HomeMy WebLinkAboutSeminole County Development Company, LLC Development Agreement (Iriye Suites) - 2019 01 28GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019023440 Bk:9309 Page:1300-1315
REC: 03/06/2019 8:08:28 AM by hdevore
RECORDING FEES $137.50
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A. FOR RECORDING DEPARTMENT
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
DEVELOPMENT AGREEMENT
(Mixed -Use - Live -Work Residential Units)
THIS TOWN CENTER DEVELOPMENT AGREEMENT ("Agreement") is made and
executed this 28th day of January, 2019, by and between the CITY OF WINTER SPRINGS, a
Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and SEMINOLE COUNTY DEVELOPMENT COMPANY, LLC., a Florida
limited liability company, ("Developer"), whose address is 303 Balfour Drive, Winter Springs,
Florida 32708.
WITNESSETH:
WHEREAS, Developer is the owner of approximately 1.2 acres, more or less, of real
property located at 150 Tuskawilla Road, Winter Springs, Seminole County, Florida, more
particularly described herein ("Property"); and
WHEREAS, currently there is a non -conforming single-family home located on the
Property ("Nonconforming Structure") that is not in compliance with the City Code including the
current Town Center zoning regulations; and
WHEREAS, Developer desires to discontinue and remove the Nonconforming Structure
and redevelop the Property by changing its use from single family residential to a mixed-use
building project containing "live -work" multi -family residential units and work space ("live -work"
concept is a person(s) having the flexibility of being able to live and work in the same rental unit)
bringing the Property into compliance with the City's Town Center zoning regulations in
accordance with the terms and conditions of this Agreement; and
WHEREAS, in support of its proposed project containing "live -work" multi -family units
and work space, Developer has represented and proposed to incorporate fifteen (15) multi -family
live -work units into the project which require separate approval of a special exception by the City
Commission as required by the Town Center zoning regulations; and
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Pagel of 8
WHEREAS, as a condition of the City Commission granting, on January 28, 2019,
Developer's request for a special exception for 15 multi -family live -work units on the Property
unique to Developer's project, the Developer and the City desire to enter into this Agreement
setting forth certain material terms and conditions of the "live -work" mixed use project as more
specifically set forth herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3.0 The Property. The real property subject to this Agreement has a tax parcel
identification number of 26-20-30-5AR-00-OOU3 and is legally described in EXHIBIT "A",
attached hereto and fully incorporated herein by this reference ("Property").
4.0 Project Description and Requirements. As a condition of granting the
aforementioned special exception for the construction of fifteen (15) multi -family live -work units
on the Property, the City and Developer agree that the Property shall be developed as a mixed-use
project which incorporates and maintains a "live -work" concept by integrating both work space
and multi -family residential dwelling units into the building. The project shall consist of two
phases. Phase one shall consist of two (2) two-story buildings (Buildings A and B), comprised of
approximately 12,000 square feet. Building A will have eight (8) live -work units (four (4) live -
work units on each floor) and Building B will have two (2) live -work units on the second floor and
a conference room and eight (8) work spaces on the first floor. Phase 2 consists of one (1) two-
story building that is approximately 7,000 square feet and will have five (5) live -work units. Phase
one shall also include the construction of all site improvements such as sidewalks, hardscape,
parking, lighting, utilities, and general landscaping required by this Agreement and the City Code.
Each live -work unit shall have a distinct and separate work space attached to it with a separate
entrance for business activity without having to enter the work space through the living portion of
the unit itself. The residential dwelling units shall be offered at market rate prices and will range
in size of approximately 465 square feet to 1,370 square feet including the space for the attached
work space. (hereinafter the project description and requirements are referred to as the "Project").
In order to maintain the Project's live -work residential environment, the Developer shall maintain
a policy to allow tenants to use the work space and conference/meeting room in the Project in
accordance with the terms and conditions of the policy established for the Project.
5.0 Concept Plan. The Project shall be substantially developed in accordance
with the concept plan which is attached hereto as EXHIBIT "B" and incorporated herein by this
reference ("Concept Plan"). The Concept Plan is intended to be the general blueprint which
details key aspects of the future physical development of the Property. The Concept Plan shall also
serve as a necessary guide for future permit applications and permitting necessary to complete the
construction of the Project. Developer shall have the obligation to further submit and obtain the
City's approval of a final site plan and final engineering plans ("Final Engineering Plans")
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 2 of 8
consistent with the Concept Plan in all material respects and in compliance with the City Code.
