HomeMy WebLinkAbout2009 11 09 Regular 604 Approval Of Impact Fee Credit Agreement Regarding Magnolia Park In The Town Center COMMISSION AGENDA
Consent
ITEM 604 Informational
Public Hearing
Regular X
November 9, 2009
Meeting /�J
Mgr. Att. Dept.
REQUEST:
The City Attorney requests that the City Commission approve the Impact Fee Credit
Agreement relating to the conveyance of real property to the City regarding the expansion of
Magnolia Park in the Town Center.
PURPOSE:
The purpose of this agenda item is to approve an Impact Fee Credit Agreement related to the
conveyance of real property to the City regarding the expansion of Magnolia Park in the Town
Center.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. Winter Springs Town Center Phase II Implementation Agreement Recorded in Seminole County,
Florida Public Records, O.R. Book 6599, Page 1705 -1726 ("Implementation Agreement
3. Chapter 9, Winter Springs Code.
CONSIDERATIONS:
1. City Commission approved that Winter Springs Town Center Phase II Implementation Agreement
recorded in Seminole County, Florida Public Records, O.R. Book 6599, Page 1705 -1726.
Page 1 of 2
2. Paragraph 7.0 requires the property owner to convey to the City real property adjacent to
Magnolia Park in exchange for Parks and Recreation impact fee credits.
3. Apparently, due to the current economic conditions, the property owner is not currently
constructing any of the project on the Phase II property that was approved pursuant to the
Implementation Agreement. Therefore, since impact fee credits are generally applied at the time
impact fees are paid to the City when building permits are issued, the property owner is not currently
able to use the Parks and Recreation impact fee credits.
4. Because the Parks and Recreation impact fee credits can not be used until development resumes
on the Phase II property, it is necessary to memorialize the terms and conditions of the impact fee
credits in a written agreement to preserve their use in accordance with City policy.
5. The conveyance of the real property to the City for the Magnolia Park expansion will occur at
such time as the City Commission approves this Impact Fee Credit Agreement.
RECOMMENDATION:
The City Attorney recommends approving the Impact Fee Credit Agreement so that the closing of
Magnolia Park can occur pursuant to the terms and condition in the Implementation Agreement.
ATTACHMENT:
Impact Fee Credit Agreement
Page 2 of 2
Prepared by and retum to:
Anthony A. Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss D'Agresta, RA.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
MAGNOLIA PARK EXPANSION
PARKS AND RECREATION IMPACT
FEE CREDIT AGREEMENT
THIS AGREEMENT (the "Agreement is made and entered into effective this
day of 2009, by and between Winter Springs Holdings,
Inc., a Delaware corporation, whose address is 900 Seventh Street NW, Ste. 1020, Washington,
DC 20001, and its successors and assigns (the "Owner and the City of Winter Springs,
Florida (the "City a Florida Municipal Corporation, whose address is 1126 E. State Road 434,
Winter Springs, FL 32708.
COMMON RECITALS:
WHEREAS, the Owner is the owner in fee simple title to certain real property (the
"Property") described in Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, the Property is subject to that certain Implementation Agreement (the
"Implementation Agreement recorded in the Public Records of Seminole County, Florida in
Official Records Book 6599, Pages 1705 -1726; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement, the Owner
agreed to convey a portion of the Property (0.417 acres) to the City along Tuscawilla Road for
park purposes (the "Park Property") as described in Exhibit "B" attached hereto and
incorporated herein -by this reference; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement and Section 9-
391.5 of the City of Winter Springs Code of Ordinances, the City has agreed, in exchange for
the conveyance of the Park Property, to provide a parks and recreation impact fee credit (the
"Parks and Recreation Impact Fee Credit to the Owner equal to the appraised value of 0.25
acres of Park Property, with the remaining area within the Park Property being donated to the
City; and
WHEREAS, tite Owner and the City agree that the Park Property has an appraised value
of Seventy -Seven Ttiousand and No /100 Dollars ($77,000.00), and the pro rata appraised value
of the .25 acres of Park Property for which the Parks and Recreation Impact Fee Credit shall be
TCO 358,148,941x2 073448.010200 1
provided is Forty Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16)
and said prorated appraised value of $49,302.16 shall be the basis for calculating the Parks and
Recreation Impact Fee Credit; and
WHEREAS, upon conveyance of the Park Property to the City, the Owner will be the
owner of the remaining real property legally described on Exhibit "C" attached hereto (the
"Remaining Property and
WHEREAS, at the effective date of this Agreement, Owner does not have any pending
City building permit applications related to the Remaining Property to which to apply the Parks
and Recreation Impact Fee Credit; and
WHEREAS, the Owner and the City now desire to complete the real property
conveyance mentioned above and memorialize, in writing, the amount of the Parks and
Recreation Impact Fee Credit and the manner in which said credit can be used during the
future development of the Remaining Property.
WITNESSETH:
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein, the parties agree as follows:
1. Recitals. The parties agree and acknowledge that the recitals above are true
and correct and that it is the intent of the parties by entering into this Agreement to create a
legally binding contract.
2. Park Property Conveyance. The Owner agrees to convey to the City
marketable fee title to the Park Property within seven (7) days of the Effective Date, and the City
agrees that such conveyance shall satisfy any and all obligations of the Owner set forth in
Section 7.0 of the Implementation Agreement.
3. Parks and Recreation Impact Fee Credit. Pursuant to Section 9 -391.5 of the
City of Winter Springs Code of Ordinances, a Parks and Recreation Impact Fee Credit of Forty
Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16) is granted for the
Remaining Property. Nothing herein shall be construed as granting any other impact fee credit.
4. Covenant Running with the Remaining Propertyi Application of
Credit to the Remaining Propertv. The Parks and Recreation Impact Fee Credit
identified herein shall run with title to the Remaining Property, which is legally
described in Exhibit "C." The Parks and Recreation Impact Fee Credit shall only apply to
offset, diminish, or reduce any Parks and Recreation Impact Fee that is due and owed the City
under the Winter Springs' City Code as a result of the future development of the Remaining
Property. As such, the Parks and Recreation Impact Fee Credit shall not offset, diminish or
reduce any other charges, fees or other impact fees for which the Owner, or successor owners
of the Remaining) Property, are responsible in connection with the development of any
TCO 358,148941v2 0 7344 8.010200 2
other real property. Further, the Parks and Recreation Impact Fee Credit shall not be
assignable or transferred to any other real property.
5. Future Apportionment of the Parks and Recreation Fee Impact Credit to
the Remaining Property. The Parks and Recreation Impact Fee Credit shall be applied as
Owner sequentially proceeds with the development of the Remaining Property and building
permits are issued by the City on a first in time basis. The application of said credit shall
continue until it has been fully applied to off -set, diminish, or reduce the Parks and Recreation
Impact Fees that are owed to the City. However, in the event that the Owner subdivides all or
part of the Remaining Property, and later conveys a portion of the Remaining Property that has
been subdivided, the Owner shall be responsible, at its discretion, for apportioning, in whole or
in part, the Parks and Recreation Impact Fee Credit to itself and any successor owner's of the
Remaining Property. The Owner shall provide written notice to the City of any apportionment of
the Parks and Recreation Impact Fee Credit within seven (7) days of said apportionment, and the
City shall have the right to rely on said apportionment, without penalty or liability, when
applying the Parks and Recreation Impact Fee Credit to any future development of the
Remaining Property. It shall be the Owner's, or successor owners', obligation to notify the
City that they are requesting that the Parks and Recreation Impact Fee Credit be applied at
the time payment of the Parks and Recreation Impact Fees are due.
6. Applicable Impact Fee Rates. The Parks and Recreation Impact Fee Credits granted to the
Owner hereunder shall be available to the Owner to offset any parks and recreation impact fees assessed,
levied, or payable in connection with any future development of the Remaining Property.
