HomeMy WebLinkAboutcocc_resolution_no_2019-26_20191217RESOLUTION NO. 2019-26
A RESOLUTION OF THE CITY COUNCIL OF. THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE
DIVISION OF A PARCEL OF LAND OWNED BY WAVE
DEVELOPMENTS, LLC AND LOCATED AT 8801
ASTRONAUT BOULEVARD, CAPE CANAVERAL,
FLORIDA (EXISTING PARCEL ID. 24-37-15-00-817) INTO
TWO (2) LOTS OF RECORD FOR DEVELOPMENT
PURPOSES SUBJECT TO AN EXISTING DEVELOPMENT
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK
8542, PAGE 727 OF THE PUBLIC RECORDS OF BREVARD
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Section 98-66 of the City Code allows an owner of a single parcel of land of
sufficient size that satisfies zoning bulk regulations to divide the parcel of land once to create an
additional parcel of land; and
WHEREAS, Section 98-66 of the City Code authorizes the City Council to approve such
division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and
application process for lot splits; and
WHEREAS, Wave Developments, LLC (hereinafter "Owner") is the owner of certain real
property located at 8801 Astronaut Boulevard, Cape Canaveral, Florida, more particularly
depicted and legally described herein ("Property"); and
WHEREAS, the Property is subject to a Development Agreement previously entered into
by and between Wave Developments, LLC and the City, recorded in Official Record Book 8542,
Page 727 of the Public Records of Brevard County, Florida, under which the Owner has agreed to
construct a multi -phased, tourist related Port of Call Facility on the Property; and
WHEREAS, as contemplated by Section 5(H)(d) of the Development Agreement, Owner
has petitioned the City, pursuant to Section 98-66 of the City Code, to divide said property into
two (2) separate lots, and develop the two lots as one unified and harmonious project compatible
in design, appearance and use with each other; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
City of Cape Canaveral
Resolution No. 2019-26
Page 1 of 3
WHEREAS, at its public meeting on December 4, 2019, the City's Planning & Zoning
Board considered the Owner's Application for a Lot Split and recommended approval to the City
Council; and
WHEREAS, the City Council finds that Owner has satisfied all of the requirements for
lot splits set forth in section 98-66 of the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA HEREBY RESOLVES, AS FOLLOWS:
Section 1_ Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval and Condition of Lot Split.
(a) Subject to the condition stated below, the City Council hereby approves, pursuant
to section 98-66 of the City Code, the division of the real property located at 8801 Astronaut
Boulevard (Parcel Id.: 24-37-15-00-817), and legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference, into two (2) separate lots. Said separate lots are
referred to as Parcels "A" and "B" and more particularly depicted and legally described on
"Exhibit B" as respectively containing 3.106 acres and 1.894 acres, more or less.
(c) Upon recordation of this Resolution in the Official Public Records of Brevard
County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant
to applicable law.
(d) The Lot Split approved hereunder by the City Council shall be conditioned upon
and subject to the Declaration of Covenants which has been accepted and relied upon by the City
Council in conjunction with the approval of this Resolution. A copy of the Declaration of
Covenant, in substantial form, is attached hereto and incorporated herein as Exhibit "C." A
complete original of the Declaration of Covenants shall be executed by the Owner and the City
and recorded separately from this Resolution in the Official Records of Brevard County, Florida.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 4. Severabilitv. If any section, subsection, sentence, clause, phrase word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a
City of Cape Canaveral
Resolution No. 2019-26
Page 2 of 3
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 98-66 of the City Code, the City Clerk
is hereby directed to record this Resolution in the Official Public Records of Brevard County,
Florida in conjunction with or at such time a fully executed and recordable Declaration of
Easements has been delivered to the City by the Owner.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral. However, the Resolution shall not
be binding upon the Property until recorded by the City in accordance with the requirements of
this Resolution.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, this 17th day of December 2019.