The building is intended to be for illustrative purposes only and may be modified during the final
engineering process so long as the building complies with the development standards set forth in
this Agreement including, but not limited to, the fifteen (15) multi -family units. Developer
acknowledges and agrees that the Concept Plan was not created with specific surveyed dimensions
and that during the Final Engineering Plan process such dimensions shall be surveyed, duly
engineered, and provided to the City for consideration under applicable City Codes. The Concept
Plan shall be subject to reasonable adjustments at the Final Engineering Plan phase in order to
bring the Project into full compliance with the City Code, and as a result, the exact location, layout
and dimensions of the building, landscaping, entrances, utilities, parking and other site
improvements may vary slightly between Concept Plan approval and approval of the Final
Engineering Plans. These changes shall be allowed as long as the changes are consistent with the
development standards noted in this Agreement and preserve the general character of the
development shown on the Concept Plan.
6.0 Building Elevations and Floor Plans. The two-story building and related
floor plans shall be constructed substantially in accordance with the building elevations and floor
plans depicted and set forth on EXHIBIT "C," which is attached hereto and incorporated herein
by this reference ("Building Plans"). However, the facade of the building shall specifically
incorporate brick features compatible and in harmony with the surrounding buildings so the
building has an architectural connection with the area. Further, other aspects of the building facade
and roof lines, color scheme, and architectural features depicted on the building may have to be
adjusted during the CITY'S final review and approval procedures to satisfy the requirements of
the City Code. The design of the phase two building, when and if constructed, shall be consistent
and in harmony with the phase one building in order to create one unified Project.
7.0 Additional Special Development Conditions. The following additional
development conditions shall apply to the Project:
A. Parking. There shall be a maximum of forty-six (46) paved parking spaces
constructed for the Project that comply with the technical requirements of the City Code and as
generally depicted on the Concept Plan. The final number of parking spaces shall be determined
at the time Final Engineering is approved. The parking spaces shall be accessed from the proposed
entrance/exit driveways depicted on the Concept Plan along Tuskawilla Road and Blumberg
Boulevard.
B. Stormwater. Stormwater retention for the Property has already been master
planned and required stormwater retention shall be provided at a nearby pond serving the Town
Center. Developer shall be required to design, permit, construct and maintain, at its expense, the
facilities necessary to discharge stormwater from the Property to the pond.
C. Oak Tree. The live oak tree located on the southern portion of the Property shall
be maintained and protected during the construction of the Project in accordance with the tree
protection requirements set forth in the City Code unless removal is allowed by the City under the
specimen tree process set forth in the City Code.
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 3 of 8
D. Emer2ency Access. For public safety purposes, Developer's Conceptual Plan
will depict a temporary and emergency entrance/exit along the southern boundary of the Property
within the parking area constructed for the Project. In furtherance of this temporary and emergency
entrance/exit, Developer shall attempt to secure written permission from one or more adjacent
private property owners for temporary and emergency ingress and egress over such adjacent
property that can be used during times that the entrance to the Property from Blumberg Boulevard
and Tuskawilla Road may not be available due to special events or road construction. If written
permission is not obtained, then one of the entrances/exits to the Property, chosen at the City's
discretion, shall be available at all times during special events or road construction. Written
permission should be secured no later than the date that the Developer obtains final engineering
approval by the City Commission. The City and Developer shall cooperate fully with each other
to effectuate and obtain the written permission.
E. Attached Work Space. The work space required to be attached to each
residential unit allowed under this Agreement shall only be limited to residential use or work
related uses that are compatible, incidental and subordinate to the attached residential use similar
to home occupation type uses and in compliance with applicable City Codes including state fire
and building codes. No other use shall be permitted in the work space in order to preserve the
intended purpose of the Project which is to maintain a "live -work" residential environment for
future tenants.
8.0 Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly executed
and delivered by the City and Developer, constitute a legal, valid and binding obligation
enforceable against the parties hereto. Upon acquisition of the Property by the Developer and the
recording of this Agreement in the Public Records of Seminole County, Florida, the Agreement
shall be a binding obligation upon the Property in accordance with the terms and conditions of this
Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for
purposes of binding himself and the Property to the terms and conditions set forth in this
Agreement.