7. Authority.
A. The City hereby represents, covenants and warrants to Owner, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by the City,
and the granting of Parks and Recreation Impact Fee Credits to Owner hereunder, and the
performance by the City of its obligations under this Agreement: (i) are within the City's
capacity and authority and all requisite action has been taken to authorize the execution and
delivery of this Agreement by the City and to make this Agreement valid and binding on the City
in accordance with its terms; and (ii) does not and will not (a) result in a breach of or default
under any indenture, agreement, instrument or obligation to which the City is a party and/or
which affects all or any portion of the Property; or (b) constitute a violation of any ordinance of
the City of Winter Springs or of any other governmental requirement. The person executing this
Agreement on behalf of the City has been duly authorized to act on behalf of and to bind the
City, and this Agreement represents a valid and binding obligation of the City.
B. Owner hereby represents, covenants and warrants to the City, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by Owner
and the performance by Owner of its obligations under this Agreement: (i) are within Owner's
capacity and authority and all requisite action has been taken to authorize this Agreement and
make this Agreement valid and binding on Owner in accordance with its terms; and (ii) does not
and will not resulj a breach of or default under any indenture, agreement, instrument or
obligation to which Owner is a party and/or which affects all or any portion of the Property. The
I
TCO 358,148,941✓2 073448.010200 3
person executing this Agreement on behalf of Owner has been duly authorized to act on behalf of
and to bind Owner, and this Agreement represents a valid and binding obligation.
8. Termination. This Agreement shall terminate at such time that the City
recognizes, by written notice to Owner or any successor owner, that the Parks and Recreation
Impact Fee Credit has been fully applied and exhausted. Notwithstanding any provision of the
City's Code of Ordinances to the contrary, the Parks and Recreation Impact Fee Credits granted
to the Owner hereunder shall not expire and shall be available to the Owner at all times until
exhausted. Upon termination by the City, no further Parks and Recreation Impact Fee Credit
shall be due under this Agreement, and the City shall have the right, but not the obligation, to
record a Notice of Termination of this Agreement in the Official Public Records of Seminole
County, Florida.
9. Indemnification and Hold Harmless. To the extent provided by law, the
Owner, or any successor owner of any portion of the Remaining Property, agree to indemnify,
defend and hold harmless the City from and against all claims, losses, damages, attorney's fees,
or liability, arising from or out of the apportionment of any of the Parks and Recreation Impact
Fee Credits by such Owner or the respective successor owner, if applicable, provided the City
has applied the Parks and Recreation Impact Fee Credit to the Remaining Property in accordance
with the terms and conditions of this Agreement and any written notice of apportionment
provided under Paragraph 5 of this Agreement. This indemnification shall obligate the Owner,
or the respective successor owner, as applicable, to defend at its own expense or to provide for
such defense, at the option of the City, as the case may be, of any and all claims of liability and
all suits and actions of every name and description that may be brought against the City resulting
from any claim against the Owner or such respective successor owners, as applicable, for an
apportionment of the Parks and Recreation Impact Fee Credits under this Agreement.
10. Miscellaneous Provisions.
i. Applicable Law and Venue. This Agreement shall be governed by and
construed under the laws of the State of Florida. The parties shall attempt
in good faith to resolve any dispute concerning this Agreement through
negotiation and/or mediation between authorized representatives. If these
efforts are not successful, and there remains a dispute under this Agreement,
either party may then file an action in the Circuit Court of Seminole
County, which shall be the exclusive venue with respect to any disputes
arising out of this Agreement. This Agreement shall not be construed or
characterized as a development agreement under the Florida Local
Govemment Agreement Act.
Entire Agreement. This Agreement is the entire agreement between the
parties, and supersedes all previous oral and written representations,
agreements and understandings between the parties. Except as otherwise
provided herein, this Agreement shall only be amended or cancelled by
Wnutual written consent of the parties hereto or by their successors in
interest. A copy of this Agreement shall be recorded by the City in the
TCO 358,148,941v2 073448 010200 4
I I
Official Public Records of Seminole County, Florida, within fourteen
(14) days after the City enters into this Agreement. The Owner shall
pay all costs of recording this Agreement.
Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of
which together shall constitute one and the same instrument.
iv. Effective Date. The effective date of this Agreement (the "Effective
Date shall be the date when the last one of the Parties has properly
executed this Agreement as determined by the date set forth immediately
below their respective signatures and shall be binding upon all successors
in interest to the parties.
v. Notices. Whenever any of the parties desire to give notice to the
other, such notice must be in writing, sent by U.S. Mail, postage prepaid,
addressed to the party for whom it is intended at the place last specified;
the place for giving of notice shall remain such until it is changed by
written notice in compliance with the provisions of this paragraph. Until
otherwise designated by amendment to this Agreement, the parties
designate the following as the respective places for giving notice:
For the OWNER: Winter Springs Holdings, Inc.
900 Seventh Street NW, Ste. 1020
Washington, DC 20001
Telephone:
Fax:
WITH A COPY TO: James R. Difede, Esq.
Potts- Dupre, Difede Hawkins, Chtd.
900 Seventh Avenue, NW
Suite 1020
Washington, DC 20001
Telephone: 202 -223 -0888
Fax: 202-223-3868
For the CITY: City of Winter Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs, FL 32708
Telephone: 407 327 -5957
Fax: 407 327 -4753
[SIGNATURE PAGE TO FOLLOW]
TCO 358,148,941v2 073448.010200 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
WITNESSES: CITY OF WINTER SPRINGS
By:
(signature) John F. Bush, Mayor
(print name) ATTEST:
By:
(signature) Andrea Lorenzo- Luaces, City Clerk
Date:
(print name)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
2009, by John F. Bush, Mayor of the City of Winter Springs, (check one)
who is personally known to me or who produced as
identification.
Notary Public
Print Name:
My Commission expires:
TCO 358,148941v2 0 73 448.010200
WITNESSES: WINTER SPRINGS HOLDINGS, INC., a
Delaware corporation
(signature) By:
Lindell K. Lee, President
(print name)
Date:
(signature)
(print name)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
2009, by Lindell K. Lee, President of the Winter Springs Holdings, Inc., a
Delaware corporation, (check one) who is personally known to me or who produced
as identification.
