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HomeMy WebLinkAboutWinter Springs Holdings, LLC (Pollack Shores) Development Agreement - 2015 02 09�- ...Efir.10 55 .I BROWN, GARGANESE, WEISS & D'AGRESTA H GRSw Post Office Box 2873 Orlando, Florida 32802-2873 April 17, 2015 Andrea Lorenzo-Luaces, MMC City Clerk - City of Winter Spn ii o. s 1126 East State Road 434 Winter Springs, FL 32708 Dear Ms. Lorenzo-Luaces, Enclosed is the original recorded Development Agreement for Pollack Shores for the City's records. If anything else is needed please let us know. Sincerel , Kim Isaac Administrative Assistant THIS INSTRUMENT WAS PREPARED 13Y AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown Garganese, Weiss & D'Agresta, P.A. I I I N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY (Multi-family/Mixed Use Apartment Project — S.R. 434) THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this day of March , 2015 ("Effective Date"'), by and between the CITY OF WINTER SPRJNGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WINTER SPRINGS HOLDINGS, INC.., a Delaware corporation, ("Developer"), whose address is 900 Seventh Street NW, Washington, D.C. 20001. WITNESSETH: WHEREAS, Developer is the fee simple owner of certain real property currently located in the City of Winter Springs, Florida and within the Town Center, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is subject to the City 13 s specific Town Center Comprehensive Plan policies and land development codes ("Town Center Policies"); and WHEREAS, Developer desires to construct a phased development project on the Property which is generally located on, and fronting, the north side of S.R. 434 and both sides of Michael Blake Boulevard that is keeping in the character of the Town Center Policies ("Project"); and WHEREAS, the initial phase of the Project located west of Michael Blake Boulevard will consist of two or more residential apartment buildings and mixed use buildings ("Initial Phase"); and WHEREAS, the Developer has requested that the City Commission grant an optional preliminary approval of the Project in accordance with Section 20-321(b)(2) of the Town Center District Code and this Agreement; and WHEREAS, the City and Developer desire to set forth the following terms and conditions with respect to the development of the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: I . Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference 'Including, but not limited to, the definitions created in the parentheticals for the terms "Agreement," "Property," "Project," "Initial Phase". and "Town Center Policies,," and 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act and pursuant to Section 20-32 1 (b)(2) of the Town Center District Code. 3. Project Obligations and Commitments. In consideration of the City and Developer entering into this Agreement, the City and Developer hereby agree as follows: (a) A1212rovat of ConcgMt Plan. Developer shall design, permit and construct the Initial Phase of the development project consisting of a combination of standalone multi- family units and commercial/multi-family mixed use units on a portion of the Property as generally depicted on the conceptual development plan which is attached hereto and fully incorporated herein as Exhibit "B." Further, the architecture of the residential buildings for the development project shall be designed in a manner substantially similar to the building elevation which is attached hereto and fully incorporated herein as Exhibit "C." The conceptual development plan and the building elevation shall hereinafter be called the "Concept Plan." If the Developer chooses not to terminate this Agreement pursuant to Paragraph 21 herein, and proceed with the Initial Phase, the Developer shall submit proposed building elevations for the mixed use buildings for the City's consideration after the Effective Date of this Agreement in accordance with the Town Center District Code. The number of dwelling units permitted within the aforementioned. Initial Phase of the development project shall not exceed three hundred (300) dwelling units. Notwithstanding the City's approval of the Concept Plan, Developer shall have the obligation to further submit and obtain the City's approval of a final site plan and final engineering plans which approval shall not be unreasonably withheld if said plans are consistent with the Concept Plan in all material respects and in compliance with