9.0 Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City and Developer and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the Property and shall
run with title to the same upon being duly recorded against the Property by the City.
10.0 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
11.0 Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto (or their successors or assigns) and approved by
the City Commission.
12.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 4 of 8
agreement between the City and Developer as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
13.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
14.0 Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
15.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded
in the Public Records of Seminole County, Florida by the City.
16.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal -agent relationship between the parties,
and neither parry is authorized to, nor shall either party act toward third persons or the public in
any manner, which would indicate any such relationship with the other.
17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right
to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the
City's potential liability under state or federal law. As such, the City shall not be liable under this
Agreement for punitive damages or interest for the period before judgment. Further, the City shall
not be liable for any claim or judgment, or portion thereof, to any one person for more than two
hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising
out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars
($300,000.00).
18.0 City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be construed
as the City bargaining away or surrendering its police powers.
19.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no parry shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
20.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
21.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided by
this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 5 of 8
22.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, each party shall be responsible for their own attorney's fees and costs.
23.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to
withhold, suspend or terminate any and all certificates of occupancy for any building, trailer,
structure or unit if Developer is in breach of any term and condition of this Agreement. The City
will strive to expedite all permits pertaining to the Project.
24.0 Default. Failure by either parry to perform each and every one of its
obligations hereunder shall constitute a default, entitling the non -defaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation, an
action for specific performance and/or injunctive relief. Prior to any parry filing any action as a
result of a default under this Agreement, the non -defaulting party shall first provide the defaulting
party with written notice of said default. Upon receipt of said notice, the defaulting party shall be
provided a thirty (3 0) day opportunity in which to cure the default to the reasonable satisfaction of
the non -defaulting party prior to filing said action.
25.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building permits
and substantially commence vertical construction of the phase one building of the Project within
three (3) years of the effective date of this Agreement. Upon issuance of the certificate of
occupancy for the phase one building, Developer shall have five (5) years from said issuance to
receive building permits and substantially commence vertical construction of the phase two
building of the Project or the special exception for the five additional multi -family live -work units
for phase two shall automatically be deemed expired unless said time period is extended for up to
one additional year by the City Commission. In addition, the City shall have the right, but not
obligation, to terminate the Agreement if Developer permanently abandons construction of the
Project, provided, however, the City shall first deliver written notice and an opportunity to cure to
the defaulting party as set forth in Section 24 above. If the City terminates this Agreement, the
City shall record a notice of termination against the Property in the public records of Seminole
County, Florida.
26.0 Release and Hold Harmless. Developer shall be solely responsible for designing,
permitting, constructing, operating and maintaining this Project. As such, Developer hereby
agrees to release and hold harmless the CITY and its commissioners, employees and attorneys
from and against all claims, losses, damages, personal injuries (including, but not limited to,
death), or liability (including reasonable attorney's fees and costs through all appellate
proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer's
contractor's and subcontractor's performance of design, permit and construction activities in
furtherance of constructing the Project under this Agreement and the operation and maintenance
of the Project thereafter. This provision shall survive the termination of this Agreement.
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 6 of 8
27.0 Force Majeure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including, but
not limited to, acts of God, acts of government authority (other than the City's own acts), acts of
public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the
contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such parry was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either parry.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first above written.
ATTEST: ,
t
i J
Andrew Lorenzo Luaces, City Clerk
CITY SEAL
CITY OF WINTER SPRINGS
h y
By:
Charles Lacey'
,:lVla
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date: d)
L-02
Anthony A'''Garganese, City Attorney for
the City of Winter Springs, Florida
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 7 of 8
Signed, sealed and delivered in the
presence of the following witnesses:
S' nature of Witness _
Printed Name of Witness
S' t-ure of Witness
i Irl % )la-1CJ—
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
SEMINOLE COUNTY DEVELOPMENT
C
J Iriye, Mana ing e er
Date:
The foregoing instrument was acknowledged before me this 3o+hday of Jan u.ayt ,
2019, by John Iriye, the Managing Member of SEMINOLE COUNTY DEVELOPME T
COMPANY, LLC., a Florida limited liability company. He is personally known to me or
produced F LORI QA DtuyeR'S h rr . as identification.
