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Contract 2022-180A
INSTRUMENT#: 2023010714 OR BK 6085 PG 1783 PAGES: 11 1/30/2023 2:13:29 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $95.00 2022-180A UTILITY SERVICE AGREEMENT FOR WASTEWATER This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the Stale of Florida, and AMH Development, LLC, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a 145 lot single-family residential development described on Exhibit'A', attached hereto and by this reference made a part hereof; and Whereas, the Property is located in the unincorporated area of Lake County and the OWNER is requesting sewer service from the CITY; and Whereas, as a condition of CITY providing said sewer to the property. Lines and appurtenances must be sized and constructed in accordance with the minimum requirements of CITY Land Development Regulations and to meet the flow demands for the subdivision; and Whereas, as a condition of the provision of sewer service to the Property by the CITY, OWNER agrees that this Agreement shall constitute an unconditional application to annex the Property into the City of Clermont, if CITY chooses to do so; and Whereas, as a condition precedent to the City's obligations herein, OWNER shall pay to City within thirty (30) days of the effective date of this Agreement the sum of $3,500 to defer the cost to the City to process the annexation contemplated herein. Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and conditions under which sewer service shall be extended and sized. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: Section 1. SEWER - Each and all of the foregoing premises are incorporated into and constitute a part of this Agreement. 1.1 CITY shall provide sewer service for the Property. 1.2 OWNER shall connect to the existing City system at connection point or points approved by CITY. 1.3 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development and provide such documentation necessary for the CITY to ascertain that the lines shall meet the minimum line size requirements as specified by the CITY Land Development Regulations. 1.4 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall provide to the OWNER the specifications regarding sizes to be included in the final improvement plans. Page 1 — AMH Development LLC - Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1784 PAGE 2 of 11 1.5 The OWNER shall be responsible for the construction of all onsite lines and appurtenances to serve the project. No building permits shall be issued until sewer Is provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to guarantee completion of improvements. No Certificate of Occupancy shall be issued until sewer improvements have been completed and accepted by the CITY. 1.6 The OWNER shall be responsible for all costs of onsite improvements, including but not limited to design, material, permitting and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the CITY to serve the Property. 1.7 The existing utilities must stay in service throughout construction. if the construction requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit the project and construct the modifications at the OWNER's expense. 1.8 The OWNER shall be responsible for all costs including design, permitting, materials and construction of the sewer lines and appurtenances, both on site and off site, required to serve the Property. 1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. All fees are non-refundable. 1.10 The development being served is shown in Exhibit "C". Major changes as determined by the Clermont Site Review Committee may require an amendment to this Agreement. 1.11 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.12 The Agreement shall be for 33,546 gpd for sewer based on an annual average. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed according to Conceptual Plan 9, prepared by Appian Engineering, Sheet CP-8, dated 9/15/2022 for the lot layout and lot size. The PROPERTY shall be developed in substantial accordance with the Hammock Ridge PUD Amendment Ordinance 2020-03, RZ-19-27-2, approved by the Lake County Board of County Commissioners recorded February 26, 2020 in Official Records Book 5428, Page 1025, of the Public Records of Lake County, Florida. (b) The streets within the project shall be privately owned and maintained. (c) The project shall be developed according to City standards, unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. Section 3. ANNEXATION OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of Page 2 - AMH Development LLC - Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1785 PAGE 3 of 11 Encumbrance to Annex Property in a form substantially in compliance with the form set forth in Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the public records of Lake County whereupon it is agreed it shall serve as an enforceable encumbrance on the real property described in Exhibit "A". The Notice of Encumbrance shall be executed by all owners of the real property described in Exhibit "A" and shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter acceptable to CITY and issued by a licensed title company or attorney identifying all owners in interest of the real property. All land transfers by OWNER shall contain a deed restriction or covenant noting the existence of this encumbrance to annex, such restriction to be recorded as a covenant to run with the land. Section 4. SEVERABILITY In the event that any provision of this agreement shall be held invalid or unenforceable, the provision shall be deleted from this agreement without affecting in any respect whatsoever the validity of the remainder of this agreement, Section 5. NOTICES All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: CITY City of Clermont City Manager P.O. Box120219 Clermont, FI 34712-0219 Section 6. AMENDMENTS OWNER AMH Development LLC 23975 Park Sorrento STE 300 Calabasas, CA 91302 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 3 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1786 PAGE 4 of 11 Section 7. EFFECTIVE DATE The effective date of this agreement shall be the day of execution of the agreement required hereunder. This Agreement shall be valid for no longer than five (5) years. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date listed below. CITY through its City Manager, authorized to execute same by City Council action, and OWNER through DATED this 30� day of 2022. CITY OF CLERMONT ATTEST: Tim Murry, Ci. Mayor Tracy Ackroyd Howe, MMC, Approved as to form and legality: �.fjl i V Y a / y D aris, City AttorRW Page 4 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1787 PAGE 5 of 11 OWNER: A lopment LLC i J Title: CUP Signature --cODD lnt;-5 Print Name STATE OF COUNTY OF � � , . �,�,� The foregoing instrument was acknowledged before me on this � who ispersonal�own�to m wh by or who has produced p� A „ «o t w r� as identification and who did or L G� not take an oath. SEAL: ��/�+•��y��� Notary Publiq-j - N LA Typelprint name LAVE�� c �*s1--.�..tc •; �OT.4 o 0. 0, 0 :m.0 G i �coUN�r'I � Page 5 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1788 PAGE 6 of 11 EXHIBIT "A" PROPERTY DESCRIPTION Owner: AMH Development LLC Description: LEGAL DESCRIPTION LCPA PARCEL ID# 06-23-26-0003-000-00800, 06-23-26-0003-000-00801, 06-23-26-0003-000-00803, 13-23-25-0500-035-00000, 13-23-25-05000-035-00001, & 13-23-25-0500-045-00000 AS PROVIDED BY ALLEN & COMPANY, INC. PARCEL NO. 1: THE NORTH 362 FEET OF THE WEST 362 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE WEST 33 FEET FOR ROAD, IN SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. PARCEL NO. 2: THE NORTH 132 FEET OF TRACTS 35 AND 36, IN SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA LESS AND EXCEPT THAT PORTION CONVEYED TO LAKE COUNTY FOR ROAD RIGHT OF WAY IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2772, PAGE 1175, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. PARCEL NO. 3: TRACTS 35 AND 36 IN SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, ACCORDING TO THE PLAT OF MONTE VISTA PARK FARMS, RECORDED IN PLAT BOOK. 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA., LESS THE NORTH 132 FEET THEREOF. PARCEL NO.4: TRACTS 45 AND 46, MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING OTHERWISE DESCRIBED AS THE SOUTH 1/2 OF THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 23 SOUTH, TOWNSHIP 23 SOUTH, RANGE 26 EAST. PARCEL NO.5: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, LESS THE NORTH 362 FEET OF THE WEST 362 FEET OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 88°28'30" WEST, FOR A DISTANCE OF 661.