ATTEST;
Mia'Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
For the ty of Cape Canaveral only by:
ny A. arganese, City Attorney
Bob Hoog, Mayor
Name FOR
Mike Brown x
Bob Hoog x
Mickie Kellum Motion
Wes Morrison Second
Angela Raymond x
City of Cape Canaveral
Resolution No. 2019-26
Page 3 of 3
AGAINST
Resolution No. 2019-26
Exhibit "A"
LEGAL DESCRIPTION
PER OFFICSAL RECORDS BOOK 5305, PAGE 1185, PUBUC RECORDS OF BREYARD COUNTY, FLORIDA
A PARCEL OF LAND SITUATE IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST. THE CITY OF
CAPE CANAVERAL. BREVAAD COUNTY, FLORIDA, BEING IAGRE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH UNE OF THE SOUTH 3316.80 FEET OF SAID
SECTION 15 AND THE WEST RIGHT-OF-WAY UNE OF STATE ROAD AMA. A 100.00 FOOT
RIGHT-OF-WAY; THENCE S. 37'22'24" E., ALONG SAID WEST RIGHT-OF-WAY UNE, FOR A DISTANCE
OF 1255.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 5. 37'22'24"E., FOR A DISTANCE
OF 452.06 FEET TO THE A POINT OF CURVATURE OF A CURVE. CONCAVE WESTERLY, HAVING A RADIUS
Of 25.00 FEET; THENCE SOUTHEASTERLY AND SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE AND
THE NORTHERLY RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD, UNDEDICATED, HAVING A WIDTH OF
100.00 FEET, THRU A CENTRAL ANGLE OF 10000'12", FOR A DISTANCE OF 43.453 FEET; THENCE
CONTINUE ALONG SAID CENTRAL. BOULEVARD RIGHT-OF-WAY, 5. 62'37'48" W., FORA DISTANCE OF
336.52 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY. HAVING A RADIUS OF
561.05 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF
14'57'08", FOR A DISTANCE OF 146.42 FEET; THENCE N. 37'22'24" W., FOR A DISTANCE OF 374.37
\FI `T; THENCE N. 52'37'36" E., FOR A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING.
Resolution No. 2019-26
COMPOSITE EXHIBIT "B"
4 PAGES
Legal Descriptions for Parcel A and Parcel B
GRAPHIC SCALE so tSKI TCH OF LEGAL DESCRIPTION
om:=
(IN FEET)
I INCH = 100 FEET
SECTION 15
TOWNSHIP 24 SOUTH
RANGE 37 EAST
BREVARD COUNTY, FLORIDA
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ALL OF THE RECORDING INFORMATION CONTAINED
HEREIN REFERS TO THE PUBUC RECORDS OF
BREVARD COUNTY, FLORIDA, UNLESS OTHERWISE
INDICATED. ANY REFERENCE HEREIN TO A BOOK
AND PAGE OR INSINUMLNI NUMI3EN IS A
REFERENCE_ TO THE OFFICIAI RFCORD ROOKS OF
SAID COUNTY, UNLESS INDICATED TO THE
CONTRARY.
SPIRIT REALTY LP
8959 ASTRONAUT BLVD.
24-37-15-00-25
ORB 8404, PG. 336
NOT PLATTED
COMMENCEMENT
N. UNE OF THE
S. 3316.80 FEET
OF SECTION 15
& W. R/W OF SR A1A
RACETRAC PETROLEUM INC.
8899 ASTRONAUT BLVD.
24-37-15-01—•-1
ASTRONAUT BLVD.
RACETRAC PETROLEUM LOT 1,
PLAT BOOK 82, PAGE 13
N5737'36"E 500.00' (D)
POINT OF BEGINNING
NE CORNER OF ORB 5305, PG, 1185
PARCEL "A"
A=1713'02. 135,305.09 SQUARE FEET,
OR 3.106 ACRES, MORE OR LESS.