Notary Public
Print Name:
My Commission expires:
TCO 358,148,941x2 073448.010200 7
t.GAI_ DESCRIPTION:
A PORTION OF LOTS 7 AND 8, BLOCK "A D.R. maTCHELCS SURvEY OF THE LEVY GRANT ON LAKE JESSUP,
SAID LADS OE 31 EAST. ACCORDING TO THE PLAT HIP
HEREOF As REGORGEO IN PLAT B OK C 1, O PAGE 5. OF THE 2 PUBLIC H
0 RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING ',TORE PARTICULARLY OESCRIBEO AS FOLLOWS:
Cou!ENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTNENT
OF RUN F S38'23 34'E A DISTANCE OF 27. SECTION G I NE BASEUNEEOF SURVEY 13. P.I. SAID RIGHT )OF HENCE
WAY MAP; THENCE DEPARTING SAID BASELINE RUN 1430'04 E A DISTANCE OF 255.26 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY UNE OF TUSKAAWI E ROA INUE (FOR K 6 E, ALONG .A T AvENU AS OF WAY
SHOWN ON SAID RIGHT WAY JAR;
LINE. A DISTANCE OF 55.6.5 2 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N30'04'56 1, ALONG SAI0
EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 1279.13 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE
ON S THE WESTERLY UN C.S X.9TRANSPORTDAT ON INCORPORATED OF LAKE CHARM BRANCH" R ALSO BEING oF 1110.9 FEET AIL
CORRIDOR; THENCE DEPARTING SAID RIGHT OF WAY UNE RUN ALONG 5310 WESTERLY LINE AND ALONG
THE ARC THENCE S 5'33 4 A 0KTANCE OF 1013.. FEET TO INC NORHWESTFCORNER THE
OF RELEASE
TANGENCY PAGE 1095: THENCE DEPARTING SAID WESTERLY
PARCEL 2 AS S5701.44-E, IN GERONA! RECORD 609E 3988,
UNE
HE NORTHEAST CORNER OF SAIDERELEASE PARCEL E2,rSAID P0;NT BEING ON THE SOUTHERLY]UNEDOF FEET 0
ACQUISITION PARCEL 8 (THE RAILS T TRAILS CORRIDOR) AS DESCRIBED IN OFFICIAL RECORD 900E 4092,
RUNE 56':'59
11 7'44 E. ALONG SAID SOUTHERLY UNE, A DISTACE OF 95.46 FEET: THENCE
RUN 554'37'59"E E Y. HAVING A CON R NCE 5570 G A OF 1: FEET TTHENCEI R LONG TH ARC TANGENT CURVE
CU.RvE TH CONCAVE A CENTRAL
NORTHERLY. 1TOI DIU 85.05.0 0 FEET:
ANGLE OF 61'16 6'Sl A 51 A DISTANCE OF 90.91 FEEL TO INC POINT
HENCE F RUN ALONG CTHEAARCEOf ID CURVE' BEING
y HAVING A RADIUS OF 500.00 FEET; OF FEET To INC POINT OF TANGENCY;
CONCAVE $OUIHERL •11 46 A DISTANCE 0 F 177.70 FEET:
?H c 7 A CENTRAL ANGLE OF 30 E RUN 546'13'52 E A DISTANCE O
SAID CURVE THRU r THENCE THENCE RUN 532' E A DISTANCE OF 187.98 FEET; SAID
HENCE RUN 532' UNE 'E A DISTANCE OF 662.97 FEET TO THE INTERSEC}�058� SAALICYCDUTHERLY UNE AND INC
RTHWESIERLY UNE OF SAID cE OF 8 FEET Ell POINT R 014 THE NORTHEASTERLY RIGHT SECTION 77070- NE
hC A DISTANCE OF 9A7.88 T OF WAY U
NORTHY7 icRLY LINE.
OF STATE R03D 431 (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT Of WAY MAP. SE
2516, SHEET 11 OF 13): THENCE DEPARTING 5A10 NORTHWESTERLY LINE RUN N38•43'16 "W, ALONG SAID
NORTHEASTERLY
CURVE CONCAVE SOUTHWESTERLY. HA41tG A 431.17 9'05'07 7905.47 FE IT 7905.47 A C
TANG NT CHORD BEARING OF Run N37'00.57'W: THENCE RUN ALONG INC THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 3'24'3 A DISTANCE 14.00 FEET;
N38' 3 16'W 3. DISTANCE OF01O36.42�DEETR10 INC C50UHEa5T CORNER OF RELEASE P CELT2;NCE RUN
THENCE CONTLNUE N38'43'161Y A DISTANCE OF 138.78 FEET TO THE SOUTHWEST CORNER OF RELEASE PARCEL
2; THENCE CONTINUE 1438'43 16 W A DISTANCE OF 302 FEE TH ENCE M S OU TH E R C OF THOSE
TANGS B N OFFICIAL RECORD 800'5 2803, PAGE
RIGHT OF F WAY WAY UNE RUN N30'04'S6 E. ALONG THE SOUTHEASTERLY LINE OF SAID PROPERTY. A DISTANCE 0
2 0 FE TO THENCE
THE POI 3 8 43' I 6 WN ALONG THE NORTHEASTERLY UNE OF 5a0 PROPERTY, A DISTANCE OF
IOGEHER WITH:
A PORTION OF LOTS 7 AND 8. BLOCK TA O.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP.
LANDS LYING iN SECTION 31, SOUTH,
RANGE OWNSHIP 20 SOUTH, RAGE 31 EAST AND SECTION 6. TOWNSHIP 21 SO
RANGE 31 EAST, ACCORDING TO INC TH PLAT THEREOF 35 RECORDED IN PLAT 800E 1, PAGE 5, OF INC PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING IJORE PARTICULARLY DESCRIBE P AS FLORIDA DEPARTMENT
COMMENCE Al INC INTERSECTION OF STATE ROAD 434 AND TU5KAWILLA ROAD (EST
OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070 -2516, SHEET 10 OF 13. P.1. STATION 500+32.11); THENCE
WA Y 539 ;2NENCE30E DISTANCE OF
A.R NG 541017BASELINEERUNNS0'3T'59 E A DISTANCE OF 97 29 SHOWN ON SAiD
301NT ON INC HT OF
WAY HAP:
NORTHEASTERLY RIGHT OF WAY LINE Of TUSKAw1LLA 8030 (FORMERLY KNOWN AS BRANTLEY AVENUE), AS
1, 51401411
3. ON SAID RIGHT OF WAY 9'28 FOR A DI TANCEOOFB15.001 FEETTHTHENCE RUN NS 1 31 8 58 3 A DISTANCE OF
1 FEET: THENCE RUN 3' 0'28 02" FOR
RUN 568'24'05T A DISTANCE OF 52.48 FEET
106.44THENCEI'�HUNCSST59 J3 05TH CEIOF�57E.62FFEET�a FEET; THENCE RUN 547'54'36 E 3 DISTANCE OF 34_ 00
FEET;
5N PLAT 800E 1,
RECORDED EASTERLY LBO OF BL PAGE 5: THENCE S 3� W OF ALONG 5AO EISTERLYYNUNE OF E BLO K A A" A
.ro 157330
01STANCE OF 10952 FEET: THENCE RUN �550 54'0 D H EASTERLY
0 TANCE 11.72 C FEET: THENCE RUNS A
N
552'01'1314 A DISTANCE OF 65.99 FE THENCE RUN RU28'03'23 37 E STANC o O 92x655!; RUN
T THENCE
C A POINT ON INC
AF CE
S44'20'0'1 A DISTANCE OF 9.60 .60 FEET' THENCE RUN 529'03'23 14 A DI 0 ISI E OF 7.92 FEET:
OREME 4 T I A DISTANCE OF 176.05 FEET THENCE
AFOREMENTIONED A EASTERLY U42 OF BLOC THENCE 0 PAR111G SAID EASTERLYAUNE OF LINE OF BLOCK N
52+ A"
N27505'13'52'W A DISTANCE OF 42.89 FEET;
565'26 A DISTANCE OF 41.29 FEET; THENCE RUN 536'31 O4 W A DISTANCE OF 54.59 FEET; THENCE RUN
N52'32'01'11 A DISTANCE OF 245.40 FEET: THENCE RUN 569'06 2714 A DISTANCE OF 57.99 FEET; THENCE h
56637'02"W A DISTANCE OF 39.09 FEET: THENCE RUN 546'29'24'W A DISTANCE OF 41.50 FEET THENCE RUN
528'528'5 5'3333;1 A DISTANCE Of 34.27 FEET: THENCE RUN 510'02'1614 A DISTANCE OF 55.95 FEET; THENCE RUN
S03'05' w A DISTANCE OF 49.29 FEET; THE CE RUN S07 25 A DISTANCE OF 52.87 EEE THENCE RUN
5 60' 0 77 '0 0 014 A DISTANCE OF 49.19 FEET: THENCE RUN 579'35'01 A DISTANCE OF 69 FE THENCE RUN
N 89'! 0 w A DISTANCE OF 1 6 FEET 98 6 FEET: THENCE RUN N60'50'07'W A DISTANCE 0
1
S66' 4 W 4314 A DISTANCE OF 966.65 EE T; THENCE RUN 509'51'29'W A DISTANCE OF 3.0 FEET; THENCE RUN
N35'52'11'1'4 3 DISTANCE OF 1 'DISTANCE OF 12211 FEET: THENCE RUN 551'10 4414 A DISTANCE OF 5.00 FEET TO A POINT ON THE
ill AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY UNE Of 1USNAWILIA ROAD; THENCE RUN ALONG THE
PONT' N OR SECS` ERL'( RIGHT OF WAY LINE OF 105KAWILLA ROAD 1438•43'16-19 A DISTANCE OF 7356' TO HE
CONTAINS 46553 (2,027,848.58 SQ. `T.). MORE OR LESS. y
t EXHIBIT
=a
9
Sheer 1
See Sketch of Description
Included as Attachtnent
EXHIBIT
DESCRIPTION
That part of Lot 5, Block "A D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as
recorded in Plat Book 1, Page 5 of the Public Records of Seminole Counry, Florida being
more particularly described as follows:
COMMENCE at the Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book 53, Pages 45 -49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right -of -Way of TUSKAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the
Public Records of Seminole County, Florida; thence run N..59'31'38 "W. along the Westerly
prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the East Right -of-
Way lint of said TUSKAWILLA ROAD; thence 5.30'04'55 "W. for a distance of 1478.38 feet,
thence S.59'S5'05 "E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N.30'04'S5 "E. along the East Right of Way line of said TUSKAWILLA ROAD per Official
Records Book 5810, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non Tangent curve concave Northwesterly, having a Tangent Bearing of
S.10'12'00 "W., a Radius of 1,110.99 feet and a Central Angle of 05'21'47'; thence
Southeasterly along the arc of said curve and the West Right -of -Way line of the C.S.X
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR, a distance of
103,99 feet to the Point of Tangency; thence S.1S'33'47 "W., a distance of 266.49 feet; thence
N.59'55'05"W., a distance of 97.55 feet to the POINT OF BEGINNING,
Containing 0.417 acres (18,159 square feet), more or less.