the City Code. Developer shall also have the obligation to construct aesthetic reasonable enhancements to the Project consistent with the Town Center District Code and the City's aesthetic review process and requirements. Developer acknowledges and agrees that the Concept Plan was not presented to the City with specific surveyed dimensions and that during the final site plan and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable City Codes. Further, the elevations, roof lines, and architectural features depicted in the Concept Plan for the residential buildings may have to be adjusted during the City's final review and approval procedures to satisfy the requirements of the City Code. As such, Developer and the City agree that the Concept Plan is subject to reasonable adjustments at the final site plan and final engineering phase in order to bring the Project into full compliance with the City Code, particularly the Town Center District Code. Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -2- (b) Master Stormwater Retention Fac The parties acknowledge and agree that the Developer has a pre-existing obligation to design, permit and construct permanent master stormwater facilities for the entire Property including the portion covered by this Project. Said obligation is memorialized in that certain Future Development Commitment Agreement by and between the City and Winter Springs Holdings, Inc., dated November 10, 2010, and recorded in O.R.B. 07486, Page 0146-154 ("Existing Agreement") and remains in full force and effect. The construction of the permanent master stormwater facilities are now required to be designed, permitted and constructed by Developer in conjunction with this Project. The permanent master stormwater facilities shall be owned and maintained by the Developer, with a drainage casement dedicated to the City over all of the stormwater facilities supporting Michael Blake Boulevard and other related City streets. Pursuant to the Existing Agreement, Developer agrees to design, permit and construct the master stormwater facilities concurrent with the Initial Phase of the Project. Said facilities shall be located as generally depicted on the Concept Plan. For purposes of 'interpreting the aforesaid paragraph 3.6 (B), the parties acknowledge that "Spine Road" is now known as Michael Blake Boulevard and Developer shall be considered the "Owner." (c) Access Points and Street Fronta e. The access points and street frontage depicted on the Concept Plan are intended to be tentative representations that still require additional reasonable City staff review and comments during the site plan and final engineering review phase of the Project before the access points and street frontage are engineered by Developer. (d) New Streets. Any new streets constructed by the Developer in furtherance of the Project shall be public streets and all such streets shall be conveyed to the City. All such land conveyances shall be by warranty deed and free and clear of all encumbrances, unless prior to the conveyance, the City notifies the Developer, in writing, that it will accept an encumbrance based on the City's determination that the encumbrance does not materially interfere with the use or maintenance of the street being conveyed.. Conveyance of roadway and streetscape improvements shall be by bill of sale and free and clear of all liens. The warranty deed and bill of sale shall be in a form reasonably acceptable to the City Attorney. (e) Roundabout. Concurrent with the permitting and construction of the Project and subject to approval by the City, Developer shall design, permit, and construct the roundabout at the intersection of Michael Blake Boulevard and Tree Swallow Drive. The eastern end of the roundabout will be appropriately stubbed out to allow for the future continuation of Tree Swallow Drive to the east. Upon completion of the roundabout and acceptance by the City, conveyance of roundabout streetscape improvements shall be by bill of sale and free and clear of all hens. The bill of sale shall be in a form acceptable to the City Attorney. (f} Develol2ment Permit Fees. Developer agrees to pay all ordinary and customary development permit fees which have been established by the City Commission including, but not limited to, application, building, and impact fees. A schedule of the current fees is on file in the City's Community Development Department. Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -3 - (g) andat® On -Site Management of Pry pe!:13:; Future Condominium Conversion of the Project. The intent and purposes of this Paragraph is to apply only to the Project buildings within the Initial Phase and is not intended to apply to the remainder of the Property which will be developed in the future. With respect to the Initial Phase of the Project, Developer shall be required to employ an appropriate number of on -site personnel, or an on -site management company that will be responsible for managing the day-to-day leases and tenant needs in a manner that is commonly accepted in the local residential rental market for luxury apartments. Developer shall also be responsible for maintaining, in good condition and in compliance with any and all applicable City property maintenance codes, any and all common areas,, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities. associated with the Project, However, in the event that the Developer desires to convert the Initial Phase of the Project into a condominium in the future, Developer shall be required to first seek the reasonable approval of the City in accordance with the City's subdivision of land and other City Code requirements 'Including, but not limited to zoning/building/fire code requirements which will not be unreasonably withheld. If the conversion is approved by the City, Developer shall form a mandatory condominium association (the "Owners Association") for purposes of managing the day-to-day condominium owner needs and maintaining any and all common areas, the parking facilities, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities associated with the Project. The Developer will file a Declaration of Condominium, (the "Declaration") among the Public Records of Seminole County, Florida to evidence the formation of the Owners Association and establish its rights, duties and obligations. vi I I I The Declaration shall be in a form reasonably acceptable to the City Attorney and, shall require the Owners Association, and the members thereof, to be bound by the terms and conditions of this Agreement. 4. Binding Covenant on Proper — Future Rental Apartment Units. Developer hereby covenants and agrees that the Initial Phase of the Project will be the only standalone multi -family rental apartment development on the entire Property. No other standalone multi -family rental apartment buildings will be developed on the remaining portions of the Property. If the City approves, in its discretion, any other multi -family rental apartment required , units on the remaining portion. of the Property, said units shall be requto be ni I incorporated into,, and constructed concurrent with, a mixed use building and development project in accordance with the applicable provisions of the Town Center District Code. The covenant provided under this Paragraph 4 was freely given by the Developer in consideration of the development rights granted by the City hereunder and shall constitute a separate and binding land use covenant running with the Property which shall be enforceable by the City. Should this Agreement be terminated by either party, this Paragraph shall survive termination unless this Paragraph is expressly terminated by the parties by separate legal instrument recorded in the Official Public Records of Seminole County, Florida. 5. Renresentations 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 and recorded in the Public Records of Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -4- Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. 6. Successors art ASSi S. 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. 7. Al2plicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. S. 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. 9. Entire A reement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Developer as to the subject matter hereof. 10. Severa. If any provision of this Agreement shall beheld 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. 11. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. The Effective Date is denoted within the preamble of this Agreement on page 1 of this Agreement. 12. Recordation. This Agreement shall be recorded in the Official Public Records of Seminole County, Florida. 13. 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 party 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. 14. SovereiLyn Immunitv. 