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HomeMy WebLinkAboutMorgan Greens, LLC Fifth Amendment t Settlement Agreement Applicable Only to Specific Parcels - 2011 10 24 NNYWWMIE MORSE, CLERit OF CIRCUIT CMET W 07671 Pqs IM — 283; t18pgs1 CLERKIIS :0 2011128Z14 THIS INSTRUMENT WAS PREPARED RECORDED 1102992011 10:53:14 IN BY AND TO BE RETURNED TO: RECORDING FEE'S 137.50 Anthony Garganese RECORDED py J Eekenr^ath ta1111 City Attorney of Winter Springs Brown,Garganese,Weiss&D'Agresta,P.A. 111 North Orange Avenue,Suite 2000 Orlando,FL 32802 (407)425-9566 (qq©b� 7V03 FIFTH AMENDMENT TO SETTLEMENT AGREEMENT APPLICABLE ONLY TO PARCELS 64B,""D," "E,"AND"F"DEPICTED ON EXHIBIT"A" OF THE THIRD AMENDMENT TO SETTLEMENT AGREEMENT THIS FIFTH AMENDMENT TO SETTLEMENT AGREEMENT is made and executed this day of October, 2011, by and between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R.434,Winter Springs, Florida 32708,and MORGRAN GREENS,LLC,a Florida limited liability company (the"Owner"), whose address is 450 North Wymore Road, Winter Park, Florida 32789 WITNESSETH : WHEREAS, this Fifth Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at O. R. Book 3102, Page 1354 (the "Original Settlement Agreement"); as amended by that certain Second Amendment to Settlement Agreement, which is recorded at O. R. Book 3146, Page 0454; as amended by that certain Third Amendment to Settlement Agreement, which is recorded at 0. R. Book 6881, Page 0235; and as amended by that certain Fourth Amendment to Settlement Agreement, which is recorded at 0. R. Book 7090, Pages 844 through 850. All of said agreements are or will be recorded in the Public Records of Seminole County, Florida (sometimes, collectively referred to herein as "Settlement Agreement"); and WHEREAS, Exhibit"A" of the Third Amendment to the Settlement Agreement amended the Golf Course and Development Area designations for Parcel 7, which is subject to the Settlement Agreement, and for such designation purposes identified portions of Parcel 7 as Parcels"A"through"F;"and WHEREAS, Parcels `B," "D," and "F" were also identified in the Third Amendment to Settlelment Agreement as the"Condominium Property;"and WHEREAS, this Fifth Amendment to Settlement Agreement is only applicable to and effects the area described as Parcels "B," "D," "E" and "F" on said Exhibit "A," which is attached hereto and incorporated herein as Exhibit"A;"and -1 - WHEREAS, Parcels `B," "D," "E" and "F" on said Exhibit "A" are hereinafter referred to as the"Townhome Property"and are legally described on Exhibit_"B,"which is attached hereto and fully incorporated herein by this reference. WHEREAS,this Fifth Amendment to Settlement is not intended to be applicable to or effect any portion of the real property which is subject to the Settlement Agreement except for the Townhome Property;and WHEREAS, in relevant part and subject to certain terms and conditions, the Third Amendment to Settlement Agreement granted to the Owner the right to develop up to sixty(60)residential condominium units on a portion of the Townhome Property; and WHEREAS,subsequent to the Fourth Amendment to Settlement Agreement,the owner of the Townhome Property sold and conveyed that property to WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company ("Winter Springs"). Winter Springs, in turn, financed a portion of the purchase price with a loan from Owner's predecessor in interest, MORGRAN HOLDINGS, LLC, a Florida limited liability company. Winter Springs defaulted on the loan and mortgage in favor of Morgan Holdings, LLC and following the entry of a foreclosure judgment, a foreclosure sale was held and Morgran Holdings, LLC was the successful bidder at the foreclosure. Thereafter, it assigned its right to receive the Certificate of Title to the Townhome Property to the Owner; and WHEREAS, as the fee simple owner of the Townhome Property, the Owner is the successor in interest to that certain Settlement Agreement as it affects that property; and WHEREAS, the Fourth Amendment to Settlement Agreement recognized that subsequent to the Third Amendment to Settlement Agreement being approved and recorded, the City had received a formal Permit Application for approval of the final development plans and engineering plans for the Condominium Property, which the City approved on September 8, 2008, authorizing the development of the sixty(60) residential condominium units(the"September 8,2008 Plan");and WHEREAS, subsequent to the acquisition of the Townhome Property through the foreclosure, the Owner has submitted a formal Permit Application to the City for approval of revised final development plans and engineering plans for development of a townhouse project(the"Townhouse Plans")on the Townhome Property; and WHEREAS, on September 26, 2011, the City Commission approved the Townhouse Plans thereby authorizing the development of the sixty (60) townhouse units (the"Approved Townhouse Plans"); and WHEREAS, the Owner and the City desire to modify and clarify provisions under the Settlement Agreement so that the Settlement Agreement and the Approved -2- Townhouse Plans are interpreted consistently relative to said modifications and clarifications listed herein; and WHEREAS, the City and the Owner have determined that it is in their mutual interest to further modify the Settlement Agreement as it only relates to the Townhome Property in order to facilitate Owner's development of the Approved Townhouse Plans. NOW, THEREFORE, in consideration of the recitals and other good and valuable consideration, the Owner and the City agree to modify the original Settlement Agreement as amended by the First, Second, Third and Fourth Amendments to Settlement Agreement for the Townhome Property,as follows: 1.0 ACKNOWLEDGMENT. The Owner and the City hereby acknowledge and agree that the original Settlement Agreement, as amended by the Second, Third and Fourth Amendments to Settlement Agreement, is valid and binding upon the parties, except as modified herein. The parties agree that they have been fully informed of all matters relating to the Settlement Agreement, as amended, and intend to be bound by this Fifth Amendment to Settlement Agreement. 2.0 RECITALS. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The effective date of this Fifth Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County,Florida(the"Effective Date"). 