T09 -A39
Prepared by:
Tinklepaugh Surveying Services, Inc. This description and the accompanying sketch or
379 West Michigan Street sketches has been prepared in accordance with the
Suite 208 Standards set forth in Chapter 61G17, F.A.C.,
Orlando, Florida 32806 pursuant to Chapters 177 and 472, Florida Statutes.
(407) 422 0957 Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for informational
purposes only and is not valid.
ROBERT W. MONA•• P..M 5980
Date: Fe",020A RV 25, 2 009
SKETCH OF C^SCRIPTION
ATTACHMENT "A"
NOT A SURVEY l
P.O.C. I o
o SOUTHWESTERN MOST CORNER OF c j' l"
LOT 31, ST. JOHNS LANDING
2
2
iii)lijilfilig l
(P,B. 53, PAGES 45 -49) I /pp's. 1/ J
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G, w Q Q
SURVEYOR NOTES o q` o 2 f
1. B earings are based an the East 3 i ce' 1
right -al -way line of Tuskowillo Road, 0) n f
h
being N30'04'55`E. r5L y 0)
cc O N Co „Sr
2. This is not o Boundary Survey. c`� 4, tj 1 fxr C
No comers were set. �Qe ry O O U
3. This site contains 0.417 acres e a' 1
(18.159 square feet). W
ore or less. of
J a/ ry N
-7 V
0o a4 O
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t�r C am.
A vr A r� q CO Q 1 E- E-I 0 4- rn
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LEGEND h o i z ee u Q c 1 o q E CENTERUNE rj r/ f. a �1 m DELTA /OO 0 a
L ARC LENGTH 40• Q.• 40
O.R.B. OFFICIAL RECORDS BOOK 2,5 U
k
P.8. PLAT 800K w W 1 4'
P.O.B. POINT OF BEGINNING 01 '$9 j i
P.O.C. POINT OF COMMENCEMENT �s, C4
P.T. POINT OF TANGENCY 9? '064 tl,
R/W RIGHT -OF -WAY P B• 50' 4
R RADIUS 50
T.B. TANGENT BEARING
MAGNOUA PARK ACQUISITION
(0.R.B. 5810, PAGE 1286)
Tinklepaugh
REVISED 5/5/08 A.D.A. SURVEYING SERVICES, INC.
REVISED 2/25/09 A.D.A. 379 W. Michigan 51reet. Suite 205 a Orlando. Florida 32506
I: \T09A39 \109A39.dwg 2/25/2009 Tele. No. (4.07) 422 -0957 Fax No. (407) 422 -8915
DRAWING No. TO9A39 FILE No. SX- 7035 -09 UCSNSEO BUSINESS No. 3778
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That parr of Lot 5, Block 'A D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as
recorded in PIat Book 1, Page 5 of the Public Records of Seminole County, Florida being
more particularly described as follows:
COMMENCE ar the Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book .53, Pages 45-49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right -of -Way of TUSKAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the
Public Records of Seminole County, Florida; thence run N.59'31'38'47. along the Westerly
prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the East Right -of-
Way line of said TUSKAWILLA ROAD; thence S.30'04'S5"W. for a distance of 147838 feet;
thence 5.59'55'05"E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N30'04'55 "E. along the East Right -of -Way line of said TUSKAWILLA ROAD per Official
Records Book 5810, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non Tangent curve concave Northwesterly, having a Tangent Bearing of
S.10'12'00'W., a Radius of 1,11099 feet and a Central Angle of 05'21'4r; thence
Southeasterly along the arc of said curve and the West Right -of -Way line of the C.S.X
TRANSPORTATION IN 'LAKE CHARM BRANCH' RAIL CORRIDOR, a distance of
103.99 feet to the Point of Tangency; thence S.15'33'47 "W., a distance of 266.49 feet thence
N.59'55'05'W., a distance of 97.55 feet to the POINT OF BEGINNING.
Containing 0.417 acres (18,159 square feet), more or less.
TC0 358,155,404v1 073448.010200
Prepared by and return to:
Anthony A. Garganese
City Attorney of Winter Springs
Brown,, Garganese, Weiss D'Agresta, PA.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
MAGNOLIA PARK EXPANSION
PARKS AND RECREATION IMPACT
FEE CREDIT AGREEMENT
THIS AGREEMENT (the "Agreement is made and entered into effective this
day of 2009, by and between Winter Springs Holdings,
Inc., a Delaware corporation, whose address is 900 Seventh Street NW, Ste. 1020, Washington,
DC 20001, and its successors and assigns (the "Owner and the City of Winter Springs,
Florida (the "City a Florida Municipal Corporation, whose address is 1126 E. State Road 434,
Winter Springs, FL 32708.
COMMON RECITALS:
WHEREAS, the Owner is the owner in fee simple title to certain real property (the
"Property") described in Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, the Property is subject to that certain Implementation Agreement (the
"Implementation Agreement recorded in the Public Records of Seminole County, Florida in
Official Records Book 6599, Pages 1705 -1726; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement, the Owner
agreed to convey a portion of the Property (0.417 acres) to the City along Tuscawilla Road for
park purposes (the "Park Property") as described in Exhibit `B" attached hereto and
incorporated herein by this reference; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement and Section 9-
391.5 of the City of Winter Springs Code of Ordinances, the City has agreed, in exchange for
the conveyance of the Park Property, to provide a parks and recreation impact fee credit (the
"Parks and Recreation Impact Fee Credit to the Owner equal to the appraised value of 0.25
acres of Park Property, with the remaining area within the Park Property being donated to the
City; and
WHEREAS, a Owner and the City agree that the Park Property has an appraised value
of Seventy -Seven Th and No /100 Dollars ($77,000.00), and the pro rata appraised value
of the .25 acres of Park Property for which the Parks and Recreation Impact Fee Credit shall be
TCO 358,148,941x2 073448.010200 1
provided is Forty Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16)
and said prorated appraised value of $49,302.16 shall be the basis for calculating the Parks and
Recreation Impact Fee Credit; and
WHEREAS, upon conveyance of the Park Property to the City, the Owner will be the
owner of the remaining real property legally described on Exhibit "C" attached hereto (the
"Remaining Property and
WHEREAS, at the effective date of this Agreement, Owner does not have any pending
City building permit applications related to the Remaining Property to which to apply the Parks
and Recreation Impact Fee Credit; and
WHEREAS, the Owner and the City now desire to complete the real property
conveyance mentioned above and memorialize, in writing, the amount of the Parks and
Recreation Impact Fee Credit and the manner in which said credit can be used during the
future development of the Remaining Property.
