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HomeMy WebLinkAbout2018 12 10 Consent 301 Trail Use AgreementCOMMISSION AGENDA ITEM 301 Informational Consent X Public Hearings Regular December 10, 2018 KS BF Regular Meeting City Manager Department REQUEST: The Community Development Department requesting City Commission approval of a Cross Seminole Trail Use Agreement with Seminole County for use of an existing unimproved City right-of-way for construction and maintenance of the Cross Seminole Trail between SR 419 and Old Sanford -Oviedo Road. SYNOPSIS: The Trail Use Agreement provides Seminole County the authorization to construct and maintain a segment of the Cross Seminole Trail on a segment of unimproved City right-of- way between SR 419 and Old Sanford -Oviedo Road. This segment is a portion of the "missing link" in the Cross Seminole Trail. The lands for the remainder of the missing link have been approved for donation to the State of Florida. CONSIDERATIONS: . At the April 10, 2017 City Commission meeting, the Commission approved a Land Exchange Agreement with the State for conveyance of lands necessary for completion of the Cross Seminole Trail "missing link." The lands to be conveyed from the City to the State along SR 419 are in the closing process. . The April 10, 2017 agenda item also provided authorization for the City to enter into a Right -of -Way Use Agreement with the State for a separate segment of the missing link from SR 419 to Old Sanford -Oviedo Road (see Exhibit 1 - Location Map). This segment is an existing unimproved City right-of-way. . The State later determined that the Right -of -Way Use Agreement should be between Consent 301 PAGE 1 OF 2 - December 10, 2018 the City and Seminole County, based on the County's role as the agency responsible for construction, operation, and maintenance of the Cross Seminole Trail. . The Cross Seminole Trail Use Agreement allows Seminole County to construct, own, operate, and maintain this segment of the Cross Seminole Trail. The County will perform all maintenance of this trail segment upon completion. The Agreement allows the City to operate and maintain utilities within the right-of- way, including the City's continued operation and maintenance of an existing 66 -inch diameter stormwater pipe. . Seminole County will need to update the signature page of the Agreement prior to execution. FISCAL IMPACT: The Trail Use Agreement has no direct fiscal impact. The completion of the Cross Seminole Trail in Winter Springs provides a long-term recreational and economic enhancement. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve a Cross Seminole Trail Use Agreement with Seminole County for use of an existing unimproved City right-of-way for construction and maintenance of the Cross Seminole Trail between SR 419 and Old Sanford -Oviedo Road, and authorize the City Attorney and City Manager to prepare and execute any and all applicable documents. ATTACHMENTS: 1. Location Map 2. Cross Seminole Trail Use Agreement Consent 301 PAGE 2 OF 2 - December 10, 2018 EXHIBIT .~ ,~ ^"",..^,^ ~-...~~~~ ..^~~ ^.-..^ +^� w~ CROSS SEMINOLE TRAIL USE AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS THIS TRAIL USE AGREEMENT ("Agreement") is made between SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose mailing address is 1101 East 1st Street, Sanford, Florida 32771, in this Agreement referred to as "COUNTY" and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708, in this Agreement referred to as "CITY". WITNESSETH: WHEREAS, Section 163.01, Florida Statutes (2018), authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner (and pursuant to'forms of governmental organization) that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, CITY is the owner of an unimproved, unnamed right-of-way in Seminole County, Florida, which runs from the boundary of State Road 419 to the boundary of Old Sanford - Oviedo Road and is more particularly described and depicted in Exhibit "A," which is hereby fully incorporated in this Agreement by this reference (the "Trail Segment"); and WHEREAS, COUNTY is proposing to construct, own, operate, and maintain a new extension of the Cross Seminole Trail upon the Trail Segment for use by the general public, and CITY desires to support this project by authorizing County to use the Trail Segment for such purposes; and Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 1 of 