ~i=~8with concomitant tax revenue and retention of the subject business ~ 0 ~ a Uland associated employment in the Clearwater area. ~~~~~ ~ = ~ WHEREFORE, in consideration of the mutual promises and _ g 2 a; undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ~ ~ 'it /;/" Ji ....~ / (/, I PILELLAS COUN. TY FLA. OFF.R~C.BK 9633 PG 1775 PART I: MUTUALLY BINDING GENERAL PROVISIONS 1. Recitation of Facts and Mutual Commitments. The above recitations are true and correct and are incorporated herein by this reference. 2. Legal Description and Ownership. . The Property to which this Agreement applies is legally described in Exhibit "A", which is incorporated herein by reference. Demetre Loulourgas is the owner of the Property. 3. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 4 . No Waiver of Impact. Other Fees. This Development Agreement provides for no waiver of impact fees. Impact fees, capacity fees, connection fees, and any other fees which are known to be due are described in Paragraph 25. below; fees specifically anticipated are set forth in Paragraph 14. below. Developers shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City'S ordinances. 5. Authority. This Development Agreement in entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Code of Ordinances Sections 36.111 through 36.126, and the terms of said statutory and code ..sections are incorporated herein by reference. 6. Effective Date of Development Agreement. The effective date of this Development Agreement is the thirty-first day following the date this Development Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239 and Code of Ordinances Section 36.121. In the event of a court challenge to this Development Agreement by a party or non- party, the parties will reconsider the effect of this Agreement and Developer shall have no ongoing obligation to defend this Development Agreement. 2 I PINELLAS COUNTY FLA. OFFIREc.BK 9633 PG 1776 7. Duration of Development Agreement. The duration of this Development Agreement shall be five years from the Effective Date hereof. The duration of this Development Agreement may be extended pursuant to Code of Ordinances Section 36.114 upon the agreement of both Parties and approval by the Clearwater City Commission following a public hearing in accordance with Florida Statutes Section 163.3225. 8. Consistency with Comprehensive Plan and Land Development Regulations. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and land development regulations. 9. Amendment: Cancellation. This Development Agreement may be amended or canceled by mutual consent of the Parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Code of Ordinances Chapter 36, Article V. 10. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by anyone of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR CITY: FOR DEVELOPER: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 Demetre Loulourgas 1351 North Arcturas Avenue Clearwater, FL 34623 With copy to: With copy to: 3 I IINELLAS COUNTY FLA OFF.REc.BK 9633 PG 1777 Director of Central Permitting Gerald A. Figurski, Esquire (same address) 2435 U.S. Highway 19 North Suite 350 Holiday, FL 34691 11. Successors Bound. This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the Parties hereto. 12. Failure of Development Agreement to Address Restrictions. Etc. The failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Developer of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 13. Recordation. Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. In the event Developer should request at any time during the term of this Agreement confirmation from City that Developer is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Developer is not in compliance with this Agreement, City shall forward within that ten (10) -day period a specific enumeration of those items as to which City believes Developer is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Developer is in compliance with this Agreement. 14. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the Property at the time of the execution of this 4 I PINELLAS COUNTY FLA OF{.REc.BK 9633 PG 1778 Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Developer of specific agenda items to be heard and potentially applied to Developer, and has determined, by the making of specific findings of fact, that said ordinances and policies are: this land the (a) Not in conflict with the laws and policies governing Development Agreement and do not prevent development of the uses, intensities or densities as allowed under the terms of Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and ( e) Are have occurred approval of determination substantially adopted subsequent to substantial changes which in pertinent conditions existing at the time of the this Development Agreement or subsequent to a that the Development Agreement is based on inaccurate information supplied by Developer; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; 5 ~NELLAS COUNTY FLA. OFF.REc.BK 9633 PG 1779 (b) Any ordinance or policy which shall be adopted by City accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; I (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's Land Development Code. (4) The prOV1Slons contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, expiration of this Development Agreement, all shall be applicable to the Property regardless Development Agreement. cancellation, or then-existing codes of the terms of the 15. Modification or Revocation to Comply with SubseQJlently Enacted State and Federal Law. If any state or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 16. Periodic Review of Develo,pment Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon thirty (30) days' notice to Developer if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. 