WTTNESSETH:
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein, the parties agree as follows:
1. Recitals. The parties agree and acknowledge that the recitals above are true
and correct and that it is the intent of the parties by entering into this Agreement to create a
legally binding contract.
2. Park Property Conveyance. The Owner agrees to convey to the City
marketable fee title to the Park Property within seven (7) days of the Effective Date, and the City
agrees that such conveyance shall satisfy any and all obligations of the Owner set forth in
Section 7.0 of the Implementation Agreement.
3. Parks and Recreation Impact Fee Credit. Pursuant to Section 9-391.5 of the
City of Winter Springs Code of Ordinances, a Parks and Recreation Impact Fee Credit of Forty
Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16) is granted for the
Remaining Property. Nothing herein shall be construed as granting any other impact fee credit.
4. Covenant Running with the Remaining Property; Application of
Credit to the Remaining Property. The Parks and Recreation Impact Fee Credit
identified herein shall run with title to the Remaining Property, which is legally
described in Exhibit "C." The Parks and Recreation Impact Fee Credit shall only apply to
offset, diminish, or reduce any Parks and Recreation Impact Fee that is due and owed the City
under the Winter Springs' City Code as a result of the future development of the Remaining
Property. As such, the Parks and Recreation Impact Fee Credit shall not offset, diminish or
reduce any other charkes, fees or other impact fees for which the Owner, or successor owners
of the Remaining Property, are responsible in connection with the development of any
TCO 358,148,941'2073448.010200 2
other real property. Further, the Parks and Recreation Impact Fee Credit shall not be
assignable or transferred to any other real property.
5. Future Apportionment of the Parks and Recreation Fee Impact Credit to
the Remaining Property. The Parks and Recreation Impact Fee Credit shall be applied as
Owner sequentially proceeds with the development of the Remaining Property and building
permits are issued by the City on a first in time basis. The application of said credit shall
continue until it has been fully applied to off -set, diminish, or reduce the Parks and Recreation
Impact Fees that are owed to the City. However, in the event that the Owner subdivides all or
part of the Remaining Property, and later conveys a portion of the Remaining Property that has
been subdivided, the Owner shall be responsible, at its discretion, for apportioning, in whole or
in part, the Parks and Recreation Impact Fee Credit to itself and any successor owner's of the
Remaining Property. The Owner shall provide written notice to the City of any apportionment of
the Parks and Recreation Impact Fee Credit within seven (7) days of said apportionment, and the
City shall have the right to rely on said apportionment, without penalty or liability, when
applying the Parks and Recreation Impact Fee Credit to any future development of the
Remaining Property. It shall be the Owner's, or successor owners', obligation to notify the
City that they are requesting that the Parks and Recreation Impact Fee Credit be applied at
the time payment of the Parks and Recreation Impact Fees are due.
6. Applicable Impact Fee Rates. The Parks and Recreation Impact Fee Credits granted to the
Owner hereunder shall be available to the Owner to offset any parks and recreation impact fees assessed,
levied, or payable in connection with any future development of the Remaining Property.
7. Authority.
A. The City hereby represents, covenants and warrants to Owner, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by the City,
and the granting of Parks and Recreation Impact Fee Credits to Owner hereunder, and the
performance by the City of its obligations under this Agreement: (i) are within the City's
capacity and authority and all requisite action has been taken to authorize the execution and
delivery of this Agreement by the City and to make this Agreement valid and binding on the City
in accordance with its terms; and (ii) does not and will not (a) result in a breach of or default
under any indenture, agreement, instrument or obligation to which the City is a party and/or
which affects all or any portion of the Property; or (b) constitute a violation of any ordinance of
the City of Winter Springs or of any other governmental requirement. The person executing this
Agreement on behalf of the City has been duly authorized to act on behalf of and to bind the
City, and this Agreement represents a valid and binding obligation of the City.
B. Owner hereby represents, covenants and warrants to the City, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by Owner
and the performance by Owner of its obligations under this Agreement: (i) are within Owner's
capacity and authority and all requisite action has been taken to authorize this Agreement and
make this Agreement valid and binding on Owner in accordance with its terms; and (ii) does not
and will not result al a breach of or default under any indenture, agreement, instrument or
obligation to which Owner is a party and/or which affects all or any portion of the Property. The
rco 358,148,941✓2 073448.010200 3
person executing this Agreement on behalf of Owner has been duly authorized to act on behalf of
and to bind Owner, and this Agreement represents a valid and binding obligation.
8. Termination. This Agreement shall terminate at such time that the City
recognizes, by written notice to Owner or any successor owner, that the Parks and Recreation
Impact Fee Credit has been fully applied and exhausted. Notwithstanding any provision of the
City's Code of Ordinances to the contrary, the Parks and Recreation Impact Fee Credits granted
to the Owner hereunder shall not expire and shall be available to the Owner at all times until
exhausted. Upon termination by the City, no further Parks and Recreation Impact Fee Credit
shall be due under this Agreement, and the City shall have the right, but not the obligation, to
record a Notice of Termination of this Agreement in the Official Public Records of Seminole
County, Florida.
9. Indemnification and Hold Harmless. To the extent provided by law, the
Owner, or any successor owner of any portion of the Remaining Property, agree to indemnify,
defend and hold harmless the City from and against all claims, losses, damages, attorney's fees,
or liability, arising from or out of the apportionment of any of the Parks and Recreation Impact
Fee Credits by such Owner or the respective successor owner, if applicable, provided the City
has applied the Parks and Recreation Impact Fee Credit to the Remaining Property in accordance
with the terms and conditions of this Agreement and any written notice of apportionment
provided under Paragraph 5 of this Agreement. This indemnification shall obligate the Owner,
or the respective successor owner, as applicable, to defend at its own expense or to provide for
such defense, at the option of the City, as the case may be, of any and all claims of liability and
alI suits and actions of every name and description that may be brought against the City resulting
from any claim against the Owner or such respective successor owners, as applicable, for an
apportionment of the Parks and Recreation Impact Fee Credits under this Agreement.
10. Miscellaneous Provisions.
i. Applicable Law and Venue. This Agreement shall be governed by and
construed under the laws of the State of Florida. The parties shall attempt
in good faith to resolve any dispute conceming this Agreement through
negotiation and/or mediation between authorized representatives. If these
efforts are not successful, and there remains a dispute under this Agreement,
either party may then file an action in the Circuit Court of Seminole
County, which shall be the exclusive venue with respect to any disputes
arising out of this Agreement. This Agreement shall not be construed or
characterized as a development agreement under the Florida Local
Government Agreement Act.
ii. Entire Agreement. This Agreement is the entire agreement between the
parties, and supersedes all previous oral and written representations,
agreements and understandings between the parties. Except as otherwise
provided herein, this Agreement shall only be amended or cancelled by
lnutual written consent of the parties hereto or by their successors in
interest. A copy of this Agreement shall be recorded by the City in the
TCO 358, 148,941v2 073448.010200 4
Official Public Records of Seminole County, Florida, within fourteen
(14) days after the City enters into this Agreement. The Owner shall
pay all costs of recording this Agreement.
iii. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of
which together shall constitute one and the same instrument.
iv. Effective Date. The effective date of this Agreement (the "Effective
Date shall be the date when the last one of the Parties has properly
executed this Agreement as determined by the date set forth immediately
below their respective signatures and shall be binding upon all successors
in interest to the parties.
v. Notices. Whenever any of the parties desire to give notice to the
other, such notice must be in writing, sent by U.S. Mail, postage prepaid,
addressed to the party for whom it is intended at the place last specified;
the place for giving of notice shall remain such until it is changed by
written notice in compliance with the provisions of this paragraph. Until
otherwise designated by amendment to this Agreement, the parties
designate the following as the respective places for giving notice:
For the OWNER: Winter Springs Holdings, Inc.