R=581.05'
L=119.63'
CB=N71.28'25"E LOITICIAL RECORDS
CHD.=119.41' BOOK 5305
OFFICIAL RECORDS (0) —
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L=26.78'
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SIGNING MATE: 10/8/200
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MADE UNDER MY RESPONSIBLE CHARM AND
ARDS AS SET FORTH BY 114E EOM OF
:N NUL' 34-17.D51, FLORIADA ADMINISTRATIVE
472.' OF TN • FIDRIDA STATUTES.
„CHRISTOPHER S. BOWERS P.S.U.
ET.A. CER'T. NO, 5990
THIS SKETCH HIS SEEN PREPARED FOR THE EXcWSWE USE OF THE
PERSONS OR ORGANNUZAT1OH IDENTIFIED BF1AW AND RS
cumnacmoN M9 mote-TRvisFER aLE. AR( COPY HEREOF, TO BE
CONSIDERED VAUO. MUST HE EMBOSSED MTN THE SEAL OF A
REOISTERM SURVEYOR WPLOYED 9U THIS FRM.
WAVE DEVELOPMENTS LLC
EXHIBIT A. SKETCH OF LEGAL DESCRIPTION ONLY.
NOT A BOUNDARY SURVEY.
s soc a ens
Consulting Engineers, Inc,
]J=l Nlfar`xrrCity Blvd. M I1oit e, FL 329.35
PhQ:rr(321)7St.&(18SFox (32l) 7i1-4089-,.1i TTW
SKETCH OF LEGAL k -I SC` TIOk
PARCEL A 1 XH I. BIT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH UNE OF THE SOUTH 3316.60 FEET OF SECTION 15 WITH THE
SOUTHWESTERLY RIGHT—OF—WAY OF STATE ROAD A1A, A PUBUC ROAD RIGHT—OF—WAY 100 FEET IN WIDTH. SAID ROAD
ALSO KNOWN AS ASTRONAUT BOULEVARD, AND RUN 53722'24"E ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY OF A
DISTANCE OF 1255,12 FEET, TO THE NORTHEAST CORNER OF OFFICIAL RECORDS BOOK 5305, PAGE 1185, PUBLIC
RECORDS OF BREVARD COUNTY, FLORIDA, SAID POINT ALSO EIEING THE POINT OF BEGINNING.
THENCE CONTINUE S3722'24"E ALONG SAID SOUTHWE51 tHLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD A DISTANCE OF
234.02 FEET; THENCE DEPARTING SAID SOUTHWESTERLY RIGHT—OF—WAY, RUN S5737'36"W A DISTANCE OF 3E17.01) FEET;
THENCE S37'22'24"E A DISTANCE OF 178.92 FEET TO THE NORTHWESTERLY RIGHT—OF—WAY OF CENTRAL BOULEVARD, A
100' EASEMENT PER OFFICIAL RECORDS BOOK 2497, PAGE 2391, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; SAD
POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 561.05 FEET, A CENTRAL
ANGLE OF 1213'02", AND A RADIAL BEARING OF N24 38'06hf; THENCE FROM A TANGENT BEARING OF 565'21'54'W, RUN
ALONG THE NORTHWLS1ENLY RIGHT—OF—WAY OF CENTRAL BOULEVARD AND THE ARC OF SAID CURVE A DISTANCE OF
119.53 FEET: THENCE DEPARTING SAID NORTHWESTERLY RIGHT —OF --WAY OF CENTRAL BOULEVARD, RUN N3722'24"W A
DISTANCE OF 374.37 FEET; THENCE N52'37'369£ A DISTANCE OF 500.00 FEET TO THE SOUTHWtS'i tRLY RIGHT—OF—WAY OF
ASTRONAUT BOULEVARD, SAID POINT ALSO USING THE POINT OF BEGINNING.
CONTAINING: 135,305.09 SQUARE FEET, OR 3.106 ACRES, MORE OR LESS.