6 I I PINELLAS COUNTY FLA. ~FF.REC.BK 9633 PG 1780 Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Developer's noncompliance, Developer shall have ninety (90) days within which to cure said non-compliance and upon Developer's curing said non- compliance City's action shall become null and void. 17. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Developer and City shall additionally be able to enforce this Agreement as may be provided by law. 18. Drafting of Development A.greement. The Parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 19. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral or written. This Development Agreement may be modified or amended only by a separate writing signed by all Parties hereto. 20. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 7 I I PINELLAS COUNTY FLA. O~.REc.BK 9633 PG 1781 PART II: DEVELOPER'S PERFORMANCE OBLIGATIONS 21. Recital. This Part delineates those specific acts which must be complied with unilaterally by Developer. 22. Annexation. Concurrent with the approval of this Development Agreement City shall consider the pending application by Developer of Annexation of the Property into the City. City understands and agrees that Developer's application for annexation is wholly contingent upon City's Approval of this Development Agreement. Developer shall not be required to pay any fee to City for said annexation application. 23. Developer'S Obligation to Construct Project. Developer agrees to construct the Project as depicted on Exhibit "B" within five years of the Effective Date of this Development Agreement. The time table by which the project is anticipated to be completed is: Phase One is anticipated to be completed during the calendar year 1997; Phase Two is anticipated to be completed within five (5) years from date of commencement. 24. Local Development Permits: Execution Contingent U~on Certain Approvals. Developer shall be required to obtain all necessary site plan approvals for each stage of the development consistent with the Conceptual Plan, building permits, and regulatory agency permits, including any Southwest Florida Water Management District permits, water distribution and wastewater collection permits, certificates of capacity as required by City Code Section 36.142, recreation and open space requirements, and other development permits as customarily needed for the improvement of real property. These permits shall be obtained at the sole cost of Developer. It is understood by the parties that annexation as applied for in Developer'S Petition for Annexation dated December 4, 1996, and on file with City, will be processed concurrently with a Resolution approving and adopting this Development Agreement, and that said Development Agreement shall be adopted prior to the annexation and the adoption of the annexation shall be conditioned such that in the event the parties do not execute the Development Agreement or in the event the Development Agreement does not take effect or is held to be void 8 I OF~~;~~~;S9i~~NTY FLA. PG 1782 then the annexation shall likewise be considered ineffective and void. Developer's execution of this Agreement shall therefore b~ contingent upon the prior approval of said annexation. 25. Impact Fees. Etc. The increased impacts on public facilities or public services attributable to the development, and the cost of capital improvements to meet the associated demand on such facilities or services, shall be assured by payment to City, at such time as is specified in City Code, of City'S impact fees required by ordinance of general application then in effect, as well as by payment by Developer of applicable utility system development fees. 26. Engineering ReQJlirements. Developer shall be required to relocate any existing anodes for the gas transmission gate station which are located within the Easement. Developer will meet all standard Engineering development requirements for the final site and retention pond development. Drainage retention pond placed in the Easement will be a "dry" pond design. 27. Landscaping. The landscaping of the Property shall be in compliance with City'S Code for said uses. The Developer shall landscape the northerly side of the entrance into the Clearwater Airpark between the Airpark entry driveway and the Property including the existing fenced natural gas gate station. The landscaping around the gas transmission gate station shall be of sufficient size, quality and quantity to create a vegetative visual screen and the landscape plan approved by the Engineering Department prior to installation. PART III: CITY'S PERFORMANCE OBLIGATIONS 28. Recital. This Part delineates those specific acts which must be complied with unilaterally by City. 29. Drainage Retention Area. City acknowledges Developer currently employs 120 individuals at his plant in unincorporated Pinellas County. After the plant expansion within the City contemplated herein, Developer anticipates that he will ultimately 9 I PINELLAS qFF.REC.BK 9~~~NTY FLA. · PG 1783 employ a total of 300 employees, or an additional 180 employees. City further acknowledges the location of Developer's business operation within the City's corporate limits will generate significant additional tax revenues. In recognition thereof and in further consideration of other benefits to be provided