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HomeMy WebLinkAbout2007 10 02 Regular 600 Remove Regular Agenda Item 604 from September 24, 2007 Meeting from Table for Final Approval COMMISSION AGENDA ITEM 600 Consent Informational Public Hearin Re ular x October 2, 2007 Special Meeting MGR. r IDEPT. Authorization REQUEST: City Manager requests the Commission to remove Regular Agenda Item 604 of the September 24, 2007 Commission meeting from the table for final approval. PURPOSE: This agenda item is needed to bring final action to the proposed third amendment to the Settlement Agreement between the Winter Springs Country Club and the City. CONSIDERATIONS: At the September 24, 2007 Commission meeting, the Commission voted to table Regular item 604 in order to allow representatives of the Country Club and the City to work out remaining issues. We have been informed that the Country Club has consented this afternoon to the revised agreement prepared by the City Attorney and forwarded to the parties. FUNDING: N/A. RECOMMENDA TION: It is recommended that the City Commission remove Regular Item 604 from the table and approve the item with any changes it deems necessary. ATTACHMENTS: Attachment 1: Attachment 2: Regular Agenda Item 604, September 24, 2007 Revised Agreement, September 28,2007 COMMISSION ACTION: Attachment 1: Regular Agenda Item 604, September 24, 2007 CITY OF WINTER SPRINGS September 24, 2007 Regular Meeting 092407_ COMM_Regu lar _ _ Tuscawilla_ Country_Club _Settlement_Agreement COMMISSION AGENDA ITEM 604 Consent . Informational Public Hearin Re ular X September 24. 2007 Regular Meetmg Mgr. ~ I Dept. Authorization REQUEST: The City Manager requesting the City Commission to consider approval of a third modification of the Settlement Agreement between the City and the TuscawiIla Country Club to facilitate proposed development of Parcel 7, and the construction of a 150 foot cell tower and related conveyances of conservation lands to the City. PURPOSE: This agenda item is needed for the Commission to determine the terms and conditions under which it will be wiIling to allow development of Parcel 7 for condominium units, and the construction of a 150 foot cell tower on Parcel 8 of the Tuscawilla Country Club. CONSIDERA nONS: The Corrnnission has approved construction of a 150 foot cell tower on Parcel 8 of the Tuscawilla Country Club, and construction of 60 condominium units on Parcel 7 of the Country Club based upon conveyances of conservation lands satisfactory to the Commission. The staff is continuing to negotiate the final terms of an agreement to recommend to the Commission in time for the September 24, 2007 Commission Meeting. To date we have not received final surveys from the Country Club necessary to complete the negotiations. We are continuing to complete the negotiations in time for the September 24. 3007 Commission Meeting. We are attaching a draft agreement for Commission review. In all likelihood the continuing negotiations will cause some changes to the draft. A decision has to be made by October 2,2007. The Commission could therefore elect to defer the matter to the October 2, 2007 Special Commission meeting if it chooses to do so. FUNDING: N/A RECOMMENDATIONS: ]. Review the draft agreement in order to become familiar with the sense of the agreement and act on the item Monday, September 24, 2007 if the negotiations can be completed in time, or 2. Review the draft agreement in order to become familiar with the sense of the agreement and defer the item to the October 2. 2007 Special Meeting agenda. ATTACHMENTS: Draft Agreement COMMISSION ACTION: Page 2 of 2 Attachment 2: Revised Agreement, September 28, 2007 DRAFT 9/28/2007 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY THIRD AMENDMENT TO SETTLEMENT AGREEMENT TffiS THIRD AMENDMENT TO SETTLEMENT AGREEMENT is made and executed this day of , 2007, 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 REACT LAND, LLC, a Florida limited liability company and WINTER SPRINGS GOLF, LLC, a Florida limited liability company ("Owner"), whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08831. WITNESSETH: WHEREAS, this Third Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No.1 which are recorded at Book 3102, Page 1354 ("Original Settlement Agreement"), as amended by that certain Second Amendment to Settlement Agreement, which is recorded at Book 3146, Page 0454. 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, this Settlement Agreement is related to certain real property located in Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club ("Club Property"); and WHEREAS, as the current fee simple owner of the Club Property, Owner is the successor in interest of that certain Settlement Agreement, and WHEREAS, this Third Amendment to Settlement Agreement affects a portion of the Club Property, primarily Parcel 7 and Parcel 8 and several small areas of Club Property, which are legally described on Exhibits attached hereto; and WHEREAS, the Settlement Agreement generally defines two categories of property, "Development Property" and "Golf Property," for purposes of specifically listing the uses that are permitted on all the property referenced in the Settlement Agreement, including Parcel 7 and Parcel 8; and Third Amendment to Settlement Agreement Tuscawilla Golf and Countl)' Club Property Page I of8 WHEREAS, in accordance with paragraph 5(b) of the original Settlement Agreement, the use of the Golf Property is limited to the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on- site residences), storm water drainage retention and detention for the Development Property, effluent disposal and related uses; and WHEREAS, in accordance with paragraph 3 of the original Settlement Agreement, the Development Property shall be developed with single-family, detached residences; and WHEREAS, Parcel 7 and Parcel 8 are designated Development Property under the original Settlement Agreement; and WHEREAS, the Owner and the City desire to amend the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, to provide for the transfer and modification of certain development rights set forth in therein related to Parcel 7 and Parcel 8; and WHEREAS, in general, the transfer and modification of development entitlements include the placement of certain lands (including