12 WHEREAS, the State of Florida has requested that CITY enter into a trail use agreement with COUNTY for purposes of allowing COUNTY to construct, own, operate, and maintain this portion of the Cross Seminole Trail that will be placed upon the Trail Segment; and WHEREAS, in exchange for CITY entering into this Agreement for purposes of supporting COUNTY's Cross Seminole Trail Project upon the Trail Segment, COUNTY is also committed to perform, at its own expense, ongoing maintenance of the Cross Seminole Trail in accordance with the terms and conditions of this Agreement, NOW THEREFORE, for and in consideration of the mutual promises and other good and valuable consideration exchanged between them, COUNTY and CITY hereby agree to the following: Section I. Recitals. The foregoing recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. CITY's Responsibilities. (a) CITY hereby grants to COUNTY, and to COUNTY's successors and assigns, a non- exclusive easement and perpetual right to use the Trail Segment for purposes of constructing, repairing, inspecting, managing, and maintaining the Cross Seminole Trail and related facilities on the Cross Seminole Trail. (b) The rights and privileges granted to COUNTY under this Agreement include such rights and privileges reasonably necessary for the safe use and maintenance of Cross Seminole Trail, including, but not limited to, the right to install pavement, curbs, trail markers and signage, railings, waste baskets, benches, drainage improvements, sod, groundcover, mulch, gravel, and other landscaping and recreational trail improvements, and to trim, cut, and keep clear trees, limbs, and undergrowth within the Trail Segment (the "Trail Improvements"). Cross Seminole Trail Use Agreement between Seminole County 1 City of Winter Springs Page 2 of 12 (c) CITY assumes the sole duty, responsibility, and obligation of adequately managing, maintaining, inspecting, and repairing CITY's utilities within the Trail Segment. CITY is also responsible for repairing and replacing the Trail Improvements in the event of utility failure, including the buried 66 -inch drainage pipe located within the Trail Segment. (d) In the event the 66 -inch pipe for drainage collapses during or after construction of COUNTY's trail, CITY shall repair or replace such collapsed pipe and any other damage caused by such collapsed pipe, or alternatively reimburse COUNTY for the cost of such repair or replacement. Section 3. COUNTY's Responsibilities. (a) COUNTY shall use the Trail Segment solely for outdoor recreational purposes, and the Trail Improvements will be for benefit of and use by the general public. (b) COUNTY shall bear all costs and expenses associated with or arising out of the construction, repair, inspection, management, and maintenance of the Trail Improvements upon the Trail Segment. (e) COUNTY shall keep CITY fully apprised of the construction and repair of the Trait Improvements within the Trail Segment including, but not limited to, providing CITY advanced notice of any planned construction or repairs, courtesy copies of plans and specifications for these improvements, and a time schedule for any planned construction or repairs. Construction and repairs of the Trail Improvements within the Trail Segment must not interfere with or obstruct any CITY utilities existing within the Trail Segment. COUNTY shall comply with the Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statutes (2018), as this statute may be amended from time to time, to the extent applicable to locate underground utilities prior to conducting any excavation or demolition within the Trail Segment. Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 3 of 12 (d) The rights granted to COUNTY under this Agreement are expressly subject to CITY's right, at its sole expense, to continue to utilize the Trail Segment for utility purposes including, but not limited to, water, sewer, and stormwater utilities. COUNTY has no responsibilities for the maintenance of these utilities except to the extent necessary to repair damage to the utilities caused by COUNTY or its employees, agents, and contractors. CITY has the right to temporarily prohibit public access and use of the Trail Improvements on the Trail Segment from time to time as deemed necessary by CITY to construct, repair, inspect, and maintain CITY owned utilities located within the Trail Segment. (e) COUNTY shall use the Trail