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88°2810" WEST, FOR A DISTANCE OF 661.95 FEET; THENCE RUN SOUTH 00'01'30" WEST, FOR A DISTANCE OF 20.00 FEET; THENCE NORTH 88°28'30" EAST, FOR A DISTANCE OF 362.00 FEET; THENCE RUN SOUTH 00001'30" WEST, FOR A DISTANCE OF 342.00 FEET; THENCE RUN NORTH 88-28'30" FAST, FOR A DISTANCE OF 299.95 FEET; THENCE RUN NORTH 00.0110" EAST, FOR A DISTANCE OF 3 62.00 FEET, TO THE POINT OF BEGINNING. Page 6 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1789 PAGE 7 of 11 AND THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LESS THE RIGHT OF WAY OF A COUNTY ROAD AND ALSO LESS THE FOLLOWING TWO TRACTS: TRACT 1: THE NORTH 362 FEET OF THE WEST 362 FEET OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST; TRACT 2: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THENORTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHB' 23 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 88°28'30" WEST, FOR A DISTANCE OF 661.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88'28'30' WEST, FOR A DISTANCE OF 66I.95 FEET; THENCE RUN SOUTH 00-01-30" WEST, FOR A DISTANCE OF 20.00 FEET; THENCE RUN NORTH 88°28'30" EAST, FOR A DISTANCE OF 362.00 FEET; THENCE RUN SOUTH 00'0130" WEST, FOR A DISTANCE OF 342.00 FEET•, THENCE RUN NORTH 88°2830" EAST, FOR A DISTANCE OF 299.95 FEET; THENCE RUN NORTH 00.01'3V EAST, FOR A DISTANCE OF 362.00 FEET TO THE POINT OF BEGINNING. Altemaw Keys: 1593433,1752558,1796873, 2705914,1593417, and 1663093 Page 7 - AMH Development LLC - Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1790 PAGE 8 of 11 EXHIBIT "B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this $'h_ day of %geVY j__ 2022. between AMH Development LLC, property owners in the County of Lake, State of Florida Grantor*, and the CTTY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee*: WIT'bTESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's property below described into the corporate limits of the City of Clermont, and GRANTOR, for and in consideration of the sum of ONE and 00/ 100 ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below - described real property situate, lying and being in Lake County, Florida with the absolute requirement that the subject real property may be, at the sole discretion, and upon request of Grantee, annexed into the city limits of the City of Clermont at such time that the annexation of said real property is in accordance with applicable law, GRANTOR, further agrees, on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or assigns (as the case may be) then required by law to enable the described real property to be incorporated into the city limits of the City of Clermont and where such ministerial functions consist of a simple written request or the renewal of the petition of which notice is given above, then this instrument shall be considered such request and/or renewal. The subject property is described as: Exhibit "A" Page 8 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1791 PAGE 9 of 11 Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first above written. PROPERTY OWNER(S): AMH Ve4elohmei t LLC Type or print name By: - Signature Type or print name STATE OF:;:c�-tom:______._ COUNTY OF WITNESSES (Two required): Witnesses 1. i Signature Type or print name 2. lig�nZre Type or print name The foregoing instrument was acknowledged before me on this -,? day of 2022, by _;c�v T= . 0111F�..— _ who is personally known to me or who has produced c:g,� JA21wadQ L_t�I���_ as identification and who did not take an oath. y,,t ,4k%%,%� �. CQ�+ �1 Notary Public _.-- _ _ _ SEAL: r tvf Q� .Q Type/print nameCb Sept. o �44 `EE G Pursuant to Section 695.29p)(0: this instrument exempt from Chapber 695, F.S.,; Prepared by a Public Officer, City Attorney, City of Qermont, Florida 34712 Page 9 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1792 PAGE 10 of 11 DIMENSION PLAN Ivey Ridge Subdivision - Master Site Plan: . � iRr• �����, ; 'h! jj''gP'�i'�, •1.'4 .�. � it '^4. �� � . .l.l-� ~`�•�1u►' MbM�...%..�w.F.iNlf-idree:r � .�y.N+:, . _ � .._.. 41 -�OffWA i r �c 8. _ - r • ''` � rite �, o a ,o: i = i -- O Q M ■_ ■ O dr , �! 1� d .,C WS Jr .�• Vic•,!►' � � ,.,t � .