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VALUES PER SHEET
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: 2019-087
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DWG.: 2019-087.DWG
MY II£SPONSIBLE CHARGE MID
AE SET FORTH BY THE BOARD OF
FP, IE1:1+ 15.I-17.O51, FLORIDA ADMIiKSTMTNE
479 529,0F THE EMMA STATUTES.
CHRISTOPHER S. BOWERS P.S.M.
F1.A. CERT. NO, 5990
TFNS SKETCH HIS BEEN PREWRED FOR 711E EXCUUSNE USE OF THE:
PERSON, PERSONS OR OROMIZATION (DENIMS) BELOW AHD ITS
CERTIFICATION US HOH-TRANSFERABLE. AHY COPY HEREOF, TO BE
coRRIDERED VMJD. MUST BE Di90S4ED MWTH 1W SEAL OF A
REO{SIFREO SURVEYOR EMPLOYED BY THIS FIRM.
WAVE DEVELOPMENTS LLC
EXHIBIT 'A". SKETCH or LEGAL DESCRIPTION ONLY.
NOT A BOUND6RY SURVEY.
ORGANsc ssociates
Consulting Engineers, Inc.
04 N 1/arbor C'iiy E11vd, M 1hrrrrrrc FL 32935
Ph,riie021) 75 3 617S.4FlUa 020 Z—6i1Q-!.H 704L'
GRAPHIC SCALE
&, 1 acl
(IN FEET)
INCH =100 FEET
SECTION 15
TOWNSHIP 24 SOUTH
RANGE37 EAST
BREVARD COUNTY, FLORIDA
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2019 Morgoi & Associates Consuting
of
LEGEND:
ORB =
DRAWN:JTH
SKETCH OF LEGAL DESCRIPTION
PARCEL B EXHIBIT "A" POINT OF
PUBLIC RECORDS NOTE: COMMENCEMENT
Al I OF THE RECORDING INFORMATION CONTAINED
HEREIN REFERS TO THE PUBLIC RECORDS CF
BREVARD COUNTY, FLORIDA, UNLESS OTHERWISE
INDICATED. ANY REFERENCE HEREIN TO A BOOK
AND PAGE OR INSTRUMENT NUMBER IS .A
REFERENCE TO 1HE OFFICIAL RECORD BOOKS OF
SAID COUNTY, UNLESS INDICATED TO THE
CONTRARY.
SPIRIT REALTY LP
8959 ASTRONAUT BLVD.
24-37-15-00-25
ORB 8404, PG. 336
NOT PLATTED
4sit
I "57'p8"
44r
5'
CAltt a
017 CS
N. UNE OF THE
S. 3316.80 FEET
OF SECTION 15
& W. R/W OF SR MA
RACETRAC PETROLEUM INC.
8899 ASTRONAUT BLVD.
24-37-15-01-+-1
ASTRONAUT BLVD.
RACETRAC PETROLEUM LOT 1,
PLAT BOOK 62, PAGE 13
N52'37'36"E 500.00' (D) NE CORNER OF
ORB 5305, PG. 1185
Ili CCL "A"
0=12.13'02"
R=561.05'
L=119.63'
CB=N71'28'25"E
CHD.=1 19.41'
POINT OF BEGINNING
N52637' 3fi"E
LOFFICIAL RECORDS
BOOK 53°5 PG. 11851
A-2'44'06"
R=561.05' PARCEL "B"
L=26.78'
CB=N63'59'51 "E
CHD.=26.78'
S62.3 7•
48"iW 336•52'%Q..%
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A ORBtAisaf PARCt& 2
EASEMENT
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CHD.BY: CSB
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MEETS THE MINIMUM TEO
PROFS SIOWIL SURVEYDRS AND,
COOS, PURSUIWT_ TO
SIGHING RATE» 10/8/2019
(D) =
PR
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DEE• VALUES PET SHEET
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2019-087
VON
DWG.: 2019-087.DWG
UNDER NY PALE CHARGE AND
AS SET FORTH BY THE BOARD OF
ROM SJ-17.051, FLORIDA ADMINISTRATIVE
7'1.0 7 OF THE FLORIDA STATUTES.