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 any other limitation on the City's potential liability under the state and federal law. 15. Cil.no's Police Power. Developer agrees and acknowledges that the City hereby .r+.r.g.nmrin.nrarwrar�manrma..iro�mrmrom.a 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. 16. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. -Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -5- t 7. Third -Party lights. 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. 18. S ethic 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. 19. ttorne is Pees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20. 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 or unit if Developer is in breach of any term and condition of this Agreement. 21. 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 construction of the Initial Phase of the Project within three (3) years of the effective date of this Agreement. However, if the failure is caused by a delay which is the direct result of the City's breach of this Agreement, the three year time period shall be extended by an amount of time equivalent to the delay time period. In addition, if the Developer determines within one hundred and eighty (180) days of the Effective Date that it cannot practicably develop a total of three hundred (300) multi -family units within the area set aside for residential in the Initial Phase, as depicted on the Conceptual Plan, the Developer may terminate this Agreement by providing written notice of termination to the City. If the City or Developer terminate this Agreement as provided under this Paragraph, the City shall record a notice of termination in the public records of Seminole County, Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. [Signature pages to follow] Developer's Agreement City of winter Springs and Winter Springs Holdings, Inc. -6- ATTEST: By-4 Andrea�,Lrenzo Luaces, City Clerk CITY SEAL Signed, sealed and delivered in the presence of the following witnesses: Sign A f Witness Printed Name of Witness Sig re o itness PYfnted Name of Witness . . . . . . . . . . . . . . APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: By: /9n Anthony Garganese, City Attorney for the City of Winter Springs, Florida WINTER SPRINGS HOLDINGS, INC., a D e I awarr e—Tn—narafio....... Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -7- DISTRICT OF COLT. MBIA. The foregoing instrument was acknowledged before me this � c,day of }� 2015, by,as President of Winter Springs Holdings, Inc., a Delaware Corporation, on behalf of said corporation. He is personally known to me or produced as identification. �NOTARY,SEAr (Notary Public Signature) o ®®®®® (Cgg n Bouy Dilblic wen pry®� gY${ 1f r ji„ jpy' {F a ,w(Print Name} nny Commission Expires 5/14/201 .. rP., Notary Public, State o Z Commission No.: My Commission. Expires: Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -8- E IT "ASS LEGAL i1UCTION A PORTION Olt LOTS 6, 7 AND 8, BLOCK "A", D.R. WTCHELL'S SURF OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 51. OF THE PUBLIC RECORDS OF SEld)NOLE COUNTY, FLORIDA; LESS ADDIki"IONAL RIGHT OF WAY AS DESCRIBED IN THAT CERTAIN SPECIAL WARRANTY DEED AS RECORDED IN OFFICIAL RECORD BOOR 5510, PAGES 1286 THROUGH 1297, PUBLIC RECORDS OF SEM.INOLE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE IIMRSECTION OF STATE ROAD 434 AND TUSK.AWiLLA ROAD (PER FLORIDA DEPARTNMNT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2517, SHEET 10 OF 13, P.L STATION 600+32.11); TBENCE RUN S38"23'34"E A DISTANCE OF 27.48 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE DEPARTING SAID BASELINE RUN N30004'56"E A DISTANCE OF 258.26 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY KNOWN AS BRANTLEY AVENUE), AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE CONTINUE N30°04156" E ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 55.62 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN S38°4316"E A DISTANCE OF 11.80 FEET FOR A POINT OF BEG]iNNING, POINT BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE AFOREMENTIONED SPECIAL WARRANTY DEED; THBNCE RUN N30°04'56"E ALONG SAID EASTERLY RIGHT OF WAY LINE, SAID LINE BEING 11.00 FEET EAST OF AND PARALLEL TO TEM AFORESAID EASTERLY RIGHT OF WAY LM OF TUSKAWILLA ROAD (FORMERLY KNOWN AS BRANTLE'Y AV)1NUE), A DISTANCE OF 696.34 FPBT TO A POINT ON THE SOU"nMLY BOUNDARY LINE OF THE MAGNOLIA PARK ACQUISMON AS DESCRIBED IN THE AFOREMENTIONED SPECIAL WARRANTY DEED; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LM