� PrrA....fY'�• r f �ypyP' Page 10 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater INSTRUMENT# 2023010714 OR BOOK 6085/PAGE 1793 PAGE 11 of 11 EXHIBIT "D" LOCATION MAP 4 1 oil L far W-1 Sm Low*m MUC N Rdoe RI Page 11 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater UTILITY SERVICE AGREEMENT FOR WASTEWATER This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and AMH Development, LLC, and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service for a 145 lot single-family residential development described on Exhibit `A', attached hereto and by this reference made a part hereof; and Whereas, the Property is located in the unincorporated area of Lake County and the OWNER is requesting sewer service from the CITY; and Whereas, as a condition of CITY providing said sewer to the property. Lines and appurtenances must be sized and constructed in accordance with the minimum requirements of CITY Land Development Regulations and to meet the flow demands for the subdivision; and Whereas, as a condition of the provision of sewer service to the Property by the CITY, OWNER agrees that this Agreement shall constitute an unconditional application to annex the Property into the City of Clermont, if CITY chooses to do so; and Whereas, as a condition precedent to the City's obligations herein, OWNER shall pay to City within thirty (30) days of the effective date of this Agreement the sum of $3,500 to defer the cost to the City to process the annexation contemplated herein. Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and conditions under which sewer service shall be extended and sized. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: Section 1. SEWER - Each and all of the foregoing premises are incorporated into and constitute a part of this Agreement. 1.1 CITY shall provide sewer service for the Property. 1.2 OWNER shall connect to the existing City system at connection point or points approved by CITY. 1.3 The OWNER shall construct the facilities, lines and appurtenances necessary to serve the development and provide such documentation necessary for the CITY to ascertain that the lines shall meet the minimum line size requirements as specified by the CITY Land Development Regulations. 14 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall provide to the OWNER the specifications regarding sizes to be included in the final improvement plans. Page 1 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater 1.5 The OWNER shall be responsible for the construction of all onsite lines and appurtenances to serve the project. No building permits shall be issued until sewer is provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to guarantee completion of improvements. No Certificate of Occupancy shall be issued until sewer improvements have been completed and accepted by the CITY. 1.6 The OWNER shall be responsible for all costs of onsite improvements, including but not limited to design, material, permitting and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the CITY to serve the Property. 1.7 The existing utilities must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit the project and construct the modifications at the OWNER's expense. 1.8 The OWNER shall be responsible for all costs including design, permitting, materials and construction of the sewer lines and appurtenances, both on site and off site, required to serve the Property. 1.9 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. All fees are non-refundable. 1.10 The development being served is shown in Exhibit "C°. Major changes as determined by the Clermont Site Review Committee may require an amendment to this Agreement. 1.11 This Agreement shall be voided after five (5) years if building permits have not been issued and building construction has not started. 1.12 The Agreement shall be for 33,546 gpd for sewer based on an annual average. Section 2. DEVELOPMENT STANDARDS (a) The project shall be developed according to Conceptual Plan 9, prepared by Appian Engineering, Sheet CP-8, dated 9/15/2022 for the lot layout and lot size. The PROPERTY shall be developed in substantial accordance with the Hammock Ridge PUD Amendment Ordinance 2020-03, RZ-19-27-2, approved by the Lake County Board of County Commissioners recorded February 26, 2020 in Official Records Book 5428, Page 1025, of the Public Records of Lake County, Florida. (b) The streets within the project shall be privately owned and maintained. (c) The project shall be developed according to City standards, unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. Section 