City as set forth herein, the City will convey to Developer a non- exclusive drainage easement to construct, maintain, and operate a stormwater drainage retention pond over, under, and across a portion of real property owned by the City which lies between the Property and the City'S Executive Airport, said portion being legally described on Exhibit "C", attached hereto and incorporated herein by reference. ("Easement") This Easement shall automatically terminate upon a material change or expansion in uses of the Property beyond the uses authorized by this Agreement and the City'S associated zoning ordinance. In further consideration therefor, Developer agrees for so long as Developer uses such easement to maintain the easement, to comply with all laws and ordinances applicable to such Easement, and to landscape the Easement and the Property with appropriate hedges and trees as shown on the Conceptual Plan. The drainage retention area shall be designed to drain completely dry and be easily mowed and maintained. Developer shall provide all maintenance of retention pond including mowing of grass. City specifically finds that the Easement is surplus to the City's needs. 30. Zoning. Pursuant to the above-referenced annexation application by Developer, the Property will be annexed into City under a zoning classification of I-L allowing for industrial manufacturing, warehouse, office, and other like uses. City hereby acknowledges that Developer has applied for, and has met all the prerequisite obligations for annexation of the Property. 31. Public Facilities. Public facilities that will service the development shall be: roadways; disposal; sewer; water; solid waste pickup and recycling; gas; cable television. City hereby warrants and represents that all of the above facilities which are City-provided utilities shall be available to Developer and its successors in interest at the time of annexation to assure their provision concurrent with the impacts of development. Developer, however, shall be liable for all impact, carrying capacity, connection, and other fees associated with such facilities. 10 I PINELLAS fFF.REC.BK gCOUNTY FLA. 633 PG 1784 32. Overflow Parking and Parking Variance. City acknowledges Developer intends to use a portion of a parcel of land owned by Developer east of Arcturas Avenue and north of Overlea Street in Clearwater to meet a part of the parking requirements of City for this development, all as shown on the Conceptual Plan. ("Remote Lot"). City further acknowledges the number of parking spaces on the Property as shown on the Conceptual Plan plus the Remote Lot will provide one hundred (100) parking spaces less than required by the City'S Code. Developer has filed an application with the City for a variance from such parking requirement to allow one hundred (100) less spaces than required and a variance to allow use of the Remote Lot. City understands and agrees that Developer'S application for annexation and this Development Agreement is wholly contingent upon approval of these variances. 33. Greenspace Variance. City hereby acknowledges Developer has filed a variance application to vary from the Code requirement of fifteen percent (15%) green area for this type of project to allow a requirement of only twelve and 4/10th percent (12.4%) more or less green area. City understands and agrees that Developer'S application for annexation and this Development Agreement is wholly contingent upon approval of this variance. 34. Site Plan. City shall be obligated to approve a site plan for the Property in compliance with those development characteristics as hereinbelow provided upon submission of a site plan approval application by Developer which meets City Code requirements, payment of application fee, and compliance with any other prerequisites of City Code and this Development Agreement. The Conceptual Plan shall not be deemed a substitute for any site plan required by City'S development code. 35. Review Period. Any submittal to City staff made by Developer for the purpose of obtaining development approvals which is complete and meets all City Code requirements shall be initially reviewed by the necessary City staff members and full and complete review comments shall be provided to Developer within fourteen (14) days of said complete and compliant submittal. 11 I I PINELLAS COUNTY FLA. OFF.REc.BK 9633 PG 1785 PART IV: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS 36. Recital. The development conditions as enumerated in this Part are those characteristics which City agrees to approve by and through the site plan approval process, assuming that Developer meets the conditions set forth in this Development Agreement, and with which Developer agrees to comply. Both parties hereby agree to implement these conditions by their respective actions. 37. Development Approval Process. Development for the Property shall be examined for approval and approved, if at all, in compliance with the Conceptual Plan and this Development Agreement. In the event of a conflict between the Conceptual Plan and this Development Agreement, this Development Agreement shall control. No amendment of any regulation, code, ordinance, or policy of general application in the City adopted subsequent to the Effective Date of this Development Agreement shall preclude the type of use or amount of floor area set forth in the Conceptual Plan. 38. Required Permits. The following department permits are required to be approved for development of the property: Si te plan approval; Southwest Florida Water Management District permits; Florida Department of Environmental Protection permits; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Developer. In the event said development permits are not obtained by Developer, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Developer thereunder shall not vest any development rights in Developer, nor shall it constitute partial performance entitling Developer to a continuation of this Development Agreement. 