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CHD.=38.30' '
THIN SKETCH HAS BEEN PREPARED FOR THE EXCLUSNE USE OF THE
PERSON. PERSONS OR OIL I112ATION IDENTIFIED Banw AND IFS
CERTIFICATION IS NON-TRAHSFEMBLE. ANY COPY HEREOF, TO BE
CONSIDERED VISCID, MST BE EMBOSSED WITH THE SEAL OF A
REDISFERED SURVEIOR EMPLOYED BY THIS FIRM.
WAVE DEVELOPMENTS LLC
EXHIBIT 'A". SKETCH OF LEGAL DESCRIPTION ONLY.
NOT A BOUNDARY SURVEY.
ORGAN
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Consulting Engineers, Inc.
¶0 ;1 H; rhorCil ilh^f. lfi[lbrur k: !'!_ 32935
Phan G121! 751.608 Fat {311) 75P -059 - LB 7040
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SKETCH OF LEGAL HI SCI' !'PT1'O.'
PARCEL B EX1 `I F ' IT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SECTION 15 WITH THE
SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD, A PUBLIC ROAD RIGHT—OF—WAY 100 FEET IN WIDTH, SAID
ROAD ALSO KNOWN AS STATE ROAD AIA, AND RUN S3T22124"E ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY, A DISTANCE
OF 1255.12 FEET, TO THE NORTHEAST CORNER OF OFFICIAL RECORDS BOOK 5305, PAGE 1185, PUBUC RECORDS OF
BREVARD COUNTY, FLORIDA; THENCE CONTINUE S37'22'241 ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT
BOULEVARD A DISTANCE OF 234.02 FEET, TO THE POINT OF BEGINNING.
THENCE CONTINUE S3T2724"E ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD A DISTANCE OF
218.04 FEET TO THE POINT OF CURVATURE OF THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
25.00 FEET, AND A CENTRAL ANGLE OF 100'00' 12"; THENCE RUN ALONG THE ARC OF SAID CURVE A LENGTH OF 43.83
FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT ALSO LYING ON THE NORTHWESTERLY RIGHT—OF—WAY OF
CENTRAL BOULEVARD, AN EASEMENT 100 FEET IN WIDTH PER OFFICIAL RECORDS BOOK 2497, PAGE 2391, PUBUC
RECORDS OF BREVARD COUNTY, FLORIDA; THENCE RUN S63'37'48"W A DISTANCE OF 336.52 FEET TO THE POINT OF
CURVATURE; THENCE RUN 582'37'48"W ALONG THE NORTHWES FU LY RIGHT—OF—WAY OF CENTRAL BOULEVARD A DISTANCE
OF 336.52 FEET TO THE POINT OF CURVATURE OF AN ARC, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 561.05 FEET,
AND A CENTRAL ANGLE OF 744'08'; THENCE RUN ALONG THE ARC OF SAID CURVE A LENGTH OF 28.78 FEET; THENCE
DEPARTING SAID NORTHWESTERLY RIGHT—OF—WAY OF CENTRAL BOULEVARD, RUN N37*2724"W A DISTANCE OF 178.92 FEET;
THENCE 1+152'37'364E A DISTANCE OF 387.00 FEET TO THE SOUTHWESTERLY RIGHT—OF—WAY OF ASTRONAUT BOULEVARD,
SAID POINT ALSO BEING THE POINT OF FIFGINN1NG.
CONTAINING: B2497.44 SQUARE FEET, OR 1.894 ACRES, MORE OR LESS.
ulting Engineers, Irc.