3. ANNEXATION OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in its sole discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of Page 2 - AMH Development LLC - Ivey Ridge Utility Service Agreement for Wastewater Encumbrance to Annex Property in a form substantially in compliance with the form set forth in Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the public records of Lake County whereupon it is agreed it shall serve as an enforceable encumbrance on the real property described in Exhibit "A". The Notice of Encumbrance shall be executed by all owners of the real property described in Exhibit "A" and shall be accompanied, at OWNER'S expense, by a current certificate of title or opinion letter acceptable to CITY and issued by a licensed title company or attorney identifying all owners in interest of the real property. All land transfers by OWNER shall contain a deed restriction or covenant noting the existence of this encumbrance to annex, such restriction to be recorded as a covenant to run with the land. Section 4. SEVERABILITY In the event that any provision of this agreement shall be held invalid or unenforceable, the provision shall be deleted from this agreement without affecting in any respect whatsoever the validity of the remainder of this agreement. Section 5. NOTICES All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: CITY City of Clermont City Manager P.O. Box 120219 Clermont, FI 34712-0219 Section 6. AMENDMENTS OWNER AMH Development LLC 23975 Park Sorrento STE 300 Calabasas, CA 91302 Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. Page 3 - AMH Development LLC - Ivey Ridge Utility Service Agreement for Wastewater Section 7. EFFECTIVE DATE The effective date of this agreement shall be the day of execution of the agreement required hereunder. This Agreement shall be valid for no longer than five (5) years. IN WITNESS WHEREOF, the parties hereto have date listed below. CITY through its City Manager, action, and OWNER through made and executed this Agreement on the authorized to execute same by City Council DATED this day of U44iUl'u t4 2022. CITY OF CLERMONT Tim Murry, Mayor ATTEST: Tracy Ackroyd Howe, MMC, Page 4 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater OWNER: A lopment LLC Signature DD l�5 Print Name Title: STATE OF � COUNTY OF _ e The foregoing instrument was acknowledged before me on this :::2� day o , 2022, by -Tz!Ln� who is personally known to me or who has produced —.- LAc "� « as identification and who did not take an oath. Notary PubliP- SEAL: = `PN L,q'k%%% . C Type/print name L VF-� LVr.c �\,\QTqS��0o 1 - . 0. i c� : rn i i �,; Q• �- 00 p 'seat. 29,�..�y 14 �j� ••..... Page 5 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater EXHIBIT "A" PROPERTY DESCRIPTION Owner: AMH Development LLC Description: LEGAL DESCRIPTION LCPA PARCEL ID# 06-23-26-0003-000-00800, 06-23-26-0003-000-00801, 06-23-26-0003-000-00803, 13-23-25-0500-035-00000, 13-23-25-05000-035-00001, & 13-23-25-0500-045-00000 AS PROVIDED BY ALLEN & COMPANY, INC. PARCEL NO. 1: THE NORTH 362 FEET OF THE WEST 362 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE WEST 33 FEET FOR ROAD, IN SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. PARCEL NO. 2: THE NORTH 132 FEET OF TRACTS 35 AND 36, IN SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION CONVEYED TO LAKE COUNTY FOR ROAD RIGHT OF WAY IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2772, PAGE 1175, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. PARCEL NO. 3: TRACTS 35 AND 36 IN SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, ACCORDING TO THE PLAT OF MONTE VISTA PARK FARMS, RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA., LESS THE NORTH 132 FEET THEREOF. PARCEL NO.4: TRACTS 45 AND 46, MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING OTHERWISE DESCRIBED AS THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23 SOUTH, TOWNSHIP 23 SOUTH, RANGE 26 EAST. PARCEL NO. 5: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, LESS THE NORTH 362 FEET OF THE WEST 362 FEET OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 88°28'30" WEST, FOR A DISTANCE OF 661.