Segment at its sole risk and expense, and COUNTY will be responsible for the COUNTY'S employees, contractors, or agents accessing the Trail Segment and constructing, repairing, inspecting, managing, and maintaining the Trail Improvements on the Trail Segment under this Agreement. (f) COUNTY hereby assumes the sole duty, responsibility, and obligation of adequately managing, maintaining, inspecting, and repairing the Trail Improvements that are constructed within the Trail Segment, and provide proper supervision of the general public's use of such Trail Improvements and the Trail Segment. COUNTY shall maintain the Trail Improvements within the Trail Segment in a condition compatible with the design and maintenance standards established by COUNTY for the Cross Seminole Trail System. COUNTY shall take all reasonable steps to ensure that the rights granted by this Agreement are exercised in a manner consistent with the provisions of this Agreement. (g) CITY will have no liability or obligations regarding COUNTY's Trail Improvements, including any and all actions, claims, damages, and loss, including costs and attorney's fees, occasioned by or arising in any manner whatsoever, directly or indirectly, by Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 4 of 12 reason of COUNTY's use of the Trail. Segment including, but not limited to, COUNTY's construction, repair, inspection, management, and maintenance of the Trail Improvements on the Trail Segment. (h) In the event of any damages or injuries occurring upon the Trail Segment, COUNTY shall immediately report the nature and extent of the damages or injuries to CITY. Section 4. Indemnification. (a) COUNTY expressly acknowledges and accepts its responsibility under applicable law, and to the extent permitted by law, agrees to indemnify, defend and hold CITY harmless for loss, damage, or injury to persons or property, arising out of or resulting from COUNTY's activities as described in this Agreement, unless such claim or demand arises out of or results from the negligence of CITY, its servants, agents, employees, or assigns. This provision is not to be construed as a waiver by COUNTY of its sovereign immunity, except to the extent waived pursuant to Section 768.28, Florida Statutes (2018), as this statute may be amended from time to time. To the extent COUNTY has contract employees or agents performing any work on pursuant to this Agreement, COUNTY shall ensure the contractor has CITY added as additional insured to the contractor's insurance prior to the employee or agent performing any work pursuant to this Agreement. (b) CITY expressly acknowledges and accepts its responsibility under applicable law, and to the extent permitted by law, agrees to indemnify, defend and hold COUNTY harmless for loss, damage, or injury to persons or property, arising out of or resulting from CITY's activities as described in this Agreement, unless such claim or demand arises out of or results from the negligence of COUNTY, its servants, agents, employees, or assigns. This provision is not to be construed as a waiver by CITY of its sovereign immunity, except to the extent waived pursuant to Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 5 of 12 Section 768.28, Florida Statutes (2018), as this statute may be amended from time to time. To the extent CITY has contract employees or agents performing any work pursuant to this Agreement, CITY shall ensure the contractor has COUNTY added as additional insured to the contractor's insurance prior to the employee or agent performing any work pursuant to this Agreement. (c) The principles of comparative negligence apply to loss, damage, or injury as specified in subsections (a) and (b) above where the negligence of both CITY and COUNTY and their respective servants, agents, employees, or assigns are involved. (d) The parties further agree that nothing contained in this Agreement may be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of COUNTY and CITY beyond the waiver provided for in Section 768.28, Florida Statutes (2018), as this statute may be amended from time to time. (e) The waiver of any provision in this Agreement regarding insurance by either party will not constitute the further waiver of this provision regarding indemnification or the waiver of any other provision of this Agreement. Section S. Insurance. (a) Each party shall maintain adequate insurance coverage to protect