(NOTARY SEAL)
(Not Public Signature)
V- 1r)
(Print Name)
Notary Public, State of FLORIDA
,PPv>UB'• LORNAM. BRADLEI' Commission No.: L-t?4 100 3
M`! COMMISSION # GG 106330
EXPIRES: May 18, 2021 My Commission Expires: '5. l $ .21
Bonded Thru Notary Public Underwriters
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 8 of 8
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Schedule A
All of the unplatted part of Block "B" lying on the East side of the Oviedo -Sanford Brick Road, of D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida.
LESS AND EXCEPT:
Begin at the Northwest corner, run Southeasterly on the road 520 feet; North 50 degrees 09 minutes 45
seconds East, 335.54 feet; North 72 degrees 40 minutes 15 seconds West 618.86 feet to Point of Beginning,
Section 36, Township 20 South, Range 30 East.
ALSO LESS AND EXCEPT:
PARCEL NO. 123
A part of the unnumbered Lot in Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE
JESSUP, according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public Records of Seminole
County, Florida, being more particularly described as follows:
Commence at the Northeast corner of said unnumbered Lot in Block B, said point being the point of
intersection of the Southerly right-of-way line of First Street, a 30 -foot wide unopened right-of-way and the
Northwesterly right-of-way line of Brantley Avenue, a 50 -foot wide right-of-way; thence run North 71
degrees 22 minutes 40 seconds West along said Southerly right-of-way line of First Street and the North line
of said unnumbered Lot in Block B a distance of 1148.72 feet; thence departing said Southerly right-of-way
line run South 51 degrees 27 minutes 38 seconds West a distance of 282.94 feet for a POINT OF
BEGINNING; thence run South 38 degrees 43 minutes 16 seconds East a distance of 1255.86 feet to the point
of curvature of a curve concave Northerly having a radius of 35.00 feet; thence run Northeasterly along the
arc of said curve through a central angle of 104 degrees 44 minutes 10 seconds a distance of 63.98 feet to the
point of tangency; thence run North 36 degrees 32 minutes 34 seconds East a distance of 94.48 feet to a point
on said Northwesterly right-of-way line of Brantley Avenue; thence run South 30 degrees 04 minutes 56
seconds West along said Northwesterly right-of-way line of Brantley Avenue a distance of 206.50 feet to the
Northeasterly right-of-way line of S.R. 434 according to F.D.O.T. Right -of -Way Map Section 77070-2516;
thence run North 38 degrees 32 minutes 22 seconds West along said Northeasterly right-of-way line of S.R.
434 a distance of 1340.52 feet; thence departing said Northeasterly right-of-way line of S.R. 434 run North 51
degrees 27 minutes 38 seconds East a distance of 53.01 feet to the POINT OF BEGINNING.
ALSO LESS AND EXCEPT:
Commence at the Northeast corner of Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON
LAKE JESSUP, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, said point
also being the intersection of the South right of way line of platted road (a/k/a First Street) and Tuskawilla
Road (a/k/a Brantley Avenue) of said D.R. Mitchell's Survey of the Levy Grant on Lake Jessup; thence run
North 72 degrees 40 minutes 15 seconds West, along said South right of way line of platted road (a/k/a First
Street) and the North line of Block "B", a distance of 358.00 feet for the Point of Beginning; thence continue
along said South right of way line and the North line of Block "B", North 72 degrees 40 minutes 15 seconds
West, 790.81 feet; thence departing said South right of way line and the North line of Block "B", run South
50 degrees 11 minutes 19 seconds West 28294 feet to a point on the North right of way line of State Road 434
(a/k/a Sanford -Oviedo Road a/k/a Oviedo -Sanford Brick Road) according to Florida Department of
Transportation right of way map, SR. 434, Seminole County, Florida, Section 77070-2516 and that certain
Book8551/Page308 CFN#2015104781 Page 3 of 5
Order of Taking, recorded in Official Records Book 2803, Page 1023, Public Records of Seminole County,
Florida; thence run South 39 degrees 59 minutes 35 seconds East, along said North right of way line, a
distance of 1255.86 feet to the point of curvature of a curve concave to the North having a radius of 35.00 and
a central angle of 104 degrees 44 minutes 10 seconds thence along said curve run 63.98 feet to the point of
tangency thereof, said point also being on the Westerly right of way line of Tuskawilla Road (a/k/a Brantley
Avenue) according to Florida Department of Transportation right of way Map, S.R. 434, Seminole County,
Florida, Section 77070-2516 and that certain Order of Taking, recorded in Official Records Book 2803, Page
1023, Public Records of Seminole County, Florida; thence run North 35 degrees 16 minutes 15 seconds East,
along said West right of way line, a distance of 94.48 feet to a point on the West right of way line of
Tuskawilla Road (a/k/a Brantley Avenue) as shown on D.R. Mitchell's Survey of the Levy Grant on Lake
Jessup, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence continue
along sold West right of way line, run North 28 degrees 48 minutes 37 seconds East, 614.65 feet; thence
departing said West right of way line run North 72 degrees 40 minutes 15 seconds West, 358.00 feet; thence
run North 28 degrees 48 minutes 37 seconds East, 209.00 feet to the Point of Beginning.