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88°28'30" WEST, FOR A DISTANCE OF 661.95 FEET; THENCE RUN SOUTH 00°01'30" WEST, FOR A DISTANCE OF 20.00 FEET; THENCE NORTH 88°28'30" EAST, FOR A DISTANCE OF 362.00 FEET; THENCE RUN SOUTH 00001'30" WEST, FOR A DISTANCE OF 342.00 FEET; THENCE RUN NORTH 88028'30" EAST, FOR A DISTANCE OF 299.95 FEET; THENCE RUN NORTH 00°01'30" EAST, FOR A DISTANCE OF 362.00 FEET, TO THE POINT OF BEGINNING. Page 6 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater AND THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LESS THE RIGHT OF WAY OF A COUNTY ROAD AND ALSO LESS THE FOLLOWING TWO TRACTS: TRACT 1: THE NORTH 362 FEET OF THE WEST 362 FEET OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST; TRACT 2: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 88°28'30" WEST, FOR A DISTANCE OF 661.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88°28'30" WEST, FOR A DISTANCE OF 661.95 FEET, THENCE RUN SOUTH 00-01-30" WEST, FOR A DISTANCE OF 20.00 FEET; THENCE RUN NORTH 88-28-30" EAST, FOR A DISTANCE OF 362.00 FEET; THENCE RUN SOUTH 00°01'30" WEST, FOR A DISTANCE OF 342.00 FEET; THENCE RUN NORTH 88*28130" EAST, FOR A DISTANCE OF 299.95 FEET; THENCE RUN NORTH 00001'30" EAST, FOR A DISTANCE OF 362.00 FEET TO THE POINT OF BEGINNING. Alternate Keys: 1593433, 1752558, 1796873, 2705914, 1593417, and 1663083 Page 7 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater EXHIBIT "B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this �day of 'nc�� e rn1� 2022, between AMH Development LLC, property owners in the County of Lake, State of Florida Grantor*, and the CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee*: WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's property below described into the corporate limits of the City of Clermont, and GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below - described real property situate, lying and being in Lake County, Florida with the absolute requirement that the subject real property may be, at the sole discretion, and upon request of Grantee, annexed into the city limits of the City of Clermont at such time that the annexation of said real property is in accordance with applicable law, GRANTOR, further agrees, on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns to perform all ministerial functions necessary of the Grantor or Grantor's heirs and/or assigns (as the case may be) then required by law to enable the described real property to be incorporated into the city limits of the City of Clermont and where such ministerial functions consist of a simple written request or the renewal of the petition of which notice is given above, then this instrument shall be considered such request and/or renewal. The subject property is described as: Exhibit "A" Page 8 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal the day and year first above written. PROPERTY OWNER(S): WITNESSES (Two required): Witnesses - J=4-� Signature Type or print name Type or print name By: 2. Signature ignature Type or print name 'tea � UALA Gv1A Type or print name STATE OF�- COUNTY OF The foregoing instrument was acknowledged before me on this 26day of 2022, by who is personally known to me or who has produced as identification and who did not take an oath. 4. YC Adr Notary Public_ SEAL: i w� O� A RY • • : �l :Q i ��N : C9 Type/ print named l��Go c 1c. j o' r 0 '�o Sept 2�'J��Aff Cy.r ®ECG© Pursuant to Section 695.29(3)(0: this instrument exempt from Chapter 695, F.S.,; Prepared by a Public Officer, City Attorney, City of Clermont Florida 34712 Page 9 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater ►*q,:LI ,jM0Ai DIMENSION PLAN Ivey Ridge Subdivision - Master Site Plan: 1-7 ' : � ` + �w.rirff 1++•�iAid-i.+fir.4Y►'-/ ��,fArq'• a` • . ,. �o .rat --- �.•-•��_ - -- . o�o i ro..o . • �• t . _ - _ •'% �i ',f �O Oi -OHO O. i'!r . _• � � � it '7 41 ' ++� .'ems �—, dr e�► ..� ,r,. tti. , . jai, • :? � : ' -5, ,� '�'= �' j * jw ' 7 • �; � I Ulu I _ j ► L� Page 10 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater EXHIBIT "D" LOCATION MAP Fork w �O o I.�ko N,r�wsa E Minneh aba Ave 41L ehesbofe Ur c tejnae or of GtP wW'�Mi Rd a L y wnm. Al, trk. Sfevw. Rd U' takes Cry N f "� �t� Mmnwbs No F n oe � e s >x u � O` O F N1s r O� 6 Pad O n10 6 � vreuOyc Gy rut W ergo af o st, a e, Lek. Fwlwr Ra Site Location o �, 1iM S.r•"" Mock RldgeRd L.ltllmure Dr La4w ad ' 9es�ar� c it o N � � Null RA nl � �„ , •.i,rr .� Page 11 — AMH Development LLC — Ivey Ridge Utility Service Agreement for Wastewater