3.0 The terms and provisions of the Settlement Agreement which deal with the development of the Townhome Property are hereby modified. The Owner shall be permitted to construct up to sixty (60) residential townhouse units rather than condominium units on that portion of the Townhome Property identified as the "Development Area" on Exhibit"A" to the Third Amendment to Settlement Agreement. The parties agree and stipulate that subject to the issuance of all required permits, the future development of Townhome Property shall be governed by the provisions of Paragraph 3.0. contained within the Third Amendment to Settlement Agreement, as modified by the Fourth Amendment to Settlement Agreement and this Fifth Amendment to Settlement Agreement. 4.0 In lieu of condominium units,the Owner shall be permitted to construct up to sixty (60) residential townhouse units on the portion of the Townhome Property identified as "Development Area" on Exhibit "A" attached to the Third Amendment to Settlement Agreement ("Townhouse Unit Area"). The residential townhouse units shall be constructed on the Townhouse Unit Area in substantial conformance with the Approved Townhouse Plans. Further, the Owner acknowledges and agrees that Parcel `E" on Exhibit "A" attached to the Third Amendment to Settlement Agreement shall maintain its Golf Course designation under the Settlement Agreement. The Approved Townhouse Plans, as may be amended by the parties in accordance with the City Code, are hereby fully incorporated herein by this reference, and shall be kept on file at the Winter Springs City Hall. The Plans may be amended in accordance with the City Code, -3- from time to time, without requiring an amendment to this Fifth Amendment to Settlement Agreement. 5.0 Paragraph 3.0(a)(1) of the Third Amendment to Settlement Agreement is hereby deleted and revised to read as follows: Short-term transient rentals of the townhouse units on the Townhouse Unit Area shall be strictly prohibited. In furtherance of this restriction, the Owner agrees to deed restrict the residential townhouse units and provide that the rental of any of the residential townhouse units on the Townhouse Unit Area for a period of less than one(1)year is strictly prohibited. The City shall be a third party beneficiary under the deed restrictions for purposes of enforcing this rental restriction. Said deed restrictions shall be a condition of final engineering approval by the City. 6.0 The parties agree and hereby stipulate that the tennis court obligation set forth in Paragraph 3.0(a)(2) of the Third Amendment to Settlement Agreement has been fully satisfied in that no additional tennis courts are required to be constructed. 7.0 Paragraph 3.0(a)(3) of the Third Amendment to Settlement Agreement is hereby deleted. 8.0 Paragraph 3.0(b) of the Third Amendment to Settlement Agreement is hereby deleted and revised to read as follows: The Owner and the City acknowledge that there are wetland, flood plain, and flood way mitigation issues on the Townhome Property which must be satisfactorily addressed in order to permit the sixty (60) residential townhouse units to be constructed. The Owner agrees to diligently pursue a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) for any encroachments into the 100-year flood plain and flood way, as said areas are defined by law. For reference only,the location of the flood plain and flood way is generally depicted on the Approved Townhouse Plans. All such encroachments are subject to review and approval by the City and FEMA. Owner shall submit such engineering data that is reasonably necessary to satisfy the City and FEMA. If the City requires the services of an engineering consultant to review the engineering data supplied by Owner, Owner shall reimburse the City for the reasonable costs of all such services. 