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HomeMy WebLinkAboutSpecial Exception Package Submittal , TRANSMITTAL A'1 K I N S 7175 Murrell Road- Melbourne, Florida 32940 Telephone (321) 242-4942. Fax(321) 242-6101 www.atkinsglobal.com/northamerica DATE: September 23, 2014 TO: David Dickey/Susan Juliano JOB#: 100040801 City of Cape Canaveral County— Planning Dept SUBJECT: Al A&Cape Shores Cumberland 7510 N.Atlantic Avenue, PO Box 326 Farms—Special Exception Cape Canaveral, FL 32920 Package Submittal (321) 868-1206 ext 11 WE ARE SENDING YOU THE FOLLOWING ITEMS: ❑ Shop Drawings ❑ Prints ❑ Specifications ❑ Samples ❑ Copy of Letter ❑ Change Order ❑ Diskettes ❑ Copy of Letter ® Attached ® Plans ❑ Under separate cover via COPIES DATE DESCRIPTION 1 9/19/14 Survey(signed) 1 8/18/14 Special Exception Application Package 1 8/18/14 Special Exception Application Fee-$250(check#1525)- 1 8/18/14 Opinion of Title 1 8/18/14 Owner's Authorization Letter 1 8/18/14 Radius Search Package and mailing labels 1 8/18/14 Legal Description 1 9/23/14 Site Plan THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Reviewed, No Comments ❑ Resubmit copies for approval ® For your use ❑ Reviewed, Comments as noted ❑ Submit copies for distribution ® As requested ❑ Rejected, Revise&Resubmit ❑ Return corrected prints ❑ For review and comment ❑ For bids due ❑ Diskettes returned after loan to us ❑ Other—for signature. ❑ Other—See Below. ❑ Other- REMARKS: •Jeff SIGNED: Jeffrey Lucas, P.E. DISTRIBUTION: file; if enclosures are not as noted,kindly notify us at once FORM NO.CIS070.01 kj CITY OF CAPE CANAVERAL 0x CE 4,d 44,, i Ar --4,:it ,_,. _ a CITY OF CAPE CANAVERAL SPECIAL EXCEPTION APPLICATION PACKET Instruction sheet 2 Submittal Checklist 2 Information Sheet 3 & 4 Worksheet 5, 6 & 7 Radius Package Instructions 8 PD - Special Exception Application - 101411 Page 1 City of Cape Canaveral SPECIAL EXCEPTION Instruction Sheet A pre-application meeting with the City Planner is required prior to completion and submittal of a Special Exception application. The Special Exception application shall be prepared in compliance with the requirements of Chapter 110, Sections 110-38 & 110-39 of our code. To access our code visit www.cityofcapecanaveral.orq; from the homepage select City Code of Ordinances; and click on the link to municode.com. You and/or representative are required to attend the meetings at which your request will be considered. You will be notified of the dates and times of meetings. Meetings are held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL 32920, unless otherwise stated. The following items must be included for there to be a complete and reviewable submittal. If all items are not included at the time of submittal the application will not be accepted. Special Exception Application Submittal Checklist 1. x Completed Information Sheet 2. x Authorization to represent property owner, if applicant is not the owner. If tenant: Notarized letter of authorization. Letter of Authorization from If Other: Written Power of Attorney. Owner was informed to be ok and is provided 3. X Payment of application fee ($250) and escrow deposit (escrow fees are to cover costs of application review, notification of surrounding property owners, etc. and the amount is determined when the application is submitted). 4. X Radius package from Brevard County, including: a radius map, three (3) lists of properties located within 500 ft. of the subject property; one (1) set of mailing labels (instructions on page 8). 5. x Legal description along with certified survey or map from Brevard County Property Appraiser depicting property boundaries. 6. X Copy of recorded deed or 1Jpinion of Title for subject property. 7. X Certified survey or site plan (scaled drawing of subject property depicting boundaries, all structures, and parking. PD- Special Exception Application - 101411 Page 2 City of Cape Canaveral SPECIAL EXCEPTION Information Sheet Description of Request: (Insure that the specific code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. The sole basis of SE request is due to development being a service station use (Sec 110-334 (c) . Preliminary meeting informed that outdoor patio seating may require SE. Unknown at this time but if so, it is requested to be part of the overall request . Address of requested Special Exception: SW Corner of Cape Shores Circle & A1A (multi-parcel frontages; 260 Cape Shores Circle is of largest parcel) Name of Project (if applicable): Cumberland Farms - A1A/Cape Shores Legal description: Lot(s) 00 Block 251 Subdivision 00 Section 26 Township 24 Range 37 Future Land Use and Zoning designations: C-1 Commercial /C1 - Commercial Owner and Applicant Information: I am the property owner. Owner's Authorization Letter provided to suffice I am a tenant. (Attach notarized letter of authorization). • X I am authorized agent other than a tenant: Owner(s) Name: B&B Enterprises of Cape Canaveral LLC - Robert Baugher Mailing Address: 2210 S. Atlantic Ave, Cocoa Beach,FL 32931 Phone number(s): 321-784-2318 Email(s): bbaugher@cfl.rr.com Authorized Agent Information (if applicable): Name of Authorized Agent: Kathleen Sousa - Cumberland Farms (Jeff Lucas is Agent by proxy for Kathleen Sousa) Mailing Address: 100 Crossing Blvd Framingham, MA 01702 Phone number(s): 508-270-1400 Email(s): ksousa@cumberlandgulf.com Please send all correspondence to Jeff Lucas at jeffrey.fucas@atkinsglobal.com; ph# 321-775-6647(see attached letter of authorization) PD- Special Exception Application- 101411 Page 3 City of Cape Canaveral SPECIAL EXCEPTION Information Sheet—Cont'd I hereby attest that all information, sketches and dat. contained and made part of this request are honest and true to the best of my kn• , edge and belief. Signature of Applicant: frey Lucas , Authorized Agent for State of Florid Kathleen Sousa County of 13 r-eVQrcd Sworn to and subscribed before me on this 20i day of -- cf L L 5 F , ,,,_ 20 �J by e-tet `� a-S ,2'llwho is personally J )c known, or 0 produced i.d. — Type of i.d. Signature of Notary: --)1q__ AA_Ag C>) --17_,,e_t__ Notary Seal: " ,+►a, Notary Public State of Florida Mary Jo Hill '34 3= d� My Commission EF:196037 poi r� Expires 05/06/201b NOTE : It has been informed that the site will receieve a new addressl of 6455 N. Atlantic Avenue Cape Canaveral , FL 32920 PD-Special Exception Application - 101411 Page 4 City of Cape Canaveral SPECIAL EXCEPTION Worksheet An applicant for a Special Exception is required to meet with the Planning Director prior to completing and submitting the application. The following worksheet will be used to evaluate the requested Special Exception. A Special Exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, etc. would be appropriate. A Special Exception will promote the public health, safety morals, order, comfort, convenience, appearance, prosperity or general welfare of the neighborhood community. It is the applicant's responsibility to make a case for the requested special exception and this worksheet is the criteria by which the Planning & Zoning Board will make its recommendation and Board of Adjustment will make its determination. Nature of Special Exception Describe what you are proposing to do and why. Describe in writing and prepare site plans, floor plans, architectural renderings, photos, etc. as necessary to fully describe the Special Exception requested. Impact to surrounding properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the inherent project nature provides convenience to the location and compatible corridor use on AlA/adjacent facilities . 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. Compatibility is satisfied by improved aesthetics along with proper screening and buffering. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No.Trip volumes are internalized and captured due to inherent project nature. Connectivity & driveway volumes should suffice vicinity. A traffic study will be provided. 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, traffic, stormwater runoff, or other offsite impacts? No . these aspects will be properly contained or controlled within adopted standards . 5. Will there be adequate screening, buffers, landscaping, and open space, etc. to mitigate any adverse impacts of the SE? Yes, an aesthetically pleasing finish, landscape, & open space plan will be provided. It will replace the dilapidated and abandoned structures within the project limits to bring added value to the community. PD- Special Exception Application- 101411 Page 5 City of Cape Canaveral SPECIAL EXCEPTION Worksheet— Cont'd 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? YES . 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? YES 8. What are the hours of operation and how will they impact surrounding properties? 24 hour operation is proposed. Impacts are not detrimental to adjacent Traffic and Parking properties as focal direction is towards the corridor road. 9. Is there adequate off-street parking? YES . 16 SPACES REQUIRED, 26 PROVIDED . 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience traffic flow, and emergency access?Yes, vehicular & pedestrian access& saftey is readily available and currently served from the 11. What type and how much traffic will the SE generate? adjacent roads . SEE BELOW (on Page 7) . 12. Are there adequate loading and unloading areas? YES . LOADING AREAS ARE SEGREGATED AWAY FROM CUSTOMER USE . Public Services 13. Are there adequate utilities available including location and capacity? YES, WATER, SEWER, ARE READILY AVAILABLE AT THE SITE PERIMETER. 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? NO 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No, these services are readily available and sound planning addresses these items. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes . The dumpster will be properly screened. Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No . Due to proj ect type, some misconceptions do exist .However, the effect will be minimized with sound planning practices & standards . PD-Special Exception Application- 101411 Page 6 City of Cape Canaveral SPECIAL EXCEPTION Worksheet—Cont'd 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? No. The site exists along a commercial corridor. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No, the project will provide an upgrade to the area by replacing an existing (See 19 below) 20. Will the proposed special exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? No, See item 19 explanation. Item 11 Continued- Traffic generation for the site is moderate . However, developments of this type provide a lot of internal capture of traffic due to fuel service and convenience store consolidation. A traffic study is being prepared. Item 19 continued - dilapidated site that has condemned structures and abandoned slabs with an aesthetically pleasing site to bring value to the local economy. It will maintain existing access to adjoining neighbors and upgrade unimproved driving surfaces . PD-Special Exception Application- 101411 Page 7 City of Cape Canaveral SPECIAL EXCEPTION Radius Package Instructions Order the "Radius Package" from the Brevard County, Planning & Development Department, Graphics Division, located at the Central Brevard County Property Appraiser's Office, Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg. A, Room 114, Viera, Florida, 32940. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except on holidays. Instructions: To order a radius package contact: Joanne Adams at (321)633-2060, ext. 56085 or by Email: joanne.adams@brevardcounty.us. She will need the subject property(s) tax ID number, address or parcel ID. The radius package will include two lists of properties located within the 500 ft. boundaries of the subject property; and one (1) set of mailing labels. Joanne Adams will contact you when your radius package is ready for pick-up or mailed. The cost is $40.00. Brevard County will accept payment in the form of cash, check made payable to the Brevard County Board of County Commissioners, and credit or debit cards (except VISA). Submit the complete radius package to Barry Brown, Planning & Zoning Director for further processing of your request. PD- Special Exception Application - 101411 Page 8 B&B Enterprises of Cape Canaveral LLC 2210 S. Atlantic Ave. Cocoa Beach, Florida 32931 (321) 784-2318 July 3, 2014 OWNER'S AUTHORIZATION Project location: Southwest corner of the intersection of Cape Shores Circle and US Highway A1A. Proposed project name: Cumberland Farms—A1A/Cape Shores To Whom it May Concern: Kathleen Sousa and assignees/authorized agents of Cumberland Farms are authorized by B&B Enterprises of Cape Canaveral LLC to conduct site plan project aspects for the_project located as described above in ape Canaveral, Florida. / , B&B En -• - • --ape Canaveral LLC Authorized Representative-Signature Date: el '�/ . 4 Print Name&Title: ,A t t` � ' /11 he above in trument was acknowledged before me this )c day of 1 , 20�7, by /ti.tsr, , (Authorized Representative), B&B Enterprises of C e Canaveral LLC, who is perdnally known to me or has produced an identification and who did/did not take an oath. State of Florida County of Brevard Notary Seal&Signature Commission Expires: 11 I o q 1 1} 4;;1 744. ROBIN LOUISE CHAMBERLIN l•: •j MY COMMISSION#FF053370 .�'� ate'°f EXPIRES November 9.2017 ' of (407)395.0153 FlorldallofaryService.com vi PA, 4 I • •ter►: Cumberland Gulf Group of Companies {f' Cumberland 100 Crossing Boulevard • Framingham, MA 01702/6 508-270-1400 F A R www.cumberlandgulf.com June 20, 2014 OWNER'S AUTHORIZATION Project Location: AlA & Cape Shore Proposed project name & address: Cumberland Farms, A1A & Cape Shore, Cape Canaveral, Florida Dear Sirs: Atkins North America, Inc. is the authorized agent for Cumberland Farms, Inc. to handle and sign all Site Plan and related permit applications for the Cumberland Farms development project located at AlA &Cape Shore, Cape Canaveral, Florida. Cumberland Farms, inc. By: t.l l°/I fl.t. O. /!afJA _ Kathleen A. Sousa Senior Pipeline Manager Commonwealth of Massachusetts County of Middlesex The above instrument was acknowledged before me this 20th day of June, 2014, by Kathleen A. Sousa, Senior Pipeline Manager, Cumberland Farms, Inc., who is personally known t . , and who did take an oath. omminsusa, �}ASSIONE� �� ry \, 4t*• 400 2���ya.• II cm\ I*i t i*a y : ti�/� ,'M — ommission Expires: 04qI1g Notary Public �/O °o A��P�'o •, 4/842114.