RUN S59055'04"E ALONG SAID SOUTHERLY BOUNDARY LINE A DISTANCE OF 147.93 FEET TO A POINT ON THE WESTERLY LINE OF THE C.S.X. TRANSPORTATION INCORPORATED "LAKE CHARM BRANCH" FAIL CORRIDOR; THENCE DEPARTING SAID SOUTHERLY BOUNDARY LINE RUN S 15°33'47"W ALONG SAID WESTERLY LINE A DISTANCE OF 526.65 FEET TO THE NORTHWEST CORNER OF RELEASE PARCEL 2 AS DESCRIBED IN OFFICIAL RECORD BOOK 3988, PAGE 1095; THENCE DEPARTING SAID WESTERLY LINE RUN S57001'44"E ALONG THE NOR.'TIMRLY LINE OF SAID RELEASE PARCEL 4 A DISTANCE OF 104.80 FEET TO THE NORTIVIAST CORNER OF SAID RELEASB PARCEL 2, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF ACQUISMON PARCEL B (THE RAR S TO 'MAILS CORRIDOR) AS DESCRIBED IN OFFICIAL RECORD BOOK 4092, PAGE 164; THENCE CONTINUE 557001'44 `E ALONG SAID SOLMMRLY LINE, A DISTANCE OF 95.46 FEET; THENCE RUN S54"37'59' E A ©RLDOCS IM"303 SchrimshaftvUin Strcd Associato Ex. A F:\PBTRSTPR\Winter Springs\Loan Docs\Mor#gage(Phase2)_3_doc DISTANCE OF 147.17 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A. RADIUS OF 85.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 61 ° 1651" A DISTANCE OF 90.91 FEET TO THE POINT OF 'REVERSE CURVATURE, SAID CURVE BEING CONCAVE SOUTHERLY, HAVING A RADIUS OF 500.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 38011'46" A DISTANCE OF 333.32 FEET TO THE POINT OF TANGENCY; THENCE RUN S77143'04"E A DISTANCE OF 187.98 FEET; THENCE RUN S46'013152"E A DISTANCE OF 177.70 FEET; 'THENCE RUN S32050'43"E A DISTANCE OF 662.97 FEET TO THE EgTER.SECTION OF SAID SOUTHERLY I N'E AND THE NORTHWESTERLY LINE OF SAID ACQUISITION PARCEL B; THENCE RUN S50°31158W ALONG SAID NORTHWESTERLY LRV, A DISTANCE OF 997.88 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434 (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAT', SECTION 77070-2517, SHEET" 1 I OF 13); THENCE DEPARTING SAID NORTHWESTERLY LINE RUN N38*43'16"W ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 431.17 FEET TO THE POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 7905,47 FEET AND A CHORD BEARING OF N37600'57"W; TTBNCB RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 3"24'37" A DISTANCE OF 470.54 FEET TO THE END OF SAID CURVE; THENCE RUN S51°1044"W A DISTANCE OF 14.00 FEET; THENCE RUN N38°43'16'W A DISTANCE OF 136.42 FEET TO THE SOUTHEAST CORNER OF AFORESAID RELEASE PARCEL 2; THENCE CONTINUE N38043'16"W A DISTANCE OF 138.78 FEET TO THE SOUTHWEST CORNER OF RELEASE PARCEL 2; THENCE CONTINM N38043116"W A DISTANCE OF 308.12 FEET TO THE MOST SOLrfHERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL. RECORD BOOR. 28037 PAGE 643; THENCE DEPARTING SAID NORTHEASTERLY RIGHT OF WAY LINE RUN N30004'56"E ALONG THE SOUTHEASTERLY LINE OF SAID PROPERTY, A DISTANCE OF 220.00 FEET; T'13ENCE RUN N38043'16"W ALONG THE NORTHEASTERLY LINE OF SAED PROPERTY, A DISTANCE OF 188.20 FEET TO THE POINT of BEGDRgING. ALSO: "B" A PORTION OF LOTS 5, AND 6, BLOCK "A.", D.R. MITCHELVS SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECrION 6, TOWNSHIP 21 SOUTTI, RANGE 31 EAST, 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: CON2AENCE AT THE RTI ER.SECi"ION OF STATE ROAD 434 AND TUSKAWR LA ROAR (PER FWXDA DEPART OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2517, SBEET 10 OF 13s P.I. STATION 600+32.11); 'FENCE RUN S3802314' E A DISTANCE OF 27.48 FEET ALONG THE BASEL[NE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE DEPARTING SAID BASED RUN N3000,V56"E A DISTANCE OF 258.26 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY" LINE OF TUSKA.WIIILA ROAD (FORMERLY KNOWN AS BRANTLEY AVENUE), ORLDOCS 103WO3 I SchmsherAb4n ShYA Associates Ex.. A F:1PBT"RSTPR1Winter Springs\Loan Doc \Mortgage(Phase2).3.doc AS SHOWN ON SAID RIGHT OF WAY MAR; THWCE CONTIWE N30104'56"E, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 960.70 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THE MAGNOLIA PARR ACQUISITION AS DESCRIBED IN THE AFOREMENTIONED SPECIAL WARRANTY DEED: THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN S59055104"E ALONG SAID NORTB13RLY BOUNDARY LINE A DISTANCE OF 6.00 FEET FOR A POINT OF BEGINNINGS POINT BEING A POINT ON THE EASTERLY R.ICW OF WAY LINE OF THE AFOREMENUONED SPECIAL WARRANTY" DEED, THENCE RUN N30°04'56"E ALONG SAID EASTERLY RIGHT OF WAY LINE SAID LINE BEING 6.00 FEET EAST OF AND PARALLEL TO THE AFORESA'tD EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY KNOWN AS BR -LEY AVENUE), A DISTANCE OF 357.89 FM TO A POINT ON A NON TANGENT CURVE