900 Seventh Street NW, Ste. 1020
Washington, DC 20001
Telephone:
Fax:
WITH A COPY TO: James R. Difede, Esq.
Potts- Dupre, Difede Hawkins, Chtd.
900 Seventh Avenue, NW
Suite 1020
Washington, DC 20001
Telephone: 202 223 -0888
Fax: 202 223 -3868
For the CITY: City of Winter Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs, FL 32708
Telephone: 407-327-5957
Fax: 407- 327 -4753
[SIGNATURE PAGE TO FOLLOW]
TCO 358,148,941v2 073448.010200 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
WITNESSES: CIT: WINTER SP GS
Ond oJ By:
(sign ire J F. Bush, Mayor
(-7A rrx )7-
(print name) ATTEST:
7
j n �1 By.
aturee Andsegaorenzo- Luaces, City Clerk
J0 8 L_7e_r o o r Date: z l, i
(print name)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
2009, by John F. Bush, Mayor of the City of Winter Springs, (check one),,❑...,..
who is personally known to me or who produced as
identification.
Notary Pub c
rr n� Notary Public State OPIO n�
Pnnt Name: Andrea Lorenzo- Luaces
My Commissio e My Commission D0664334
or a Expires 0510912011
TCO 358,148,941V2 073448.010200 6
WITNESSES: WINTER SPRINGS HOLDINGS, INC., a
Delaware corporation
(signature) By:
Lindell K. Lee, President
(print name)
Date:
(signature)
(print name)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
2009, by Lindell K. Lee, President of the Winter Springs Holdings, Inc., a
Delaware corporation, (check one) who is personally known to me or who produced
as identification.
Notary Public
Print Name:
My Commission expires:
TCO 358,148,9414 073448.010200 7
LEGAL DESCRIPTION:
A PORTION OF LOTS 7 AND 8. BLOCK 'A O.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
RRAANOGEU3F5� ACCORDING TO THE PLAT�THEREOFAS RECORDED PLAT NO
BOOK 5. OF}THE2PUBU SOUTH.
ink RECORDS Of 551ANOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Mr COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT
OF UN 538'23'34't A DISTANCE OF 27.48 FEET ALONG ITHE BASELINE EOF SURVEY 13. A5 SHOWN SAID RIGHT )OF HENCE SHEET 10 OF
EASTERLY RIGGHT WAY UNE OFDTUSKAWW1UJ ROAD (FORMERLY KNOWN AS BRAN! EY AS
POINT ON THE
S
SHOWN ON SAID RIGHT OF WAY MAP; THENCE CONTINUE N30'04'56 E, ALONG SAID EASTERLY RIGHT OF WAY
UNE. A DISTANCE OF 55.62 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N30'04'561, ALONG SAID
EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 1279.13 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE
ON S THE WESTERLY UNEOF CS X.9TRANSPORTATION INCORPORATED MAKE CHARM BRANCH F ALSO BEING
RAIL
CORRIDOR: THENCE DEPARTING SATO RIGHT OF WAY UNE RUN ALONG SAID WESTERLY UNE AND ALONG
TANGENCY; OF THENCE 5 5'3347'W CENTRAL ANGLE OF 0
1317FEETITONTHE OF ORT14WEST FEET TO OF RE F
RELEASE
PARCEL 2 AS DESCRIBED IN OFFICIAL RECORD BOOK 3988. PAGE 1095; THENCE DEPARTING SAID WESTERLY
TIE NORTH E4 S TI C ORNE R�OF SAID RELEASE NORTHERLY SAID POINT ALSO BEING 2. THE SOUTHERLYiLNEOOFEE TO
ACQUISITION PARCEL 8 (THE RNLS TO TRAILS CORRIDOR) AS DESCRIBED IN OFFICIAL RECORD BOOK 4092,
PAGE 554'37'591 THENCE DISTANCE OF O TO AAIPOISNTUOFECLURV DISTANCE F TANGE CURVE CONCAVE CE
ANGLE £OFY61'16'5G' A DISTANCE OF 9091 FE Ti T O THE E ARC 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 38'11'46` A DISTANCE OF 333.32 FEET TO THE POINT OF TANGENCY:
THENCE RUN 577'43;041 A DISTANCE OF 187.98 FEET; THENCE RUN 546'13'52"E A DISTANCE OF 177.70 FEET:
QRTHWES'TERLY UNE SAIDiSACQUISITION6PAARCEL BE THENCE RUN 550'31 ALONG SiID RLY UNE AND T THE
NORTHWESTERLY D 434 (PER t5 FL0 IR DA T OF THE
RIGHT OF Y 19E 997.88 FEET TO A POINT MAP. SECTION 77070
2516, SHEET 11 OF 13); THENCE DEPARTING SAID NORTHWESTERLY UNE RUN N38'43'16"W, ALONG SAID
TA CONCAVE WAY DUTHWESTERLY THHAVNNG OF 431.17 DIUS OF 4� N
7 FEET AND A CHORD BEARING OF
N37'00'57'W; THENCE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 3'24'37" A DISTANCE
N38 43 1 A DISTANCE END F 136.42 FEET CURVE; O THE SOUT CORNER OF AFORESAID OF P ARCE THENCE RUN
2 T E CE CONTIN N38'43'16%1 3' W O A D DISTANCE OF 308. F2 FEET TO THE MOST SOUT CORNER OF CORNEROF PARCEL
LANDS DESCRIBED IN OFFICIAL RECORD 80014 2803. PAGE 643: THENCE DEPARTING SAID NORTHEASTERLY
RIGHT OF WAY UNE RUN N30'04'561. ALONG THE SOUTHEASTERLY LINE OF 5A10 PROPERTY. A DISTANCE OF
220.00 FEET; TO THENCE E DINT N38'43'16-W. v ALONG INC NORTHEASTERLY UNE OF SAID PROPERTY, A DISTANCE OF
20000 FEET
TOGETHER wITN:
RANGE 31 EAST AND SECTION 6, TOWNSHIP 21 SOUTH,
A PORTION OF LOTS 7 AND 8. BLOCK "a O.R. MITCHEU.'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
SAID LANDS AS IN SECTION TO 31, C TOWNSHIP 20 SOUTH,
RANGE DS OF EAST. COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED A 5 PAGE DWS:0 THE PUBLIC
COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILIA ROAD (PER FLORIDA DEPARTMENT
RUN T
N 53B'23 34'E A DISTANCE OF 1 SECTION ETT ALONG INC EtASEL EETOFOSURVE`' AS SHOWN ON O SAID R RIGHT OF
N AY MEA; TERLYCRIGHTP OF WAY LINE BASELINE USK*WILA ROAD (FORMERLYT 97.29 POINT IN
E). AS
SHOTHEAS
SHOWN ON SAID RIGHT Of WAY tAAP� FOR INC POINT OF BEGINNING; THENCE RUN 1950'31'5$ "E A DISTANCE OF
1,033.48 FEET• THENCE RUN N39'2802'W A DISTANCE OF 15.00 FEET: THENCE RUN N50'31'SB "E A DISTANCE OF
FEET;; THEN RUNC537'59'33'E 0 A OS CE l OF 57.62 f FEET; THENCE RuN S68'24'08'E5 F
A DISTANCE O 52.48 FEET
TO THE EASTERLY LINE OF BLOCK A. O.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS
INSTANCE OF 251 46 FEET THENCE DEPARTING RUN AID 505'13'52-vi
EASTERLY UNE OF BLOCK ..A RUN 562'36'00" W a A
DISTANCE OF 109.52 FEE: THENCE RUN S50'54'04 "W A DISTANCE OF 1I.72 FEET: THENCE RUN
852'03 03 W A DISTANCE OF 9 60 FEET' THENCE N 23 W AADISTANCEEOFF9i 92 FEET; THENCE RUN
S4410'047 EMTIONED EASTERLY UNE 176.05 BLOCK "AEN THENCE RUN RUN ALON0 SAIDIEASTERLY LINE OF FEET C1( AA POINT ON THE
S05'13'52"W A DISTANCE OF 42.89 FEET; THENCE OEPARFING SAID EASTERLY UNE OF BLOCK "A' RUN
1427'5616'W 1 W A DISTANCE OF .29 FEET; T THENCE R RUN N 589 0fi 27 W A DISTANCE O OF 5 57 99FEEET; THENCE
HENCERUN
R
S66'37'01'W A DISTANCE OF 245.40 FEET;
T:
S6G37'021Y A DISTANCE OF 39.09 FEET; THENCE RUN 546'29;241Y A DISTANCE OF 41.50 FE
S03'05' W A DISTANCE OF 34.27
2.29 FEET; THENCE RUN 5 07'5{'13 A DISTANCE OF 55.95 FEET THENCE RUN
S00'47'47"< A DISTANCE OF 49.12 FEET: THENCE RUN 507'25'22"W A DISTANCE OF 52.87 FEET THENCE RUN
567'06;00 W A DISTANCE Of 15.29 FEET THENCE RUN $79'35 01'W A DISTANCE OF 69.29 FEET; THENCE RUN
N89 43 A DISTANCE OF 96.92 FEET: T H E NCCE RUN N S 09'S 029'W 11 .48FFET ;tTHENCE RUN
AFOR
58604'53'W 2 W A DISTANCE OF 185.65 FEET;
EMENTIONED RICHTEOFTWAY THENCE NE RL A THENCE 5.013 U ALONG T T TH POINT ON H
0 SA N OR 8 GSTERLY RIGHT OF WAY UNE OF TU ROAD 1438'43' 16 W A DISTANCE OF 73.56' TO INC
CONTAINS 46.5531vtCRES (2,027,845.68 SO. FT.). MORE OR LESS.