9.0 The parties agree and hereby stipulate that the obligations set forth in Paragraph 7.0 of the Third Amendment to Settlement Agreement had been fully and completely satisfied. -4- 10.0 The parties hereby acknowledge that the described golf course maintenance building previously located on Parcel 7 has been relocated to the Parcel 8 remainder pursuant to Paragraph 2.0 of the Fourth Amendment to Settlement Agreement. 11.0 The parties hereby acknowledge that the excavation and relocation of the soil pursuant to Paragraph 3.0 of the Fourth Amendment to Settlement Agreement have been accomplished and fully satisfied. However, the water level in the borrow pond did not rise to the level represented in the design plans. Therefore, additional side slope landscaping by Owner shall be required to enhance the appearance of the pond as a condition of final acceptance by the City of the townhome site development on the Townhome Property. 12.0 Paragraph 4.0 of the Fourth Amendment to Settlement Agreement is hereby deleted and revised to read as follows: No later than the date on which the first temporary or permanent Certificate of Occupancy is issued by the City for any townhouse unit on the Townhouse Unit Area , the Owner shall obtain for the benefit of the City an emergency ingress and egress for the Townhome Property in the form attached hereto and incorporated hereby as Exhibit"C". 13.0 RECORDATION. This Agreement she be recorded in the Public Records of Seminole County, Florida. [Signature Page Follows] -5- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. Signed,sealed and delivered in the presence of: CITY OF WINTER SPRINGS By: Charles acey, ay ATTES nzo-Luaces,as City Clerk APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Winter Springs only. Date: to 51y/t! By: Anthony A. Garganese City Attorney for the City of Winter Springs,Florida STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of October , 2011 .by Ch les Lacey, as Mayor of the City of Winter Springs, Florida, who is rsonally kn to me or who has produced a driver's license or identifaca on c ,or who has produced as identification. My commission expires: N ryl Public�on�line above� `)c lliwl f Florida (Print Name of Notary Public on line above) T `] uaces 87574 AL -6- Signed,sealed and delivered in the presence of; OWNER: MORGRAN GREENS, LLC, a Florida /' ited liability company ( > s>I `on]me above) By; r° o— DanieT Thall,as Vice President (Witness to print name on line above) (W' s to sign on lme ave) I ccx L).