39. DevelQpment Uses Permitted. Development uses permitted on the Property shall be limited to the following uses consistent wi th the Conceptual Plan: manufacturing, industrial, warehouse, 12 I PINELLAS COUNTY FLA. OfF.REc.BK 9633 PG 1786 office, and like uses; maximum 107, SOO-square-foot gross floor area to be constructed in two (2) phases and maximum 44% of gross site area building coverage development, to be built in two (2) phases. Maximum permissible height shall be thirty-five (35) feet. 40. Setbacks. The minimum setback requirements for principal and accessory structures shall be as specified for the I-L zoning district. 41. Availability of Infrastructure. The roads, landscaping, and other internal, Developer-provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 42. Utility Installation: Site Lighting. Developer shall install all utilities underground where practical and shall screen all utility facilities. Developer shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 43. Parking. Developer shall provide parking on the Property pursuant to the Conceptual Plan consistent with all provisions of the technical building codes in effect at the time of application for the building permit for those improvements. 44. City Cooperation. City shall cooperate with Developer in any reasonable manner such that both Developer and City can comply with the terms of this Agreement. Specifically, as long as Developer proposes development improvements consistent with this Agreement, City will join in any drainage permit applications or other similar permit applications as needed to complete the scheme anticipated herein; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable :for any attorney's fees or costs of said litigation. 45. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related 13 I IINELLAS COUNTY FLA. OFF REC.BK 9633 PG 1787 thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, the Parties, by their duly authorized undersigned representatives, have executed this Development Agreement on the date and year first above written. Countersigned: ~ CITY OF CLEARWATER / By: Eliza City _Rita Garvey, mmissioner Approved as to form and legal sufficiency: Attest: :t.t/f< . J< iJ..rf-c ~ Leslie K. Dougall-Sldes Assistant City Attorney ~~ [: 1.1.,. !i... - CynthiQ E. Goudeau City Clerk DEVELOPER: Witness ~~~~ Demetre Loulourgas ~ Date signed: 2 -2L1.. 9 ,~) r 14 . - I Mortgagee: assett, Indlvidually as t undivided one-half interest and Robert J. Bassett, as successor trustee of the Margaret J. Bassett U/T/D December 18, 1987, as amended, as to an individual one-half interest ~INELLAS COUNTY OF~.REC.BK 9633 FLA. PG 1788 ~s'llt;nzkt- 15 EXHIBIT "A" otPINELLAS COUNTY FLA .REC.BK 9633 PG 1789 I Legal Description of the Property Commence at the Southeast corner of the Northwest 1/4 of Section 12, Township 29 South, Range 15 East, Pinellas County, .Florida; thence N. 00016'59" B. along the East line of the Northwest 1/4 of said Section 12, a distance of 208.58 feet; thence N. 89021'30"W.,' a distance of 50.00 feet to the Westerly right-of-way of Hercules Avenue for a Point of Beginning; thence continue N. 89021'39" W.a distance of 145.20 feet; thence N. 00016'59" B. a distance of 0.05 feet; thence N. 89020'05" W. a distance of 434.80 feet; thence N. 00016'59" B. a distance of 300.00 feet; thence S. 89020'05" E. along the southerly right-of-way of Grand Avenue, a distance of 580.00 feet; thence S. 00016'59" W. along the Westerly right-of.-way line of Hercules Avenue, a ~istance of 300.00 feet'to the point of beginning. Parcel contains 3.994 acres more or less. I ..1 . I I i ! ~. . ~\ I, I: ---- ...--' , . I: I EXHIBIT RBR Conceptual Plan I PINELLAS COUNTY FLA. OFF.REC.BK 9633 PG 1790 I I I , ; , I I ; I ! i I j I I I , I , f ! I I J ~. lM(O~1fG={J Noh:: Jh~ is not a surw~ GRANO AVE. -- .-.- --- - '- - -.--- - '- - \ 1\\fU 0\ C\<.S O~ D Of(\ODt O~MO(~ P 3\<( p6 .39 I ":R \at I PINELLAS COUNTY FLA OFF.REC.BK 9633 PG 1791 . - "--:0--. \ CD ~ < '-' I- U <( -':""-:-~ .... -. . . . 4/~ . .oQr~ (eo .' . . " "'tSt. AUERICAN TOOl AND "0\,0 EASCMENT .", .... . G1iD ." on ! .; 8 ~ z . '. st Cor of. NW. '/4 . . of See 12'-2v-l~ . .. . . . .. .. .. . Commence at ttt. Sout"~t eotnw of trr. Nottll....t 1/4 of Section 12. To.nsnip 29 Sovu., 'Range 15 East. Pinel'.. County. ~wida; theftc. ,,,,, ~OO'I5'~I.Eost ofong ttre East 'lno of tne Narth"est 1/4 of $Oiel SeCtion 12. 0 di.tGl'l~. of '08.!>e feet; \henc. run N enl'JO"" ~,!~t a dlatQl\ce o. ~.OO feet to U\c Wat..." right-of-wo" r.". .f Het'c"'.. A~u.. 'or tl'lc POINT Of: 8(alNNlNG, woilI point a1~ boin9 u-. SOUU.WCI.t COrner or CI porco' or fond dHcr.CS to OOr'n~tr. lOulO\lr;as 03 recorded In OfflciQI Jt~ 800k .'91, pog.S tC~7 o"d 1~$4S of u.. Ji'"b'ic R<<ords Or PInel/os Count~ Florida; ~.CWltit1v. H 89'"21',30"' W.at 0 distonce or '.0.00 fect; '''ence 'un 500'6.5'. Weal. loe.oo r..t; t"'en~ f'IIn S 89"21'30- (at, '.0.00 f..t to tn. Westerl)l ricp\t-o'-lIlICI)' r.,.,. .f Hercvla Avt!I'I\Ie; "'enc. ",,, Nocne'~9. f'v,t oIvn9 -.rid wo:!slerl7 l"igPlt-o'-woy 'ine of Hen:vles A~~a to tho POB.. --- ----- - SEE PLANS IN FILE