!t EXHIBIT
ft
Sheet 1
See Sketch of Description
Included as Attachment "A" XFIIBIT
DESCRIPTION
That part of Lot 5, Block "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT 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 Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book 53, Pages 45 -49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right -of -Way of TUSKAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the
Public Records of Seminole County, Florida; thence run N.59'31'38'W. along the Westerly
prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the East Right -of-
Way line of said TUSKAWILLA ROAD; thence 5.30'04'55"W. for a distance of 147838 feet•,
thence 5.59'55'05 "E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N.30'04'SS "E. along the East Right -of -Way line of said TUSKAWILLA ROAD per Official
Records Book 5810, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non Tangent curve concave Northwesterly, having a Tangent Bearing of
S.10'12'00 "W., a Radius of 1,110.99 feet and a Central Angle of 05'21'47`; thence
Southeasterly along the arc of said curve and the West Right -of -Way line of the C.S.X
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR, a distance of
103.99 feet to the Point of Tangency; thence S.15'33'47"W., a distance of 266.49 feet; thence
N.59'55'05 "W., a distance of 97.55 feet to the POINT OF BEGINNING.
Containing 0.417 acres (18,159 square feet), more or less.
T09 -A39
Prepared by
Tinklepaugh Surveying Services, inc. This description and the accompanying sketch or
379 West Michigan Street sketches has been prepared in accordance with the
Suite 208 Standards set forth in Chapter 61G17, F.A.C.,
Orlando, Florida 32.806 pursuant to Chapters 177 and 472, Florida Statutes.
(407) 422 -0957 Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for nformarional
purposes only and is not valid.
.I! 4141.4..
ROBERT MONA* P. .M 5980
Date: FE. 2uA/2. 25._ z 001
SKETCH OF CTSCRIPTION
ATTACHMENT "A"
NOT A SURVEY
t
P.O.C. 4,
SOUTHWESTERN MOST CORNER OF t 1
LOT 31, ST. JOHNS LANDING I 4-
i (P.B. 53, PAGES 45 -49) 1 i J 1
tO HO
I
K o
4 ��v /144 /�i O J-� 1
414 ..iittb CV
l k4 4 h` 4 Iv
.4%7'1 ^I 0^
t945 Y may q A p e t
SURVEYORS NOTES is k as• 417 r
1. Beorings ore based on the East right —al —way fine of Tuskowillo Rood, p 1
being N30'04'55 "E. ?1 W /2) r �r
4,e rJ
2. This is not o Boundary Survey, y rv 4 O CI
No comers were set. 41Qr J 1 0 U J t 0 C O
3. This site contains 0. acres Al. N U d 44
(18.159 square feet), more or less. IC CL ��„I
e cqtig il
40/4, e? a g to --`1 o b
LEGEND .C? 2
eqv 3 i Q O J
q. CENTERLINE h re 4 4 A D O m
47 o DELTA I,
L ARC LENGTH q,• h i
O.R.B. OFFICIAL RECORDS 800K ?s.
P. B. PLAT BOOK .,..,,s,
P.O.B. POINT OF BEGINNING oc
P.O.C. POINT OF COMMENCEMENT S 9 SS`+ g 1 J
A.T. POINT OF TANGENCY 9 .6∎T• 0 J
R/W RIGHT —OF —WAY P.O.B. y 5 p
R RADIUS 50'
T.B. TANGENT BEARING f I
MAGNOUA PARK ACQUISITION
(0.R.B. 5810, PAGE 1286) Ti n ki E'pa U gh
REVISED 5/6/08 A.D.A. SURVEYING SERVICES, INC.