✓tV�e (Witness to print name on rine above) STATE OF FLORIDA COUNTY OF 012:j' The foregoing instrument was acknowledged before me this 1 day of October, 2011, by Daniel Thall, as Vice President of Morgran Greens, LLC, a Florida limited Iiability company,on behalf of the Company, tv o is Personally known, tomer who has produced a driver's license or identification card, or who has produced as identification. My commission expires: .0.6 S( i Public on line above) � (Prmt Name of Notary Public on line above) (NOTARY SEAL) yk4 DAWN BACHAN-MUCKUNLALL MY COMMISSION#DD957868 EXPIRES February I2,2014 (407)398-0153 Floridallotaryservice.com -7. Ei .A3IT 6699 q 4 C K di- 7lI>I�'�I t D N 3N•U1�3� =' In i W d ti e2 4 c N1� q j cqo Q ¢v u ti ZpQ ILLUU w p4ww� LL.Ww CLQ: au L crcr p�aa� q ( o me i Lawns° < IxQco � tti C70 Ill q REQ!Z)� 1 Q q Vj Ni X! ` A �Ti e• f; ,O X ` ( LU i o fir . "/ li \i� ,;'""� �7` }@ / �. ti �� J X Ne 5i _tA':.t9Lr5'5+'v�•5ldtmtd iC��x?i7F:'i1t0.��io-I LAMMIT "B-111 99 E�HI� � IT y — DESCRIPTION: 13 A PORTION OF LOT 9, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART AS RECORDED IN PLAT BOOK 1, PAGE 38, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA:BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA, PHASE I, PLAT BOOK 45, PAGES. 82-83, AS RECORDED IN PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTHERLY LINE OF TRACT A NORTH 87"21'25 WEST, A DISTANCE OF 559.92 FEET; THENCE NORTH 67'55'28" WEST, A DISTANCE OF 136.13 FEET, THENCE SOUTH 23°12'11" WEST, A DISTANCE OF 20.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 81'48'42" WEST, A DISTANCE OF 156.81 FEET; THENCE SOUTH 23°12'11" WEST, A DISTANCE OF 8.04 FEET; THENCE SOUTH 66'47'49" EAST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23°12'11" EAST, A DISTANCE OF 48.66 FEET TO THE POINT OF BEGINNING. In accordance with CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY, SHEET 1 of 2 SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE r�r,. i. THE SURVEYOR HAS NOT ABSTRACTED THE OF LOT 1D AS EEING.N65 it'45`W , PER PLAT BOOK 45. ;'!.#;'� r LAND SHOWN HEREON FOR EASEMENTS, RIGHT PAGE 82 83. j OF WAY. Rv—z i1ONS, OF REOORD WHICH MAY La i' AFFECT THE TITLE OR USE OF THE LAND SKETCH OF DESCR1pTI0N I,{` I E. NO IMPROV-MENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND OF `� + THE ORIGINAL RAISED SEAL OF A FLORIDA PARCEL a TUSCAWILLA COUNTRY CLUB LICENSED SURVEYOR AND MAPPER, SEMINOLE COUNTY. FLORIDA SECTION 7-21-31 DATE: 09/24/07 REVISED: M E R I C N SCALE.-N/A S S U R \/E Y I N G APPROVED 13Y- GJS cScM A P P I N G INC. cY CER1iFlCAT03 0i AUTHCPJZA71ON AVE, NUUt3Eft L6ga'3B3 ,lOc3 ND. 70709D15CD.bWG 1030 N. ORLANDO VE, SU11F B WINTER PARK, FLOMDA 377a579—15 42ss I YitiY: �'=^�' - j {�"7) 8 �, GiittL v. S'(U�'..au�.1��, 3AL i ; 1Y�Y.FSIF ;CA`:SURY�3 -19 u!aAPPING.CO'ri DATE. H:+:CC'!'JC717C7�C17tF5CX'N!L!A CGL't,iiY CLLB+�xg17ti7CCi31 PARCE A,3,C E C&F SCQ.C�g,SCiflQ;T,i7&91:77Ml,sa��ec,1.�¢ - S EXHIBIT "B-2" 4 N t Ft Co ON -A. -'� o cn CA n z ri m O H a m I Y��.' m V v ¢$r2 it f, z�y2 � r"'i 0 0 cs Pi� 4U a n y ¢3 -9 9 -i N O ID O m N tp D Gl V 'II Z 0 En S � 2 -4 ID N O .M CJS J A'71 g C QN C r m G) 1> 5 N m CMO N ;;u m N 0 a� z y,�on � goy ms� q U !� 2 UJf > En a> z D �an T 7 ----77^^ `iy L rn 2�Nc+ a rm _ PfJ PqR t 7p 4y p EXHIBIT "B-3" DESCRIPTION: A PORTION OF LOT 9, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA, PHASE I, AS RECORD IN PLAT BOOK 45, PAGES 82-83, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT, TUSCAWILLA NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTHERLY LINE OF TRACT A NORTH 87°21'25" WEST, A DISTANCE OF 446.