CONCAVE WESTERLY, HAVING NG A RADIUS OF 1110.99 FEET AND A CRORD BEARWG OF S 1205155"W, SAID POINT ALSO BEING ON THE WESTERLY LINE OF THE C.S.Q. TRANSPORTATION INCORPORATED "LAKE CILARM BRANCH" RAM CORRIDOR; THENCE DEPARTING SAID RIGHT OF WAY LINE RUN ALONG SAID WESTERLY LINE AND ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 05"23144"9, A DISTANCE OF 104.62 FEET TO THE P0Il4T OF TANGENCY; THENCE RUN S1503347"W A DISTANCE OF 266.50 FEET TO A PUNT ON THE AFORESAID NORTHERLY BOUNDARY LINE OF THE MAGNOLA PARR ACQUISMON; TIMNCE RUN N59'55'04"W ALONG SAID NORTBERLY BOUNDARY LINE A DISTANCE OF 97.77 FEET TO THE POINT OF BEGINNING. AL O: "A" A PORTION OF LOTS 5, 6, 7 AND 8, BLOCK "A", D.R. MITCHBLUS SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHT 21 SOUTH, RANGE 31 EAST, ACCORDING TO TBE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PACE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - COtIIyffiNCE AT THE INTFMBCTION OF STATE ROAD 434 AND TUSKAWn.LA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAT', SECTION 77070-2516, SBEET 10 OF 13, P.I. STATION 600+32.11); THENCE RUN S38"23'34"E A DISTANCE OF 1729.58 FEET ALONG THE BASEI. M OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THWCE DEPARTING SAID BASEIINE RUN N50°31'58"E A DISTANCE OF 97.29 TO A POINT ON THE NORTBE.ASTERLY RIGHT OF WAY LINE OF; AS SHOWN ON SAID RIGHT OF WAY MAP, FOR THE POINT OF BEGIlNING; THENCE RUN N50031'58"E A DISTANCE OF 1,033.48 FEET; THENCE RUN N39°28'02"W A DISTANCE OF 15.00 FEET; TI ENCE RUN N50°31'58"E A DISTANCE OF 106.44 FEET; THENCE RUN S83003'12"E A DISTANCE OF 94.74 FEET; THENCE RUN S47°5436' E A DISTANCE OF 34.00 FEET; THENCE RUN S37059133"E A DISTANCE OF 57.62 FEET; THENCE RUN S68024'08"E A DISTANCE OF 52.48 FEET TO TIM EASTERLY lMgB OF BLOCK ".A.", D.R. MITCHELL'S SMV'EY' OF THE LEVY GRANT ON LAKE MSSUP AS RECORDED IN PLAT BOOK 1, PAGE 5; THENCE RUN S05113152"W ALONG SAID STATE ROAD 434 QRUX=10366303 1 scltirfmlwmalln S#eet Associates Ex. A F:\PBTRSTPR\Winter Springs\Loan Docs\Mortgage(Phase2).3.doc EASTERLY LINE OF BLOCK "A" A DISTANCE OF 251.46 FEET; THENCE DEPARTING SAID EASTERLY LINE OF BLOCK "A" RUN S62"36'00"W A DISTANCE OF 109.52 FEET; THENCE RUN S50054'04"W A DISTANCE OF 11.72 FEET; THENCE RUN S22401'l3"W A DISTANCE OF 65.99 FEET; THENCE RUN S29°00'27"W A. DISTANCE OF 44.28 FEET; THENCE RUN S52"03'03"W A DISTANCE OF 9.60 FEET; THENCE RUN S28°03'23''W A DISTANCE OF 97.92 FEET; THENCE RUN S44°20'04"E A DISTANCE. O'F 176.05 FEET' ; THENCE RUN S37°21'37" E A DISTANCE OF 71.69 FEET TO A. POINT ON THE AFOREWNTIONED EASTERLY LINE OF BLOCK "A"; THENCE RUN ALONG SAID EASTERLY LM OF BLOCK "A" S05013'52" W A DISTANCE OF 42.89 FEET; THt NCE DEPARTING SAID EASTERLY LME OF BLOCK "A" RUN N27°56'26"W A DISTANCE OF 41.29 FEET; THENCE RUN N36031'04"W A DISTANCE OF 54.59 FEET; THENCE RUN N52032'01"W A DISTANCE OF 245.40 FEET; T LWCE RUN S89°0627"W A DISTANCE OF 5799 FEET; THENCE RUN S66037'02"W A DISTANCE OF 39.09 FEET; THENCE RUN S46029'24"W A. DISTANCE OF 41.50 FE T ; TI-MNCE RUN S28°5533"W A DISTANCE OF 34.27 FEET; THENCE RUN S10"02'16"W A DISTANCE OF 55.95 FEET; THENCE RUN S03005'47"W A DISTANCE OF 52.29 FEET; THENCE RUN 807°51'13"W A DISTANCE OF 30.86 FEET; THENCE RUN S00°4747"W A DISTANCE OF 49.12 FEET; THENCE RUN S07025'22"W A DISTANCE OF 52.97 FEET; TB NCE RUN S67°06'00"W A DISTANCE OF 15.29 FEET; THENCE RUN S79°3 5101 "W A DISTANCE OF 69.29 FEET; THENCE RUN N89018'43"W A DISTANCE OF 96.92 FEET; THENCE RUN N60050'07"W A DISTANCE OF 119.48 FEET; THENCE RUN S86004'53"W A DISTANCE OF 186.65 FEET; THENCE RUN 80$05129"W A DISTANCE OF 3.05 FEET; THENCE RUN N38°52'1 VW A DISTANCE OF 121.02 FEET; THENCE RUN S51016'44W A DISTANCE OF 5.00 FEET TO A POINT ON THE AFORJBWWIONED NORTHEASTERLY RIGHT OF WAY LINE OF TUSKA.WILLA ROAD; THENCE RUN ALONG THE SAID NORTHFASTERLY RIGHT OF WAY UNE OF TUSKAWILLA ROAD N38043'I6"W A DISTANCE OF 73.56 FEET TO THE P01NT OF BEGR NNING. CONTAINING THEPYAN 45.687 ACRES MORE OR LESS. TOGETHER VMH all easements for :ingress and egress and retention/detention and other easement rights and Privileges inuring tothe benefit of the aforedescribed Property and pursuant to the Easement Agreement recorded in Official Records Book 2803, Page 647, Public Records of Serniaole County, Florida. y r ORLD005103663031 SchiftshetiMain Suut Associates Ex. A F:IPBTRSTPR\Winter SpringskLoan Docs\Mortgage(Phase2).3_doc .� . :7 � .. .... . . � � .. ± \� .� � # � S � Proposed Apartments Elevation