ALSO LESS AND EXCEPT:
That part of the Unnumbered Lot in Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON
LAKE JESSUP as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, more
particularly described as follows:
Commence at the Southeast corner of Lot 30, Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP said point being the intersection of the West Right of Way line of Tuskawilla
Road (formerly Brantley Avenue) and the North Right of Way line of First Street (a 30 foot unopened Right
of Way); thence run South 30 degrees 04 minutes 55 seconds West a distance of 30.61 feet to the intersection
of the West Right of Way line of Tuskawilla Road and the South Right of Way line of First Street; said
intersection being the POINT OF BEGINNING; thence continue South 30 degrees 04 minutes 55 seconds
West along the West Right of Way line of Tuskawilla Road a distance of 80.89 feet to the point of cusp of a
curve concave Northwesterly having a radius of 15.00 feet and a chord bearing of North l I degrees 54
minutes 34 seconds Fast; thence run Northeasterly along the are of said curve through a central angle of 36
degrees 20 minutes 43 seconds for an arc distance of 9.52 feet to a point of tangency; thence North 06 degrees
15 minutes 47 seconds West a distance of 59.58 feet to the point of curvature of a curve concave
Southwesterly having a radius of 15.00 feet a chord bearing North 33 degrees 29 minutes 40 seconds West;
thence run Northwesterly along the are of said curve through a central angle of 54 degrees 27 minutes 44
seconds for an arc distance of 14.26 feet to a point of tangency; thence North 60 degrees 43 minutes 32
seconds West a distance of 40.41 feet to the South Right of Way line of the aforementioned First Street;
thence South 71 degrees 24 minutes 05 seconds East along said South Right of Way line for a distance of 92.78
feet to the Point of Beginning.
ALSO LESS AND EXCEPT:
A portion of the North 209.00 feet of the East 358.00 feet of Block "B" that is on the East side of Oviedo -
Sanford Road (a/k/a State Road 434), on the West side of Brantley Avenue (a/k/a Tuskawilla Road), on the
South side of platted road (a/k/a First Street) of D.R. Mitchell's Survey of the Levy Grant on Lake Jessup,
according to the plat thereof recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, all being more particularly as follows:
Commence at the Northeast corner of Block "B", D.R. Mitchell's Survey of the Levy Grant on Lake Jessup,
as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, said point also being the
4
Book8551/Page309 CFN#2015104781 Page 4 of 5
intersection of the South Right of Way line of Platted Road (a/k/a First Street) and Brantley Avenue (a/k/a
Tuskawilla Road) of said D.R. Mitchell's Survey of the Levy Grant on Lake Jessup; thence run North 71
degrees 23 minutes 56 seconds West, along said South right of way line of Platted Road (a/k/a First Street)
and the North line of Block "B", a distance of 358.00 feet for the Point of Beginning; thence departing
aforesaid South right of way line and the North line of Block `B" run South 30 degrees 04 minutes 58 seconds
West a distance of 208.94 feet, thence run South 71 degrees 23 minutes 51 seconds East a distance of 112.34
feet; thence run North 18 degrees 36 minutes 09 seconds East a distance of 204.76 feet to a point on the
aforementioned South right of way line and the North line of Block "B", thence run North 71 degrees 23
minutes 56 seconds West along said South right of way line and the North line of Block "B", a distance of
70.75 feet to the Point of Beginning.
Book8551/Page310 CFN#2015104781 Page 5 of 5
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