* Branded Products C�rlar f, obil r- a a n4 s wave r.m. packard &assoc.Inc _ surveying & mapping 197 Bougainvillea Drive/Suite "D" Rockledge, Florida 32955 • %. Tel: (321) 632-6335 • Fax: (321) 631-7392 ' E-Mail: packardsurvey@cfl.rr.com CUMBERLAND — CAPE CANAVERAL DESCRIPTION (AS FURNISHED): A portion of Sections 23 and 26, Township 24 South, Range 37 East, City of Cape Canaveral, Brevard County, Florida, being more particularly described as follows: Commence at southwest corner of said Section 23, thence N.00°41'56"W., along the West line of said Section 23, a distance of 40.00 feet to the North line of that parcel described in deed recorded in Official Records Book 5191, Page 2283 of the public records of Brevard County, Florida; thence N.89°17'40"E., along said North line and parallel with the South line of said Section 23, a distance of 410.02 feet to the Point of Beginning of the herein described parcel; thence continue N.89°17'40"E., along said line, a distance of 312.72 feet to the West right of way line of North Atlantic Avenue (S.R. A-1-A); thence S.00°37'54"E., along said West right of way line, a distance of 194.93 feet to the Northeast corner of that parcel described in Official Records Book 7084, Page 2127 of said public records; thence S.89°22'061W., along the North line of last referenced parcel, a distance of 318.26 feet to the Northwest corner thereof; thence N.00°59'59"E., a distance of 194.60 feet to the Point of Beginning; containing 1.41 acres, more or less. •`` `x``'° Commitment for Title Insurance First American ISSUED BY Schedule A First American Title Insurance Company 5011612 - 2037-3174080 Customer Reference Number: 35749.0032 First American File Number: 2037-3174080 1. Effective Date: May 21, 2014 @ 8:00 A.M. 2. Policy or Policies to be issued: Proposed Amount of Insurance: a. Owner's Policy ALTA Owner's Policy of Title Insurance (6-17-06) $1,000.00 (with Florida modifications) Proposed Insured: Metrogroup Development II, LLC b. Loan Policy ALTA Loan Policy of Title Insurance (6-17-06) $0.00 (with Florida modifications) Proposed Insured: c. $ Proposed Insured: Premium: $ 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: B & B Enterprise of Cape Canaveral, LLC, a Florida limited liability company, by virtue of Book 6740, Page 406 and Book 7055, Page 2820 5. The land referred to in this Commitment is described as follows: See Exhibit"A" attached hereto and made a part hereof Shutts & Bowen, LLP By: Authorized Countersignature for Shutts & Bowen, LLP (This Schedule A valid only when Schedule B is attached.) Form 5011612(2-1-11) Page 1 of 9 ALTA Commitment(6-17-06)(with Florida modifications) Commitment for Title Insurance First American ISSUED BY Exhibit A i First American Title Insurance Company 5011612 - 2037-3174080 Customer Reference Number: 35749.0032 First American File Number: 2037-3174080 The land referred to herein below is situated in the County of Brevard, State of Florida, and is described as follows: A PORTION OF THE FOLLOWING DESCRIBED PROPERTY TO BE FURTHER DESCRIBED BY A LICENSED FLORIDA LAND SURVEYOR: A PORTION OF SECTIONS 22, 23, 26 AND 27, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, SAID PROPERTY CONTAINING LOTS 2, 3, 4 AND A PORTION OF LOT 5, PLAT OF GAE RETREAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 45, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CORNER COMMON TO SAID SECTIONS 22, 23, 26, AND 27; THENCE N00°41'56"W, ALONG THE WEST UNE OF SAID SECTION 23, A DISTANCE OF 40.00 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH 40.00 FEET OF SAID SECTION 23 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N89°17'40"E, ALONG SAID NORTH LINE, A DISTANCE OF 722.75 FEET, TO THE WEST RIGHT OF WAY UNE OF NORTH ATLANTIC AVENUE (STATE ROAD A-1-A; THENCE S00°37154"E, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 690.91 FEET, TO THE NORTH LINE RIGHT OF WAY LINE OF HOLMAN AVENUE, AS SAID RIGHT OF WAY IS SHOWN ON SAID PLAT; THENCE S89°17'34"W ALONG SAID NORTH LINE RIGHT OF WAY UNE, A DISTANCE OF 370.76 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N00°39'09"W, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 90.85 FEET, TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE S89°17'34"W, ALONG THE NORTH LINE OF LOT 1 OF SAID PLAT OF GAE RETREAT, A DISTANCE OF 3.34 FEET, TO THE SOUTHEAST CORNER OF THOSE LANDS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORDS BOOK 4081, PAGE 1438, OF SAID PUBLIC RECORDS; THENCE N00°37'54"W, ALONG THE EAST LINE OF SAID LANDS, A DISTANCE OF 200.00 FEET, TO THE NORTHEAST CORNER OF THEREOF; THENCE N00°59'59"E, ALONG THE WEST LINE OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5191, PAGE 2758 OF SAID PUBLIC RECORDS, A DISTANCE OF 172.15 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5460, PAGE 3363 OF SAID PUBLIC RECORDS; THENCE THE FOLLOWING 2 COURSES ALONG SAID SOUTH LINE TO THE ORDINARY HIGH WATER MARK OF THE BANANA RIVER (LAGOON); (1) S89°17'40"W, A DISTANCE OF 435.12 FEET; (2) N80°55'55"W, A DISTANCE OF 65.95 FEET; THENCE THE FOLLOWING 11 COURSES ALONG SAID ORDINARY HIGH WATER MARK TO THE NORTH LINE OF THE SOUTH 40.00 FEET OF SAID SECTION 22; (1) NO2°18'28"W, A DISTANCE OF 16.81 FEET; (2) N09°01'58"W, A DISTANCE OF 16.19 FEET; (3) N13°58'46"W, A DISTANCE OF 14.92 FEET; (4) N48°18'19"W, A DISTANCE OF 15.36 FEET; (5) N20°24'39"W, A DISTANCE OF 45.67 FEET; (6) N05°36'08"W, A DISTANCE OF 29.19 FEET; (7) NO2°31'43"W, A DISTANCE OF 30.51 FEET; (8) N32°18'41"W, A DISTANCE OF 5.16 FEET; (9) N00°31'02"W, A DISTANCE OF 24.62 FEET; (10) N12°46'45"W, A DISTANCE OF 18.88 FEET; (11) N25°48'23"W, A DISTANCE OF 10.01 FEET; THENCE N89°17'40"E, ALONG THE NORTH LINE OF THE SOUTH 40.00 FEET OF SAID SECTION 22, A DISTANCE OF 194.16 FEET, TO THE POINT OF BEGINNING. 