REVISED 2/25/09 A.D. A 37 W. Michigan Street, Suite 20B Orlando. Florida 33908
I: \T09A39 \T09A39.dwg 2/25/2009 Tele. No. (407) 422 -0857 Fax No. (407) 422 -6015
DRAWING No. 109A.39 ILE No. SX- 7035 -09 LICENSED BUSINESS No. 3778
4
EXHIBIT "C"
Legal Description of the Remaining Pr o perty
LEGAL DESCRIPTION:
A PORTION or 1.075 AND N. 3BLOC D.R. 9 n S SURV00T °O NE LIS N:C TON LAKE SU P50VTN,
RANGE 31 EAST
iik SAE LANDS ST SECTIO TO THE PLAT THEREOF AS RECORDED IN PUT BOOK 1. PAGE 3 OF THE P O
RECORDS Of 5�60NOlE COUNTY. FLOIlIOAI BENNO HONE PARYILIAARLY pESCRIHCO AS FOLLOW:
C NACNCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKA*M.0 ROAD (PER FLO M. DEPART/ADO
RUN S3527 A 015'7 T 0 i7N P. T ALONG THE 545 5. 4 E or t SURYEY L AS PA OMR ON 500+32.i iGH )oriHEHCE
rlA Y OF WAY UNE OF E TU9GWl U ROAD 4F�00ME O ar4* EIRAN17LL76 FEET T PONT DN THE
SHOWN ON SAID 55.52 Far THEWS POINT O 5096,11154_ NSCOt Si'E. ALO CONTINUE '55 ALONG SAO
RIX NMI 07 'RAT USE. A DISTANCE OF 127S.T3 FELT TO A PINT ON A NON-0111 I CURVE CONCAVE
ON Y. NAVO4Y A 101 C* 0 0 95 ANSPOR lA INCD.DR IEO_�,p4�AEKE WESTERLY B IN. 5*70 ALSO E6•rJ 4G TNE E CENTRAL µCE OF 1
coassoOrk AND ALONC
5%7 0 7 f 0 TO THE NOR 51. T 70 r t g RELEASE
T ANGENC Y F THE E RUN 511533 47 A GIST Q 3.17 A Ot5 OF TIt.B7 FEET TO ��P,E0 LEA OF THENCE DEPARTING SNO WESTERLY
PARCEL NE RUN 557.0 ALONG NORTHERLY 2 SAID POINT REL At50 E. T T 067A14 SOUTHERLY .1 OF
TO
THE HonniEssr waits ACOUTOTION I ME PARS T O S CORRIDOR) AS DESCRIED IN OFFICIAL RECORD 50014 4011
PACE Him S 54 1 3 7 '59 Of 147 17 FEET T o A PP0O4 C OF DISTANCE TANG r coma 4CAY E THE ARC Or SAO CUR4 THRU A CENTRAL
N
ANGLE ORTHERLY. oF 115 s A DISTANCE OF 90.91 FEET TO E POINT 0 O REVEIOTE CURVATIWE. SND CURVE' SEINO
O CONCAVE SOUTHERLY. A,N RADIUS O7 3 5 455 A DsTANR OF 3.3 F ELT IRE TTO THE P OUR of TANOENGY
MBE RUN 57743 A DISTANC OF 157.55 FEET: THENCE NUN 54513 52"E A O 7*7400 OF 177.70 FE�r:
1HENCE RUN 33750' A DISTANCE OF 662.97 FEE1 TO THE INTERSECTION OF SAE SOUTHERLY UNE AND THE
NORTHWESTERLY LPCE Or SAE ACQUISITION PARCEL 5. 1HENCE RUN THE 3bR°TH�E, ALONG 5570 RA7 UNE
NORTNRESTF30.Y UNE. A DISTANCE OF 957.55 FEET To A POND ON HL
OF STATE S ROAD 434 FENCED E 5 Of TRTHWEVTAR�W URum m Y143543.15w. C M SAID
2516. SHEET Et or 13 THENCE DEPARTING SAE 431.17 7SFEET
W*004 CURVE RIGHT WAY N t5 E S A TE A RA DIUS FEET 790 FEET A ND A CHO B EADING Cf
1µ004T CURVE CONCAVE S ALONG HE A
N37'00.5A FEET THENCE RUN ALONG THE CRC 5. SAID CURVE 557 A CEN ANGLE OF 3 1 24 37' A TTAN 40
N °r 3543 �16"W Aa51ANCE OF 135.47 !W TO TO n SoU THREE� CORNER OF FO AFORESAID N PARCEL RUN
THENCE CONTINUE 1435'43 15W A DISTANCE OF 135.75 FEET 10 THE S0U114WEST CORNER OF RELEASE PARCEL
LANDS F�EEEET�TY i IAL Ftt DISTANCE
w 2803, N 305.12
s°A EwS Tr OF WO DEPARTING SAO tt CORNER THOSE 7
200.00 FEET 714 Tilt PEAR 0 43 O A 6ONG THE NORIHGSTERLY UNE OF DAD PROPERTY. A DISTANCE Of
TOGETHER T4ONt
I PORHHYI OF LOTS 7 ANO 5. BLOCK 'A'. O.R. LIT0745U.5 SURVEY OF THE LEwr GRANT ON LAKE .IES_SUP. AtO
5140 LANDS LYNNG IN 5E011014 31. TO TM3O5CAM, 3 N�RA 5 SECT= 11 S THE PUBUC
RANGE 31 EAST ME COUNTY,
g OF MIME TpM FLORIDA; YFLORIDA; HONG MORE PARTICULARLY DESCRIBED A OH
of TRANSPORTATION A STATE .S,ECT 77070-2516. SHEET to 0 07 13 3. PI. STATOR P l00+u p 111 T 4CF
RUN 53523'34T A 0*M7UK O A 1729.56 *501LK RU 3 5 0 7 25 100 A Q THE OF AS
WAY IMP: NORTHEASTERLY RIGHT Or WAY UNE 07 771 SKAW0.0 ROAD S�(E5 4 y Tr 5 t:NUCI SNCE *CNN AS II
SNO1M4 ON SAID RIGHT OF MAY HAP, 'Yr AO N:IA
NNE OF T CSy4NNa34•y11'[ A AO157 D61AHCi OF04A0
1 D33.48 FEED TNENCC 111414 N]l15 qt 0•M
TICE FEET• RUN 5371533'E R5 A DI T A E OF 57. 5 OF 94.74
F0LT: EASTERLY RUN NE OF A D.R OF 37..F Ssurvtrr or T)4E 4 7 Om A 4a FEET 14 THE D IN P1. LINE 7 Bt 77011 5_,• 1 *11140th 55513 ALONG 5.910 CASIE*LT OF *LOCK A A LANE JESSUP AS
RECORDED F PUT 500E 1
INSTANCE OF 109.52 FEF 7 E 14 CISTANcE OFF 11.72 FEET• RUN R A
52701;1717 A DIST� Of 55.99 407. 407400 RUN 52709 7 W A DISTANCE or 44.25 FEET: 1 RUM ON THE
544 A D0457 Of 775 05 FEFE�f NCE_RUN 53 3 7 DISTANCE OF 77.9 Ft T 1 R
5 13 W N 0157 STER YY LINE OF F iM0755 OEPMIY 6 SAE 0 SAID L OF BT.0 �A' RUN A
N52'3 0 A DISTN OF 245.4 [77 EN THENCE RINI 55500 DISTANCE OF 57.95 RUN CE RUN N3531
55637021 4 A W� OF 35.01 FEET: 'THENCE RUN 546'29 4'4 A STANCEE OF 41.50 FEET THENCE RUN
501 o 5 i7 11 1 A DISTANCE Of 57 29 FF0011'; T1�1410E}44t�CCCCEEEEE S DISLNCE RUN 51012'15V 14 A D Of 55.95 'THERM RUN Rum 55711 oO A DI OF 15.29 FEET TN THENC RUN 3 5 0 1 W 7 0I5 AN OF 1HE710E RUN RU
511504'5311 A DISTANCE OF 166.55FFEEFEET RUN 50 A DS Or 119.45 3 5 fEET: THENCE RUN
12 E� D DISTANCE OF H TE 01 FEET; W C GF 351'1544V A ROAD:: THENCE RUN ALONG TO 1 °N 1146
SOO NORTHEASTERLY RIGHT OF WAY UNE OF TUSNAYAL A ROAD 14354] 161V A Cato CE of 73.58 TO THE
PONT Of SEONNING.
CONTAINS 45.553 ACRES (2.027.545.55 50. 71.). NONE OR LY55.
LESS AND EXCEPT:
t
TCO 358,155,404v1 073448.010200
That part of Lot 5, Block "A', D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as
recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being
more particularly described as follows:
COMMENCE as the Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book 53, Pages 45-49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right -of -Way of TUSKAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1879 of the
Public Records of Seminole County, Florida; thence run N.59'31'38'W. along the Westerly
prolongadoa of the South line of said Lot 31 for a distance of 15.00 feet to the East Right -of-
Way line of said TUSKAWILLA ROAD; thence 530'04'55'W. fora distance of 1478.38 fee
thence 5.59'55'0S'E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N30'04'SS "E. along the East Right -of -Way line of said TUSKAWILLA ROAD per Official i
Records Book 5810, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non Tangenr curve concave Northwesterly, having a Tangent Bearing of
5.10'12'00"W., a Radius of 1,110.99 feet and a Central Angle of 0511'47 them
Southeasterly along the arc of said curve and the West Right-of-Way line of the C.S.X
TRANSPORTATION ING 'LAKE CHARM BRANCH" RAIL CORRIDOR, a distance of
103.99 feet to the Point of Tangency; thence 5.1513'47'W., a distance of 266.49 feet; thence
N.59'55'0S"W., a distance of 97.55 feet to the POINT OF BEGINNING.
Containing 0.417 acres (18,159 square feet), more or less,
TCO 358,155,40411 073448.010200