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'23'58" EAST, A DISTANCE OF 1.54 FEET, THENCE NORTH 81'48'42" WEST, A DISTANCE OF 163.29 FEET; THENCE SOUTH 67"55'28" EAST, A DISTANCE OF 52.04 FEET; THENCE SOUTH 87'21'25" EAST, A DISTANCE OF 113.51 FEET TO THE POINT OF BEGINNING, In accordance with CH-61017--6 of the Florida Administrative Code, this Description and Sketch o; Description bears the notation: THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY i. lHE SURVEYOR HAS NOT ABSTRACTED THE LINE OF 'TRACT A AS BEING N65*11'43'V1, PLAT BOOK 45, ' � � t LAND SHOW-4 HEREON FDR EAS—V NTS, RICHT PAGE 82-83. �} 1„ OF WAY, RESTRICTIONS OF RECORD 'ANKH MAY AFFECT THE TITLE OR USE OF THE LAND SKETCH OF DESCRIPTION 2. Na IMPROVEMENTSHOU HAVE BEEN LOCATED, VAUD 3. NOT VALID 151THOUT THE SIGNATURE AND OF THE ORIGINAL RAISED SEAL OF A FLORIDA PARCEL D LICENSED SURVEYOR AND MAPPER. TUSCA'MLLA COUNTRY CLUB SEMINOLE COUNTY, FLORIDA SECTION 7-21-31 DATE: 09/24/07 REVISED: A TVI 1= FR I C �. N SCALE; N/A S; U R v E T'I N APPROVED BY: CJS M A P P I N G INC. ' Cc:RTL�CA,T10Fi OF AUTHORIZATION NUMEFR LB463S3 9 i 3DE NO. 707"g2'SQD.DWC � � 10130 N. ORLANDO r F SUIS o iti "' i(}—r"_ s # WNTER PAri{ 2CRIDA 32715 ++,til _ r 1 r GENEL J. DRAWN BY: SCS (407)426-7979" 5'GRG PSM #5 66 0ATE: N:4":iUI170717tl7�B�17VSCA;VILLA CGUN7FtY a�pd'HBS70T0907 r^AAGE A,B,C 8 6AF SG],tvrQ,1¢�Q07�:Or72 A.'iL ggh�tgecn,7:St1 EXHIBIT 6f-B-4" s O �i G b 3 O c � o K rw 0 In n o r n ks P -� a co Qcn0 � tA. y a r-1 tl m� � � C C X9r N °' 1E W -p oz SCJ L sic, LO i L o Ul -cn Q z coo n o x al rri ;-o o m� C.-a Q N Rn (tri N P o >?�° ..�_.__.._..__-- a �t0� m5 O po��� y `/ • Je o z 0 12, S� p maw > tlJ o _ A Sy cl W mm i >n> z m> _ N C, J y xoa WoxZ> C Fq d � m a ^� � fiOk Col' I 1, D�aAa Z m �/ ii G! ``�� Ooh -%,g £q `• o p z J p &t p�of 1p i °qC qRO Ise0 fV. Fi e C EXHIBIT "B_511 DESCRIP71ON: A PORTION OF LOT 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE 1, A5 RECORDED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA PHASE 1, PLAT 800K 45, PAGES 82-83 NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA, PHASE 1, PLAT BOOK 45, PAGES 82-83 NORTH 87"21'25" WEST, A DISTANCE OF 446.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87'21'25" WEST, A DISTANCE OF 113.51 FEET; THENCE NORTH 67`55'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 23'12'11" WEST, A DISTANCE OF 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'W' EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH 00'15'46" EAST, A DISTANCE OF "16.55 FEET, THENCE NORTH 61'13'03" EAST, A DISTANCE OF 11.74 ' FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF 193.64 FEET; THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 12'18'30" AND A CHORD DISTANCE OF 491.51 FEET `01HICH SEARS SOUTH 83'49'21" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 492.46 FEET; THENCE SOUTH 12'07'45" WEST, A DISTANCE OF 161.19 FEET; THENCE SOUTH 70'22'15" WEST, A DISTANCE OF 109.14 FEET; THENCE SOUTH 68'49'03" WEST, A DISTANCE OF 178.51 FEET; THENCE NORTH 85'53'45" WEST, A DISTANCE OF 96.79 FEET; THENCE NORTH 88'48'42" WEST, A DISTANCE OF 80.84 FEET; THENCE SOUTH 00'04'17" WEST, A DISTANCE OF 125.75 FEET; THENCE SOUTH 29'35'27" WEST, A DISTANCE OF 70.03 FEET; THENCE SOUTH 00'23'58" WEST, A DISTANCE OF 168.28 FEET TO THE POINT OF BEGINNING. CONTAINING 7.54 ACRES (328,635 SQUARE FEET), MORE OR LESS. In accordance with CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT -A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH ZQA BEARINGS SHOVVNI HEREON ARE BASED ON THE SOUTH,LINE " x .