4 Form 5011612(2-1-11) Page 2 of 9 ALTA Commitment(6-17-06)(with Florida modifications) +M" Commitment for Title Insurance First American �`� ISSUED BY Schedule BI First American Title Insurance Company 5011612 - 2037-3174080 Customer Reference Number: 35749.0032 First American File Number: 2037-3174080 REQUIREMENTS The following requirements must be met: 1. Pay and/or disburse the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Pay all taxes and/or assessments, levied and assessed against the land, which are due and payable. 4. The following documents, satisfactory to us, creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: a) Warranty Deed from B & B Enterprise of Cape Canaveral, LLC, a Florida limited liability company, to Metrogroup Development II, LLC. In connection with said deed, we will further require regarding the grantor: i. Production of a copy of the articles of organization and operating agreement if adopted, with an affidavit affixed thereto that it is a true copy of the articles of organization and operating agreement, and all amendments thereto (the "Enabling Documents"), and that the limited liability company has not been dissolved; ii. That said deed shall be executed by all of the members, unless the articles of organization provide that the company shall be governed by managers, then said deed shall be executed by all of the managers; iii. If the Enabling Documents authorize less than all of the members, or managers as the case may be, to execute a conveyance, then said deed may be executed by such members or managers as are authorized by the articles of organization and operating agreement to execute a conveyance, together with any documentary evidence which may be necessary to show the authority of the parties executing the deed to bind the limited liability company; iv. Should any member, or manager if applicable, be other than a natural person, we will require proof of good standing as well as documentation of authority of the person to execute documents on its behalf; v. Certificate from the Secretary of State (or other governmental agency designated for the filing of the Enabling Documents) of said limited liability company's domicile, showing the limited liability company to have been formed prior to the date of acquisition, together with proof as to the current status of said limited liability company; vi. Documentary evidence in recordable form, showing compliance with all requirements Form 5011612(2-1-11) Page 3 of 9 ALTA Commitment(6-17-06)(with Florida modifications) regarding conveying company property contained in the Enabling Documents; and vii. The Company reserves the right to amend the commitment, including but not limited to, the addition of further requirements and/or exceptions as it deems necessary based upon a review of any of the documentation required above. 5. Satisfactory evidence must be furnished as to the proper organization of Metrogroup Development II, LLC, a limited liability company, prior to closing this transaction, together with proof as to the current status of said limited liability company in its state of origin. The Company reserves the right to make such additional requirements as it may deem necessary. 6. The actual value of the estate or interest to be insured must be disclosed to the Company and, subject to approval by the Company, entered as the amount of the Policy to be issued. Until the amount of the Policy to be issued shall be determined and entered as aforesaid, it is agreed by and between the Company, the applicant for this Commitment, and every person relying on this Commitment, that the Company cannot be required to approve any such evaluation in excess of $1,000.00, and the total liability of the Company on account of this Commitment shall not exceed said amount. 7. Payment, cancellation and satisfaction of record of mortgage in the original principal amount of$500,000.00, executed by B &B Enterprise of Cape Canaveral, LLC, a Florida limited liability company in favor of B.W. Simpkins, as Trustee of the B.W. Simpkins Trust u/a/d October 4, 1976, as restated June 6, 1996, recorded November 19, 2012 in Book 6740, Page 411, as affected by Partial Release of Mortgage recorded March 13, 2014 in Book 7084, Page 2125 . 