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LE3END:
ESMT, = EASEMENT (D) = UEE[3 VALUES PER r
ORB = BOOK BOO
RECORDS O 305 MC C RDS
PAGE 1 185 2 OF 2
RiVi = RIG { —`
DRAWN:JTH CHD.BY: CSB 'f+ 19-087 IDWG.: 2019-087.DWG
SHEET
PROJE
CERT1` ON
I HEREBY CERTIFY THAT THIS
MEETS E MINT -
CODE. PURSUANT-YO
MY RESPONSIBLE CHARGE AND
SET FORTH BY THE BOARD OF
RULE .Se1-17)351. FLORIDA IrDMMIBSIRATWE
027 OF T'E FLDRIDA STATUTES.
CHRISTOPHER S. BOWERS P.S.M.
b CERT. jM01 5990
TMIIS SKETCH HAS BEEN PREPARED FUR THE EXCLUSIVE USE Of THE
PERSON. PERSONS OR ORGANIZATION I)(NWIED BELON MD fIS
CERTIFICATION IS NON-TR14 BLE. ANY COPY HEREOF, TO BE
CONSIDERED VAUD, MUST BE EMBOSSED WITH 11E SEAL OF A
MASTERED SURVEYOR DIPLOhEM Fff THIS FNRAL
WAVE DEVELOPMENTS LLC
EXHIBIT A. SKETCH OF LEGAL DESCRIPTI
NOT A BOUNDARY SURVEY,.
ORGAN
ci t
Consulting Engineers, Inc.
srrrN I,Johorr'i 13hrr1,Abell utm. Fi. 12V5
Phone (32; } 751-fiO X Fax M1) 751.60 89 — LA 7040
Prepared by and retum to:
Mitchell S. Goldman, Esquire
96 Willard Street, Suite 302
Cocoa, FL 32922
Resolution No. 2019-26
Exhibit "C"
DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS is made this day of
20 , by Wave Developments LLC, a Florida limited liability company ("Wave").
WHEREAS, Wave owns that certain real property described in Exhibit "A" attached hereto
("Parent Parcel"); and,
WHEREAS, Wave wants to split out and separate a portion of the Parent Parcel as
described in Exhibit "B" attached hereto ("Split -Out Parcel"); and,
WHEREAS, Wave will own the real estate described in Exhibit "C" once the Split -Out
Parcel is recorded ("Remaining Parcel"); and
WHEREAS, the City of Cape Canaveral ("City") will not permit the proposed lot split
absent certain assurances from Wave as set forth herein;
WHEREAS, this Declaration of Covenants is being recorded in accordance with the
requirements of Section S.H. of the Port of Call Facility Development Agreement between Wave
and the City, which is dated November 17, 2019 and recorded at Brevard County Official Records
Book 8542, page 727 ("Development Agreement"); and
NOW THEREFORE, for good and valuable consideration, Wave declares as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. As a condition of the proposed split out and development of the Split -Out Parcel,
the City will require that Wave comply with all applicable building and zoning requirements. In
addition, as to both the Split -Out Parcel and Remaining Parcel, Wave hereby grants each respective
Parcel a blanket easement over the other for purposes of: (a) legally adequate parking for the Split -
Out Parcel and Remaining Parcel; (b) legally adequate drainage, stormwater, and utility easements
and agreements servicing the Split -Out Parcel and Remaining Parcel; and, (c) legally adequate
access to and from the Split -Out Parcel and the Remaining Parcel.
3. These covenants shall run with the land forever, and are not subject to the doctrine
of merger because Wave owns both the Split -Out Parcel and Remaining Parcel. However, should
Wave decide not to proceed with recording the Split -Out Parcel, it may terminate this Declaration.
Dated this day of , 20 .
Witnesses: Wave Developments LLC
By:
Print Name: Oshri Gal, Member
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
, 20 , by Oshri Gal, as Member of Wave Developments LLC.
Notary Public
Personally Known ❑ or Produced Identification ❑
Pursuant to the terms and conditions of Section S.H. of the Development Agreement,
this Declaration of Covenants is hereby accepted and relied upon by the City of Cape Canaveral
as a condition of the aforementioned split out and development of the split -out parcel.
Todd Morley, Interim City Manager