its own interests and obligations under this Agreement. (b) COUNTY shall require that all contractors employed to perform the construction or maintenance of the Trail Improvements are sufficiently insured and are liable for the payment of reasonable compensation to CITY for the property of CITY that is damaged or destroyed during the course of this construction or maintenance, Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 6of12 (c) CITY shall require that all contractors employed to perform the maintenance or repair of CITY's utilities in the Trail Segment are sufficiently insured and are liable for the payment of reasonable compensation to COUNTY for the property of COUNTY that is damaged or destroyed during the course of this construction or maintenance. Section 6. Employee Status. Persons employed by CITY in the performance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of COUNTY, nor do these employees have any claims to pensions, worker's compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Persons employed by COUNTY in the performance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of CITY, nor do these employees have any claims to pensions, worker's compensation, unemployment compensation, civil service, or other employee rights or privileges granted to CITY's officers and employees either by operation of law or by CITY. Section 7. Notice. Any notice delivered with respect to this Agreement must be in writing and will be deemed to be delivered (whether or not actually received) when (i) hand - delivered to the persons designated below, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return -receipt requested, addressed to the person at the address for the party as set forth below, or such other address or to such other person as the party may have specified by written notice to the other party delivered according to this section: As to COUNTY: Leisure Services Department Attn: Greenways and Natural Lands 100 East 1 st Street, 4th Floor Sanford, Florida 32771 Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 7 of 12 As to CITY: City of Winter Springs Attn: City Manager 1126 East State Road 436 Winter Springs, Florida 32708 Section 8. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. Section 9. Parties Bound. This Agreement is binding upon and inures to the benefit of CITY and COUNTY, and their successors and assigns. Section 10. Conflict of Interest. (a) The parties shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the other party or that would violate or cause third parties to violate the provisions of Part Ill, Chapter 112, Florida Statutes (2018), as this statute may be amended from time to time, relating to ethics in government. (b) Each party hereby certifies that no officer, agent, or employee of that party has any material interest (as defined in Section 112.312(15), Florida Statutes (2018), as this statute may be amended from time to time, as over 5%) either directly or indirectly, in the business of the other party to be conducted here, and that no such person will have any such interest at any time during the term of this Agreement. (c) Each party has the continuing duty to report to the other party any information that indicates a possible violation of this Section. Section 11, Dispute Resolution. Either party to this Agreement may notify the other party that it wishes to commence formal dispute resolution with respect to any unresolved problem Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 8 of 12 under this Agreement. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil Mediator for mediation, within sixty (60) days following the date of this notice. In the event that any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which, as provided in Section S above, is the sole venue for any such civil action. The parties further agree that any such action will be tried to the Court, and the parties hereby waive the right to jury trial as to such action. Section 12, Entire Agreement. (a) It is understood and agreed that the entire agreement of the parties is contained in this Agreement, which supersedes all oral agreements, negotiations, and previous agreements between the parties relating to the subject matter of this Agreement. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by both parties, except as otherwise specifically provided in this Agreement. Section 13. Assignment. This Agreement may not be assigned by either party without the prior written approval of the other party. Section 14, Severability. If any provision of this Agreement or the application of this Agreement to any person or circumstance is held invalid, it is the intent of the parties that the invalidity will not affect other provisions or applications of this Agreement that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 9 of 12 Section 15. Public Records Law. (a) CITY and COUNTY acknowledge each other's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be amended from time to time, to release public records to members of the public upon request. CITY and COUNTY acknowledge each other is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be amended from time to time, in the handling of the materials created under this Agreement and that this statute controls over the terms of this Agreement. (b) Failure to comply with this Section will be deemed a material breach of this Agreement, for which the non -breaching party may terminate this Agreement immediately upon written notice to the breaching party. Section 16. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, constitutes an original, but all counterparts together constitute one and the same instrument. Section 17. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret, or construe any provision of this Agreement. Section 18. Effective Date. The Effective Date of this Agreement will be the date when the last party has properly executed this Agreement as determined by the date set forth immediately below the respective signatures of the parties. Section 19. Term. The term of this Agreement is twenty years from the Effective Date and will automatically renew for another twenty-year term on each subsequent twentieth anniversary of the Effective Date. Once the Cross Seminole Trail is constructed upon the Trail Crass Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 10 of 12 Segment as intended by this Agreement, and the Trail Segment subsequently ceases to be used for the Cross Seminole Trail, this Agreement may be terminated by either party by providing thirty (30) days written notice to the other party pursuant to Section 7 above. Upon termination of this Agreement, COUNTY shall remove the Trail Improvements, unless upon request by COUNTY, CITY authorizes, in writing, the Trail Improvements to be abandoned in place. If abandoned, the Trail Improvements will become the property of CITY. [Balance of this page intentionally blank; signatory page continues on page IZ..] Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 11 of 12 IN WITNESS WHEREOF, COUNTY and CITY have each caused this Agreement to be executed in their names, by and through their duly authorized representatives, on this day of .2018. ATTEST: Andrea Lorenzo Luaces, City Clerk For the use and reliance of The City of Winter Springs only. Approved as to form and legal sufficiency. Anthony A. Garganese, City Attorney ATTEST: GRANT MALOY Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney CITY OF WINTER SPRINGS Charles Lacey, Mayor BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA. By: JOHN HORAN, Chairman Date: As authorized for execution by the Board of County Commissioners at its , 2018, regular meeting. DGS/dre 09/6118 Attachment: Exhibit "A" — Legal description and sketch T:\UsersldedgeNy Documents\AGT1201 Minter Springs Trail Use Agreeinent.docx Cross Seminole Trail Use Agreement between Seminole County / City of Winter Springs Page 12 of 12 SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) POINT OF COMMENCEMENT NWCORNER OF ENTZMINGE2 FARMS, ADDFFION Na 2 1 PH 5. PG 1 ` 4 rrrrr'�r� EAST UNE OF OVIEDO FARMS a 7WACT2 I OVIEDO FARMS PB 6, PC,. B6 - r r LINE OF TRACT 1 s� EAST I 1 - ' LOT 1 ` ff ENT7.MINGER FARMS ` P,O,B- # I 1 1 ADDITION No 2 1 (PARCEL #I) PB. s, PG. 9 TRACT LI OV,DO FARMS PB 6, PG. 86 ' 4 ° 1r" r ,jpUlj(1IpT.4G91 R9�C RMT cr I L2 P.O.B. # 2 (PARCEL #2) SE. CORNER OF OMEDO FARMS P.O.B. (LESSOUT #1) Npq QLD SA ��SANF RpLPRIC/ij o NpORD.O�F S2j° =4°rrZ Aru"�pib MTS�z21 DO oio Z6gq?22I "� LINE TABLE LINE BEARING DISTANCE LI N87'00'I9"E 25.13' L2 585'23'06"W 25.13' L3 NOS'40'O0"W 35.88' 1.4 N8T00'18"E 25.19' LSSO8°41'OO"F 2914.93' 35.17 ( NOT PLATTED) SEMINOLE COUNTY ENGINEERING DEPARTMENT SURVEY SECTION 520 W. LAKE MARY BLVD. SANFORD, FLORIDA 32773 407-665-5647 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED STEAL OF A FLC,RIDA LICENSED SURVEYOR MAPPER. I, BY: GARY A. LEISE P. .S. -FLA. CERT.