8. Furnish Company a Survey prepared by a Florida registered land surveyor; dated no more than 90 days prior to dosing date of subject transaction; certified to the proposed insured(s), First American Title Insurance Company and all other parties in interest; and, meeting the Florida Minimum Technical Standards for all land surveys. Upon receipt and review of such survey, the Company reserves the right to make such additional requirements and/or to modify the legal description set forth on Schedule A as it may deem necessary. 9. Note: The following is for informational purposes only and is given without assurance or guarantee: 2013 taxes show PAID in the gross amount of$See attached tax sheets for Tax Identification No. See attached tax sheets. 10. Execution at time of closing of the Seller/Owner's Affidavit by owners herein disclosing all facts relative to mechanics', laborers' and materialmens' liens and all facts relevant to parties in possession of the premises to be insured at time of closing. The Company reserves the right to make additional requirements in relation thereto. Form 5011612(2-1-11) Page 4 of 9 ALTA Commitment(6-17-06)(with Florida modifications) r • '•� Commitment for Title Insurance First American } :.< ISSUED BY Schedule BIT First American Title Insurance Company 5011612 - 2037-3174080 Customer Reference Number: 35749.0032 First American File Number: 2037-3174080 PART II Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 3. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. 4. Any lien, for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records. 5. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously under water. 6. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority, at Date of Policy. 7. Any minerals or mineral rights leased, granted or retained by current or prior owners. 8. Taxes and assessments for the year 2014 and subsequent years, which are not yet due and payable. NOTES FOR STANDARD EXCEPTIONS: Standard Exceptions for parties in possession, for mechanics liens, and for taxes or special assessments not shown as liens in the public records shall be deleted upon receipt of an acceptable Non-Lien and Possession Affidavit establishing who is in possession of the lands, that there are no liens or encumbrances upon the lands other than as set forth in the Commitment, that no improvements to the lands have been made within the past 90 days or are contemplated to be made before closing that will not be paid in full, and that there are no unrecorded taxes or assessments that are not shown as existing liens in the public records. Any Policies issued hereunder may be subject to a Special Exception for matters disclosed by said affidavit. Standard Exception(s) for questions of survey may be deleted upon receipt and review of a properly certified Survey meeting the Florida Minimum Technical Standards for all land surveys dated no more than 90 days prior to closing or such other proof as may be acceptable to the Company. Any Policies issued hereunder may be subject to a Special Exception for matters disclosed by said survey or proof. Form 5011612(2-1-11) Page 5 of 9 ALTA Commitment(6-17-06)(with Florida modifications) Note: All of the recording information contained herein refers to the Public Records of Brevard County, Florida, unless otherwise indicated. Any reference herein to a Book and Page or Instrument Number is a reference to the Official Record Books of said county, unless indicated to the contrary. 9. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of, as recorded in Plat Book, Page(s) , but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 10. Easements granted to Florida Power & Light Company by instrument recorded in Deed Book 396, Page 199; Deed Book 396, Page 202; Book 246, Page 435; Book 248, Page 535 and recorded June 14, 2000 in Book 4178, Page 1106 . 11. Declaration of Covenants, Conditions and Restrictions recorded in Book 45, Page 490; Book 77, Page 480 and Book 170, Page 176, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 12. Easements granted to City of Cape Canaveral by instrument recorded in Book 834, Page 535; Book 834, Page 538; Book 866, Page 317 and recorded May 6, 2002 in Book 4586, Page 3415. 13. Terms and conditions of the Agreement About a Boundary between Haley Dunson and Jean Porter-Gabler recorded August 9, 1989 in Book 3011, Page 1825. 14. Easement for ingress and egress created by Deed recordedDecember 31, 1991 in Book 3170, Page 1933, and Deed recorded June 21, 1999 in Book 4028, Page 1847. 15. Ingress &Egress Easement granted to William T. LaChance and Bonnie L. LaChance, husband and wife by Edwin T. LaChance and Billie C. LaChance, husband and wife, dated June 17, 1999 and recorded June 21, 1999 in Book 4028, Page 1852. 16. Easement granted to The City of Cape Canaveral by instrument recorded August 3, 2004 in Book 5341, Page 8084. 17. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the lease(s). Form 5011612(2-1-11) Page 6 of 9 ALTA Commitment(6-17-06)(with Florida modifications) Customer Reference Number: 35749.0032 First American File Number: 2037-3174080 Note: All of the recording information contained herein refers to the Public Records of Brevard County, Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary. Notices - Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 1 First American Way, Santa Ana, CA 92707. Service, Quality and Availability First American Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll-free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints at 1-800-929-7186. Office hours are from 8:30 a.m. through 5:30 p.m. Monday through Friday. Form 5011612(2-1-11) Page 7 of 9 ALTA Commitment(6-17-06)(with Florida modifications) Shutts&Bowen,LLP 300 S Orange Ave Ste 1000 Orlando, FL 32801 Phn-(407)835-6900 Fax-(407)425-8316 05/29/2014 Re: Customer Reference Number: 35749.0032 First American File Number: 2037-3174080 Property Address: , FL YOU MAY BE ENTITLED TO A REDUCED PREMIUM FOR TITLE INSURANCE IF THIS OFFICE IS PROVIDED WITH A PRIOR OWNER'S POLICY INSURING THE SELLER OR MORTGAGOR IN THE CURRENT TRANSACTION. An order has been placed with this company for a title insurance policy. The purpose of this letter is to provide you with important information regarding the title insurance premium that has been or will be charged in connection with this transaction. Eligibility for a discounted title insurance premium will depend on : REFINANCE TRANSACTIONS: To qualify for a reduced premium for title insurance you must provide our office with a copy of your prior owner's policy of title insurance insuring your title to the above-referenced property. SALES TRANSACTIONS: To qualify for a reduced premium for title insurance you must provide our office with a copy of your (or your seller's) prior owner's policy of title insurance insuring your title to the above- referenced property. The effective date of the prior owner's policy must be less than three years old or the property insured by the policy must be unimproved (except roads, bridges, drainage facilities and utilities are not considered improvements for this purpose). To qualify for the reduced rate, you or your representative may hand deliver, mail or fax a copy of the prior owner's policy of title insurance to the above address or fax number prior to closing, although we will accept the prior policy up to 5 working days after the closing date of your transaction. Form 5011612(2-1-11) Page 8 of 9 ALTA Commitment(6-17-06)(with Florida modifications) First American Title y— fi SLY Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your information to nonaffiliated parties except: (1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however, store such information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers, such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect, as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet. In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually,the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) I M1,7CT S100[•[00.-Cowmeno -Aiwa°.Sne.v<saoscoaw%en.,,,,C22T VIT.NtV[v.0 0]/2.201• N+916 W ZONING R-3 ZONING:R-3 1 I 1 \ �t-sole°e!o`��02149:7 0° LO°SP I 1 �I�in oe 11 i 11*, r i 1'I ve INN:I I R I yp 1 1 Oe I t ;I I I 1 ? g ° ' O II �I �Y� . �, ! . 1• ae • 'Xi4 00 • I �Jrt '� �o l GONING C I 1 �� i ---J r •7, 1 a t I, 7144/ r i I \ I 411.Alf ',.A . :::1...===.:_. ,.° I an�T v In_ — I imagt2 s eri e-I hi " 1 it ' i 4 >m rlr .e• iii m rbr f> 1 r � / ZONING C-1(DOLLAR GENERAL ' `�?iiiCl'.y�y `T VIIt. ° .., a, O UNDER CONSTRUCTION) iikL r f Ire___.., �; I '_ T," ",. g 0 ZONING:C-I If'. n I k. U?_a r. i, 1 I 'I ... o. 02 .,..Coo w® ': . 1 r 1€ ti I _ I 1R I ;T a. T I _ _.. r _ _.-� ._- ?: FLORIDA A1A —t-� r (ALSO STATE ROAD NO.A-1-A) ...yr PROMPF —. a 8 s; o bi fh x1 R A Cil G1 I 1 .- t" ( �_ - m - 3 p g 1F �„ . R'1 i o of -- t { . v m dmf ,..j y § �0yx6 9 8 s fa m d .( .yeti �i� t i g� ° n naxra FR aoo "1 r e A Y y • I Yi f is _7 ff ;-7 7 -° m E 9 f i 9 z U / dA R 1 S ..� i 1 0 - __ , d d § g ' 1 1 1 0i 3 O1 ATKINS A/A AND CAPE SHORES a ., •e 71 m e .. ..r.0 eae�e » PRELMINARY TREE IMPACT EXHIBIT PRELIMINARY TREE IMPACT ASESSMENT SUMMARY • Name Size T - r'-• ::TASK 1 TASK 3 Notes STRANGLER FIG 7 TYPE 1 POSSIBLE SAVE 1 $ - Replacement,do not pay Tree Bank CEDAR 8 TYPE 1 REMOVE 1 $ - Replacement,do not pay Tree Bank OAK 8 TYPE 1 REMOVE 1 $ - Replacement,do not pay Tree Bank OAK 8 TYPE 1 REMOVE 1 $ - Replacement,do not pay Tree Bank ORCHID 8 TYPE 1 POSSIBLE SAVE 1 $ - Replacement,do not pay Tree Bank OAK 9 TYPE 2 REMOVE $ 500.00 OAK 11 TYPE 2 REMOVE $ 500.00 OAK 11 TYPE 2 REMOVE $ 500.00 OAK 11 TYPE 2 REMOVE $ 500.00 CEDAR 12 TYPE 3 POSSIBLE SAVE $ - CEDAR 12 TYPE 3 REMOVE $ 750.00 OAK 12 TYPE 3 POSSIBLE SAVE $ - OAK 12 