-� 1. THE SUR`�OR HAS NOT ABSTRAG]ED TNF OF TRACT A AS BEING N85'11'45'W, PER PLAT BOOK 45, LAND SHOW HEREON FOR EASEMENTS, RIGHT PAGES 82-83. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE 'VIE OR USE OF THE LAND SKETCH OF DESCRIPTION 2. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND OF THE ORIGINAL RAISED SEAL OF A FLORIDA PARCEL F LICENSED SURVEYOR AND MAPPER. TUSCAVALLA COUNTRY CLUB A 4. THIS DOCUMENT CONSISTS OF 2 SHEETS, SEMINOLE COUNTY: FLORIDA SECTION 7-21-31 NOT FULL OR COMPLETE WITHOUT ALL SHEETS. DATE: ID/04/07I REVISED: 'A/ y SCALE• N A � P 1 CER11FiCAT1ON OF AUTHORIZATON NUMBER 065303 JOB N0. 7070901Y 30 N PARK,RLA1400 AVE, SUITE 32789 DRA;", BY: SCS (407) 425-7979 GENEL J,'aTLIi�ON. PSM J5866 WMY.AMER;CANSURVVEYINca.40MA-=PINC,:COU DATE: EXHIBIT B-v ' 3 z� 0 T- w z NNCOtofi N0,NmZ �W �Sy��8. 1�bk — aJ d O W �MJSo 1 yt33g 'R, QZW0 -6J�0�h3�y a 2d�m iC�L7CJC) �� �a ai CL 't LT3 = m w-'in IL L t(3 ==�uLZ a < cof-�1'� AVO Z °deo 0 L- 0 T ¢ Lt0 40 M z w 00000.Q0 7U4 -------� — �` ---- M u 1,b co CL Z3 N z41 �7,�e+z�+'89{�by� IL (n r o Q In P. - C m ^ in^ r-F n Ntj CL •-M U' zZ 9 Z 0 w �y w p m 00 o ,N Z 00 �3 r, CL in ;7�• ro 1 ,-b9'M 3 ,2-V.9Z,00 N ,58'£84 3 k92,trZ.00 Na „ � w 3 ,9'V,9 I.00 N :4-LO ..J O 00 n N ca o to U 8£39Yd It N008 } HLMS • YtIO 0Nf10.t 1!d iH i 4,0 lwd 15Y3 3HI LA69 10l fL7 I �i Fi 1 �<o a a z 1�S l ¢ c c a 00 < FZ p, 'G V)0 a v> < 0. Y vUi z " n Z PtP R W " ilio na to [(���� v) LLl � rt V•� �+y171 J �" } EXHIBIT 46C-7 DESCRIP77ON: A PORTION OF LOTS 5 AND 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE I AS RECORDED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA PHASE I AS RECORDED IN PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE SOUTH LINE OF TRACT A NORTH 87'21'25" WEST, A DISTANCE OF 446.41 FEET; THENCE NORTH 00'23'58" EAST, A DISTANCE OF 168.28 FEET; THENCE NORTH 29'35'27" EAST, A DISTANCE OF 70.03 FEET, THENCE NORTH 00'04'17" EAST, A DISTANCE OF 125.75 FEET; THENCE SOUTH 88"48'42" EAST, A DISTANCE OF 80.84 FEET; THENCE SOUTH 85'53'45" EAST, A DISTANCE OF 96.79 FEET; THENCE NORTH 68'49'03" EAST, A DISTANCE OF 178.51 FEET; THENCE NORTH 70'22'15" EAST, A DISTANCE OF 109.14 FEET; THENCE NORTH 12'07'45" EAST, A DISTANCE OF 161.19 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD, ALSO BEING A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 04'04'19" AND A CHORD DISTANCE OF 162.89 FEET WHICH SEARS SOUTH 75'37'57" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 162.92 FEET TO A POINT OF INTERSECTION OF A NON TANGENT LINE; THENCE SOUTH '29'47'02" WEST, A DISTANCE OF 14.62 FEET; THENCE SOUTH 17"37'28" EAST, A DISTANCE OF 70.78 FEET, THENCE SOUTH 36'07'55" WEST, A DISTANCE OF 67.49 FEET; THENCE NORTH 76"26'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51'59'49" WEST, A -DISTANCE OF 77.50 FEET; THENCE SOUTH 22'25'15" WEST, A