# 4723 LESSOUT SANFORD pV7 G�OA:Iy � ROgq OLD 10 m o w ao N O WA 'o ma M Ca N MATCHLINF (SEE SHEET 2) W j SHEET 1 OF 3 LEGEND 0CENTRAL ANGLE (DELTA) CURVE TABLE R - RADIUS CURVE RADIUS CENTRAL ANGLE Ch. BEARING DISTANCE Cl 2241.83' 0°43'11" N71.15'48"W 28.16- C2 2814.93' 0'3736" 562.58'22"E 30.78' C3 2914.93' 0°35'41" N64.22'25"W 30.26' SEMINOLE COUNTY ENGINEERING DEPARTMENT SURVEY SECTION 520 W. LAKE MARY BLVD. SANFORD, FLORIDA 32773 407-665-5647 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED STEAL OF A FLC,RIDA LICENSED SURVEYOR MAPPER. I, BY: GARY A. LEISE P. .S. -FLA. CERT.# 4723 LESSOUT SANFORD pV7 G�OA:Iy � ROgq OLD 10 m o w ao N O WA 'o ma M Ca N MATCHLINF (SEE SHEET 2) W j SHEET 1 OF 3 LEGEND 0CENTRAL ANGLE (DELTA) PR - PLAT BOOK R - RADIUS PG - PAGE (S) CR CHORD BEARING ORB - OFFICIAL RECORDS BOOK L - ARC LENGTH SEC SEC77ON - TOWNSHIP RANGE CH CHORD PCL -PARCEL O SET IRON PIN OR PIPE PC — POINT OF CURVATURE • FOUND IRON PIN OR PIPE PT — POINT OF TANGENCY SET CONCRETE MONUMENT PI — POINT OF INTERSECTION ■ FOUND CONCRETE MONUMENT PCC — POINT OF COMPOUND CURVE P.O.B. — POINT OF BEGINNING PRC — POINT OF REVERSE CURVE P.O.C. — POINT OF COMMENCEMENT M — MEASURED P.O T — POINT OF TERMINATION P — PLAT R/W — RIGHT OF WAY F — FIELD D; DEED C/L — CENTERLINE C — CALCULATED P/L — PROPERTY LINE UTIL - UTILITY ESMT - EASEMENT FIELD DATE: N/A DAT. 1/31/12 F �HY�, JOB NAME: 12-007&09-0O9Z�SCALE: ,L, SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) MATCHLINE (SEE SHEET 1) z \ \ \ LOT n ENTZMINGER FARMS ADDITION No 2 \ m PB. S, PG. 9 \ \ c \ P.O.B. (LESSOUT #2) do \ �� Typo Vie' 9jrR7D' Y4�w \ LESSOUT \ OF O s m Q `TO ` Ty UT��'�QR7CyJ: . O,� OFWR� LOT I1 WMTER SPRINGSINOUSTRIAL PARK PB 28 PG. 29 NORTHERLY RIGHT -OF- WAY LINE OF C-R, 419 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD 419, SECTION 77070 2506, SHEET 5 LOT 35 Z O Cl SHEET 2 OF 3 SEMIN�-nOLE COUNTY' I LEGEND ENGINEERING l+lLV E ING D�f�TM1:l A CENTRAL ANGLE (DELTA) PB - PLAT BOOK V � V 1 R - RADIOS! PG � PAGE (S) f �7 SUR SURT Y�E SECTION CB CHORD REARING ORB - OFFICIAL RECOROSBOOK 520 W. LAKE MARYBLVD L - ARC LENGTH SEC SECTION TOWNSIHP- RANGE SANFORD, FLORIDA 32773 CH -CHORD PCL PARCEL O SET I'dON PIN OR PIPE PC - POINT OF CURVATURE 407-665-5647 FC N' PON PIN OR PIPE PT - POINT OF TANGENCY ❑ SET :'.-,_.PEII VONUMENT PI - POINT OF INTERSECTION ■ FOUND CONCRL-_ vCNUb+ENT PCC - POINT OF COMPOUND CURVE P.O.S. - POINT 01 'Eu NSI,% PRC - POINT OF REVERSE CURVE P.O.C. - POINT Cl I"'!N: V - MEASURED P.O.T - POINT�F'rzV w", P -- PLAT R/W - RIGHT OF WAY F - FIELD D - DEED C - CALCULATED C/L - CENTERLINE P/L - PROPERTY LINE U77L - U77LFIY ESMT - EASEMENT FIELD DATE: N/A SCALE: 1"=80 DATE: 1/31/12 DRAWN BY. SMF JOB NAME: 12.007&09-O09Z CHECKED 8Y: G.I,. r DESCRIPTION (PARCEL #I). -LEGAL DESCRIPTION A PORTION OF THE 25' RIGHT-OF-WAY LYING WEST OF LOT 1, LOT 6 AND LOT 35, ENTZMINGER FARMS ADDITION No 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICUI ARI Y DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHWEST CORNER OF INTZMINGER FARMS ADDITION No 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN 508'4100'E, ALONG THE WEST LINE OF SAID ENTZMINGER FARMS ADDITION No 2, A DISTANCE OF 903.62 FEEL' TO THE POINT OF BEGINNING #1 (P. D.B. #A THENCE RUN N.87'00'18 "E, A DISTANCE OF 25.13 FEET TO A POINT ON THE WEST LINE OF LOT I OF SAIDENTZMINGER FARMS ADDITION No 2, THENCE RUN S-08-41 'OOE., ALONG THE WEST LINE OF LOT 1, LOT 6 AND LOT 35 OF SAID ENTZMINGLR FARMS, ADDITION No 2, A DISTANCE OF 924.32 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF C.R. 419, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 419, SECTION 77070-2506, SHEET 5; SAID POINT BEING A POINT ON A CURVF CONCAVE NORTHERLY, HAVING A RADIUS OF 2,241.83 FEET, THENCE FROM A CHORD BEARING OF N.71 -15'48"W, RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00'43'11, A DISTANCE OF 28.I6 FELT TO A POINT ON THE AFOREMENTIONED WEST LINE OF ENTZMINGER FARMS ADDITION No 2; THENCE RUN N.08'4 I'00"W, ALONG SAID WEST LINE A DISTANCE OF 913.84 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT THAT PORTION LYING WITHIN THE OLD SANFORD-OVIEDO ROAD RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER OF ENTZMINGER FARMS ADDITION No 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN S. 08*4 I'00"E, ALONG THE WEST LINE OF SAID F.NTZMINGER FARMS ADDITION No 2, A DISTANCE OF 903.62 FEET, THENCE RUN N.87 -00-18"F, A DISTANCE OF 25.13 FEET TO A POINT ON THE WEST LINE OF LOT 1 OF SAID ENTZMINGER FARMS ADDITION No 2, THENCE RUN 508°41 00E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 127.55 FEEL' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLD SANFORD-OWEDO ROAD AND THEPOINT OF BEGINNING (P.O.B. LESSOUT #1); THENCE CONTINUE S 08°41'00"E, A DISTANCE OF 69.