TYPE 3 REMOVE $ 750.00 OAK 13 TYPE 3 REMOVE $ 750.00 OAK 13 TYPE 3 REMOVE $ 750.00 OAK 14 TYPE 3 REMOVE $ 750.00 OAK 14 TYPE 3 REMOVE $ 750.00 OAK 16 TYPE 4 REMOVE $ 1,000.00 OAK 16 TYPE4 SAVE $ - OAK 18 TYPE 4 POSSIBLE SAVE $ - OAK 18 TYPE 4 POSSIBLE SAVE $ - OAK 18 TYPE 4 REMOVE $ 1,000.00 OAK 19 TYPE 4 REMOVE $ 1,000.00 OAK 19 TYPE 4 REMOVE $ 1,000.00 OAK 19 TYPE 4 REMOVE $ 1,000.00 CEDAR 20 TYPE 4 POSSIBLE SAVE $ - DEAD OAK 20 TYPE 4 REMOVE $ - No cost for dead trees OAK 20 TYPE 4 SAVE $ - OAK 20 TYPE 4 REMOVE $ 1,000.00 OAK 20 TYPE 4 REMOVE $ 1,000.00 ACTUAL GUIDANCE REQUESTED FOR DISPOSITION/TASK OF SPECIMENS Unknown amount to the Tree Bank or OAK 24 SPECIMEN POSSIBLE SAVE TO BE PRESERVED Council Guidance? OAK 24 SPECIMEN POSSIBLE SAVE TO BE PRESERVED " .. OAK 24 SPECIMEN REMOVE TO BE PRESERVED " ,. OAK 24 SPECIMEN REMOVE TO BE PRESERVED " " OAK 24 SPECIMEN REMOVE TO BE PRESERVED " " OAK 26 SPECIMEN REMOVE TO BE PRESERVED " " OAK 28 SPECIMEN POSSIBLE SAVE TO BE PRESERVED " OAK 30 SPECIMEN POSSIBLE SAVE $ - " " 23/32 to be removed;relocation per PALMS(TYP)(32) TYP REMOVE City Request may be considered PALM AND STRANGLER FIG REMOVE TOTAL 5 $ 13,500.00 TYPE 1 4"1.5<9" TYPE2 9"2s<12" TYPE3 12"tx<16" TYPE 4 16">_x>24" SPECIMEN 24">_x>.... TASK 1 •Number of Replacement Trees(1.5"min dbh each)Required for Each Tree Removed TASK 2 Number of Replacement Small Trees or Palms Required for Each Tree Removed _(Palms must have at least 6 feet of clear trunk) TASK 3 Contribution to Tree Bank 4 4 4 JOHN A.PEKAR,P.E., LLC Civil Engineering/Consulting 102 Columbia Drive Suite 207 Cape Canaveral,FL 32920 Office Phone:321-613-2959 Cell Phone: 321-288-1040 johnpekarpe@gmail.com gof4�v.a1 Siae.Ean; az?67. Rani Flowe roni)owe@gmeil.com Office Manager Cell Phone: 321-403-9899 July 17,2014 TO: File;D. Dickey FROM: John A.Pekar, PE SUBJECT: DRC Meeting Notes Cumberland Farms Concept Plans Jeff Lucas presented an overview of the conceptual plans to the full Development Review Committee. Some of the key discussions included: 1. Residents at the meeting asked if a wall behind the proposed building will be constructed. (Wall or dense vegetation required.) 2. Plan to save specimen trees will be part of the submission(i.e.,trees over 24"in diameter). 3. Waste Pro needs large turning radius for trucks,especially if driving through site to adjacent properties. 4. Typical City reviews and approvals will include: a. Community Appearance Board b. Site Plan Reviews by City Staff c. Special Acceptance d. Site Development Permitting by all Agencies e. City Council Approval of Tree Plan 5. Road easements require joint use agreements with all parties. 6. Will sidewalks be required on side road(Code Sec. 110.75)? 7. Setbacks for all property sides need to be considered. This includes signs which need 6' from r/w leading edge. 8. Is adequate parking spaces proposed. With 12 outdoor seats,is more parking required? 9. Unity of Title should be considered as current property has 3 prior owners. 10. Review codes for lighting criteria. Zero spillover should be obtained. 11. Will need demo plan for existing building on site. 12. Credit for sewer line reduction can be given. Sanitary sewer City fees will be required prior to building certificate of occupancy. I Page 2 Cumberland Farms July 17,2014 DRC Meeting Notes 13. Next submittal dates for Community Appearance Board are Aug.6,Aug. 19,or Sept. 3. 14. Drainage overflows from major storms need to be defined; i.e.,into FDOT system. 15. Driveway access with Dollar General being considered. 16. A listing of documents was provided for site plan submission. If you have any questions please call. Sincerely, L: int___ John A.Pekar,P.E. JAP:rmf RADIUS MAP 260 Cape Shores Circle Cape Canaveral, Florida 329210 1_1i-'-- OLN --- b -- L---4 • Mild" : i COCOA—PALMS—AV j I II ' O 111 1 j r—RATTAN-AY- I 1111111. I 1 SAGO CIR _ ___ __—-SABALAV-- - -- •i... --- ----- CAP€-SHOREiS GIR----Th 94 /1/1 ,_ 88i _—L r ...LUNAR AL- ---\\,_ —MAY-€S-AY - 95`J0 1 nq7;24 431 L I 8356 i a � 7113. 223 1 E _ z 13 93,e 104 z o // / 2,78 0 72 0 �' 8635 ii q 60 76 7 16_g�g25 94 - - —GARFa€L-DAM-- - ---- — 2 75 46`.-` 3 79 7 66r 4 3930 29 -636542- 589 a2 99868 4451 //1111 r:: 1:61 6 74 227134 77 3 53'6 49 1•� 73 62 t • --------- -ARTHURAV- - - • 14 I. 90 'EMI _ $1 105i—IIIJ z, 9 --------CLEVELAND AV---------- 80 '4444,4144040,0„ .,.I J --------HOMAAN-RD-------' - -- MCKINL a AV- _%. I /1 - / 1 — I /MANDf 2 / I #2OOSE�I€L�AY l 1 --S-AZURE-LN- PR `�_ — I / II /- //k II I // --YYILSON-AV- \ 1111 1 3 Buffer N 1:4,800 or 1 inch =400 feet 2 Buffer Distance: 500 feet Subject Property W :. E Notify Property -,1.-1_1A This map was compiled from recorded documents and does not reflect an parcels actual survey.The Brevard County Board of County Commissioners does S not assume responsibility for errors or omissions hereon. 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