DISTANCE OF 276.24 FEET; THENCE SOUTH 01'0.2'05" EAST, A DISTANCE OF 114.88 FEET TO A POINT OF CURVATURE OF A NON--TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 55.84 FEET, A CENTRAL ANGLE OF 64'09'37" AND A CHORD DISTANCE OF 59.31 FEET WHICH BEARS SOUTH 33'06'57" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET TO THE POINT.OF BEGINNING. In accordance with CH-61G17-6 of the Florida Administrative Cade, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH PEARiNGS SHOV,'N }HEREON ARE EASED Oto THE SOUK UNE -_,E ,—,... 1. THE SURVEYOR HAS NOT ABSTRACTED THS OF TRACT A AS BEING N65 11'45'W, PER PLAT BOOK 45, / - - LAND SHOWN HEREON FOR EASEMENTS, RIGHT i PAGES 82-83. + OF WAY, RESTRICTIONS OF RECORD WHICH MAY L AFFECT THE TITLE OR USE OF THE LAND 2. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VAUD'WAIHOUT 114E SIGNATURE AND SKETCH OF DESCRIPTION OF THE ORIGINAL RAISED SEAL OF A FLORIDA PARCEL E I LICENSED SURVEYOR AND MAPPER. 4. THIS DOCUMENT CONSISTS OF 2 SHEETS, TUSCAWILLA COUNTRY CLUB C_ NOT FULL DR COMPLETE WITHOUT ALL SHEETS SEMINOLE COUNTY, FLORIDA SECTION 7-21-31 � �M IF= F:-;,> 1 DAZE: 09/24/07 REVJSED: �-+ SCALE' t_/A' rV C~ APPROVED BY; G,)c ,` .__— _ MAPPING CERTF::A 10N' OF AUTHORIZAMII NUMBES? LU?stZV3 70173901 1034 N. ORLANDO AVE, SU11E t JOB 140. — WNTER PARK, FLORIDA 32789 DRAWN BY: UB (407) 425-7979 DATE: J. STU"t EClN, PSM 588e i WY1W.AMEPJCANSURVEY1NOANDk(APPING.cOM D 4TE: SKETCH OF -DESCRIPTION.- AHIBIT 4'C-8" PARCEL. E TUSCAN9LLA COUNTRY CLUB MNTER SPRINGS BOULEVARD 120'RIGHT OF WAY A-=4'04'19" L=162.92' _ R=2292.44' ~-- — _ C8=57537'57"E NT C=1 62.89' 529'47'02"W lea, LOT 5 14.62' ST - �.. GRAPHIC SCALE THE EAPART OF P IUP R. YOUNG GRANT, SOUTH fp OA 14.49'(P) Mr= PLAT BOOK 1. PAGE 38 d 60 120 �h CD, LOT 38 z?S$ryW 11 `t1 2.Sg ' 2 , �'I. ���, M�C3\LOT�; LOT aG' LOT 41 ry �`y�j PHS a 4 9r,J.79' �rj8 y Gj TRACT"A" 84y S85"53'45"E �t3' PASO AT`�S PAGE 64\ 8{7.8 ��`-r;"�L"T all ti, a S88'48 42"E LOT 42 �` ,V Lo i} LOT 5 Np THE EAST PART OF PHILIP R.YOUNG GRANT, SOUTH .` LOT 43`� p PLAT BOOK 1. PAGE 38 } ` e- --..,LOT + o4v94,766. SCI. i. (o LOT 13 �`\ Cl 4.47 acres �CY ry LOT 12 1� CHELSEAPARC AT TUSCAVALLA PHASE 1 -OL T BOOK 45, PAGES 82-83) LOT 11 la 1 Co m N (P) A--64'©9'37" 00 to LOT 60 FOX GLEN AT CHELSEA PARC. TUSCAWu.A 6'64'09''10' Oa- �Jr PLAT BOCK 49,PAGES 78-82 tX1 N L 62b3' L=62.53 t�E _ .-- ---- - ) R�55 84' R=55.84' - CNELsEA PARC AT 0 TUSCAWILLA PHASE 1 Z CB=S33 06'57"E w PC ! (PLAT BOGS(4s,PAGES 82-83) C=59.31 TRACT'A" / J f n SOUS LN8 ��`��gOF J SLOT 10/ 446.41 LOT a POINT OF BEGINNING Nes so� THE FAST PART OF PHILIP R. YOUNG GRANT. SOUTH 45 J PLAT HOOK 1, PAGE.38 POINT OF COMMENCEMENT SW CORNER OF LOT 10 CHELSEA PARC AT TUSCAVr1LLA PHASE;1. P.B. 4S PG. 82-83 1 � , J LEGEND SHEET 2 SEE SHE£TF1 OF 2 FOR DESCRIPTION I; R EOTES RAOIU5 09/24/07 A DNA V OTES CENTRAL ANGLE PATE: REVISED: L DEN L DENOTES ARC LENGTH SCALE G n ao .s cH^Ro LENr,Ri 5 _—_ AP NC_ Crr0Ri, H='�s?�p7:: APP G� 1�4'�7 r1 P?Pui+ CErRi1FICA`7CN OF AU7HOR!ZA.G'6; NU11:+HcR 8 ^r POINT OF GURVA LR 7070801 1C30 N. CRLIuNOC AVE, SL1TE N€ POINT OF NON TANGEGE PI POINT OF INTERSANLA J09 LA0. - WFNTEER PARK, FLORIDA 3278. N€ DRAWN BY: US (407) 426-7979 WWW.AMERICANSUR*vFIINGAIVOM APPING.CCM