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF OLD SANFORD-OVIEDO ROAD; THENCE R UN N.77'21'21 "W., ALONG SAID SOUTH LINEA DISTANCE OF 26.84 FEET THENCE RUN N 08'41 '00"W, A DISTANCE OF 69.00 FEET TO A POINT ON THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE; THENCERUN 5.77.22-21 "£, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 26.84 FET TO THE POINT OF BEGINNING ('.O.B. LESSOUT #1) AND THAT PORTION LYING WITHIN THE CSX RAILROAD RIGHT •OF -WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHWEST CORNER OF ENTZMINGER FARMS ADDITION No 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OF.SEMINOLE COUNTY, FLORIDA; THENCE RUN S 08'41'00 "E, ALONG THE WEST LINE OF SAID ENTZMINGER FARMS ADDITION No 2, A DISTANCE OF 903.62 FEET; THENCE RUN N87.00'18"E, A DISTANCE OF 25.13 FEET TO A POINT ON THE WEST LINE OF LOT I OF SAID ENTZMINGER FARMS ADDITION No 2, THENCE RUN 508.41'00F, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF l 27.55FEET TOA POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLD SANF ORD-OVIEDO ROAD; THENCE CONTINUE- S.O8'41 'OOT., A DISTANCE OF 69.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF OLD SANFORD-OVIED0 ROAD; THENCE CONTINUE S -08'41'00-E., A DISTANCE OF 331.20 FEET TOA POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE CSX RAILROAD AND THE POINT OF BEGINNING (P.O.B. LESSOUT #2); THENCE CONTINUE 508'41'00"E, A DISTANCE OF 121.63 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE THE CSX RAILROAD; SAID POINT BEING A POINT ON A CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 2914.93 FEET, THENCE FROM A CHORD BEARING OF N.64 -2225"W., RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 00'35'41 ", A DISTANCE OF 30.26 FEET; THENCE RUN N 08 41'00"tti :, A nISTANCE OF 122.54 FEEL TO A POINT ON THE AFOREMENTIONED NOR THERL Y RIGHT-OF-WAY LINE OF THE CSX RAILROAD; SALD POINT BEING A POINT ON A CURVE CONCA VE NORTHERLY, HAVING A RADI US OF 2814.93 FEET, THENCE FROM A CHORD BEARING OF S.62.58'22 E, R UN SO UTHFA STERL Y ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 00.37'36", A DISTANCE OF 30.78 FEET; TO THE POINT OF BEGINNING (P. a R. LESSOUT # 2) CONTAINING 0.42 ACRES, MORE OR LESS DESCRIPTION (PARCEL_ #2): A PORTION OF THE 25' RIGHT-OF-WAY L YING EAST OF TRACT 1, OVIEDO FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 86 OF THE PUBLIC PI'CORDS OF SEMINOLE COUNTY, FLORIDA„ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE SOUTHEAST CORNER OF OVIEDO FARMS (F..O.B. #2), ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 86, OF THE PUBLIC RECORDS OF .Sp lIINOLE COUNTY, FLORIDA; THENCE RUN S 8523'06"W, ALONG THE SOUTH LINE OF OVIEDO FARMS, A DISTANCE OF 25.13 FEET TO -1FfESOUTHEAST CORNER OF TRACT 1, OF SAID OVIEDO FARMS; THENCE RUN M08"40'00'W, ALONG THE EAST LINE OF SAID TRACT], ,A DISTANCE OF 35.88 FEET; THENCE RUN N.87-00'181, A DISTANCE OF 2519 FELT TO THE EAST LINE OF SAID OVIEDO FARMS,' THENCE RUNS 08'4100"F_., ALONG SAID EAST LINE A DISTANCE OF 35.17 FEET TO THE POINT OF BEGINNING # 2 CONTAINING 890 SQUARE FEET, MORE OR LESS. SEMINOLE COUNTY ENGINEERING DEPARTMENT SURVEY SECTION 520 W. LAKE MARY BLVD. SANFORD, FLORIDA 32773 407-665-5647 REIvTSIONS DATE DESCRIPTION BY 1 Ui -2-2016 .3RDP4RTIlF5CRlPn0N R1111I0N 2 FROM NORIIIR(SIFRIl R)5'MPMFn.41'F'tL]" G,l- SHEET 3 OF 3 BEARINGS SHOWN III IR1'ON , WE BASED ON THE WEST LINE OF ENT7MINGER FARMS MI NTION No 2 HAVING AN ASSUMED BEARING OF S.08'41 'DOE SURVEYOR'S NOTES 1. THIS IS NOT A SURVEY. 2. UNDERGROUND UTILITIES AND/OR IMPROIFMENTS NOT LOCATED, 3. SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON, THE ABOVE REFF-RF.NCED PROPERTY MAY BE SUBJECT TO EASEMENTS AND RESTRICTIONS OFRF.CORD, IF ANY. 4. ATTINTION IS DIRECTED TO THE FACT THAT THE SCALE OF THESE MAPS MAY BE AL TERED BY REPRODUCTION AND/OR ELECTRONIC FILE CONVERSION OF THE ORIGINAL DRAWING FILE FORMAT. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED DATA. FIELD DATE: DATE: _ JOB NAME: SCALE I"=ISO' DRAWN BY: SMF