Parcel 8 and two other small wooded areas adjacent to Parcel 8) into a perpetual conservation easement, the re-designation of certain areas of Parcel 7 as Golf Property, the re-designation of a small portion of Golf Property as Development Property to accommodate the condominium project proposed for Parcel 7, and allowing a condominium project (rather than single-family, detached residences) on Parcel 7 under the terms and conditions set forth herein; and WHEREAS, the Owner and the City also desire to amend the original Settlement Agreement, as amended, for purposes of allowing a 150 foot unipole telecommunications tower (and related ground equipment and related underground electric and telephone lines) on a small portion (approximately 50' x 50' or an equivalent area) of Parcel 8 in accordance with that certain Development Order approved by the City Commission on September 10,2007; and WHEREAS, the City and Owner have determined that it is in their mutual interest to modify the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, for purposes of enhancing and preserving the Tuscawilla Golf and Country Club and the Tuscawilla community. 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 Second Amendment to Settlement Agreement, as follows: 1.0 Acknowledeement. The Owner and City acknowledge and agree that the original Settlement Agreement, as amended by Second Amendment 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 by the Third Amendment to Settlement Agreement, and intend to be bound by this Third Amendment to Settlement Agreement. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 2 of8 2.0 Recitals: Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Third Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County, Florida ("Effective Date"). 3.0 Parcel 7. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 7 shall be as follows: (a) In lieu of single-family, detached residences, Owner shall be permitted to construct up to sixty (60) residential condominium units on the area identified as "Development Area" on EXHIBIT "A." The Development Area shall consist of parcels "B," "D," and "F" which are labeled on EXHffiIT "A," and shall hereinafter be referred to as "Condominium Property." Said Exhibit is attached hereto and fully incorporated herein by this reference. The residential condominium units shall be constructed on the Condominium Property in substantial conformance with the conceptual plans and elevations approved by the City Commission on September 10, 2007 (Regular Agenda Item 601) ("Condominium Conceptual Plan"). The Condominium Conceptual Plan is hereby fully incorporated herein by this reference, and shall be kept on file at the Winter Springs' City Hall. Owner agrees to diligently pursue the permitting of the sixty residential condominium units. In addition, the City agrees to process permit applications for the residential condominium project in good faith and agrees not to unreasonably withhold permit approvals. The following restrictions shall apply to the proposed residential condominium project: (1) Short term transient rentals of the condominium units on the Condominium Property shall be strictly prohibited. In furtherance of this restriction, Owner agrees to deed restrict the residential condominium units and provide that the rental of any of the residential condominium units on the Condominium Property for a period of less than one 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 restriction shall be a condition of final engineering approval by the City. (2) The City acknowledges that the Condominium Conceptual Plan requires that one battery of tennis courts (alk/a two tennis courts) currently located on Parcel 7 be relocated elsewhere on Parcel 7 at a location near the club's current tennis court facility. However, in conjunction with this relocation, Owner agrees to construct an additional battery of tennis courts on Parcel 7 at a location near the club's current tennis court facility. At least one of the two new batteries of tennis courts shall be constructed and made ready for play before the relocated tennis court is discontinued for play and demolished. (3) All purchasers of the residential condominium units on the Condominium Property shall receive membership (minimum tennis level membership) at the Tuscawilla Golf and Country Club for purposes of satisfying the City's recreation level of service requirements under the City's Comprehensive Plan. The tennis membership shall permit the condominium unit owners to use the recreation amenities at the Tuscawilla Golf and Country Club (e.g. pool, tennis courts, golf course, and gym facility) under membership terms, fees, and conditions established by the Tuscawilla Golf and Country Club. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 3 of8 (4) Unless otherwise approved by the City Commission, Owner shall construct a decorative brick wall along the entire property line adjacent to Winter Springs Boulevard in a manner and height similar to the other decorative brick walls along said boulevard. (b) The Owner and the City acknowledge that there are wetland, floodplain, and floodway mitigation issues on Parcel 7 which must be satisfactorily addressed in order to permit the sixty residential condominium units to be constructed. 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 floodplain and floodway, as said areas are defined by law. For reference purposes only, the location of the floodplain and floodway is generally depicted in the Condominium Conceptual Plan. All such encroachments are subject to review and approval by the City and FEMA. Owner shall submit such engineering data that is necessary to satisfy the City and FEMA. If the City requires the services of an engineering consultant to review the engineering data submitted by Owner, Owner shall reimburse the City for all such services. (c) The portion of Parcel 7 identified as parcels "A," "C," and "E" on EXHBIT "A" (the area excluding the Development Area which generally contains the existing tennis courts, swimming pool, and gym facilities and creek area) shall hereinafter be deemed Golf Property under the terms and conditions of the Settlement Agreement. 4.0 Parcel 8. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 8 shall be as follows: (a) In accordance with Paragraph 5.0 of this Third Amendment to Settlement Agreement, a teleconununications tower shall be constructed on the area legally described on EXHBIT "B." ("Tower Site"). Said exhibit is attached hereto and fully incorporated herein by this reference. (b) No later than thirty (30) days from the Effective Date, the Owner shall convey to the City, and any other third party designated by the City, a perpetual statutory conservation easement over, under, and upon that portion of Parcel 8 currently owned by Owners. Said portion of Parcel 8 is legally described on EXHIBIT "c." which is attached hereto and fully incorporated herein by this reference. The conservation easement shall be granted under the provisions of section 704.06, Florida Statutes. The conservation easement shall be in a form deemed acceptable by the City Attorney. The conservation easement shall generally provide for the preservation of wooded areas (as depicted as shaded areas on EXHIBIT "C"), and shall permit the Owner to use all other parts of the easement area for the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on-site residences), storm water drainage retention and detention, effluent disposal and related uses. Additionally, the conservation easement shall permit the construction and operation of the Tower authorized under Paragraph 5.0 of this Third Amendment to Settlement Agreement. Owner shall be responsible for having all mortgages existing at the time of the conveyance of the conservation easement subordinated to the easement. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 4 of8 (c) The Owner and City acknowledge that a small portion of Parcel 8 located in the southeast corner (Parcel Id. 31-20-31-5BB-0000-0 11 A) is not currently owned by the Owner. ("Parcel 8 Remainder"). However, Owner acknowledges that Owner currently leases the Parcel 8 Remainder and may acquire it in the future. If Owner acquires fee simple title to the Parcel 8 Remainder, Owner agrees to convey to the City a conservation easement over, under, and upon the Parcel 8 Remainder in the same manner provided for in subparagraph 4 (b) above. 5.0 Telecommunications Tower. (a) Pursuant to the terms and conditions of the Development Order issued by the City Commission of Winter Springs, dated September 10, 2007, a unipole telecommunications tower and related ground equipment shall be constructed on the Tower Site. The Owner shall be permitted to grant ancillary access and utility (electric and telephone lines) easements under and upon the Club Property for purposes of serving the Tower Site. No other development shall be permitted on the Tower Site other than the development authorized by said Development Order. The Owner shall be required to maintain a two hundred foot (200 ft.) perpetual buffer area of trees and undeveloped land around the Tower Site. Said buffer area shall be measured as a radius of two hundred foot (200 ft.) from the center of the Tower Site. Should the use of the tower and related ground equipment and utility lines be discontinued for any reason, the tower, equipment, and utility lines shall be removed by Owner within three (3) months of discontinuance. 6.0 Additional Conservation Areas Adjacent to Parcel 8. In conjunction with the conservation easement granted to the City pursuant to Paragraph 4 (b) of this Third Amendment to Settlement Agreement, the Owner agrees to include as conservation land the two areas adjacent to Parcel 8 which are legally described in EXHIBIT "D." Said exhibit is attached hereto and fully incorporated herein by this reference. 7.0 TLBD Beautification Supplemental Contribution. In addition to any special assessment imposed on the Club Property as required by the City's Tuscawilla Lighting and Beautification District, Owner agrees to contribute to the City an additional Twenty-Five Thousand and NollOO Dollars ($25,000.00) to be used for District beautification purposes. Said contribution shall be paid to the City in two equal installments. The first installment shall be due at such time that the City Commission approves the [mal engineering plans for the Parcel 7 residential condominium project. The second installment shall be due within one (1) year from the date that said final engineering plans are approved by the City Commission. 8.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 9.0 Development Permits. As required by City Code and other applicable law, Owner acknowledges and agrees that any development of the Golf Property, Development Property, Tower Site, and Condominium Property will require Owner to apply for additional development permits from the City and other government agencies with jurisdiction over said property. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of the Settlement Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 5 or8 Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner 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 Owner is in breach of any term and condition of the Settlement Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page60f8 Signed, sealed and delivered in the presence of the following witnesses: REACT LAND, LLC, a Florida limited liability company By: , MemberlManager Signature of Witness Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, , as Member/Manager of REACT LAND, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 7 of8 Signed, sealed and delivered in the presence of the following witnesses: WINTER SPRINGS GOLF, LLC, a Florida limited liability company By: Signature of Witness , Member/Manager Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2007, , as ManagerlMember of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: _ EXHIBIT LIST A. Legal Description of Parcel 7 and related subparcels. B. Legal Description of Tower Site Property. C. Legal Description of portion of Parcel 8 owned by Owners (excludes Parcel Id. 31- 20-31-5BB-0000-OIIA owned by Tuskawilla Investors, Inc.). D. Legal Description of additional Conservations Areas adjacent to Parcel 8. Third Amendment to Settlement Agreement TuscawilIa Golf and Country Club Properry Page 8 of8 Date: October 2, 2007 The attached were distributed and referenced by Attorney Anthony A. Garganese during the discussion of Regular Agenda Item "600" during the October 2, 2007 City Commission Special Meeting. RECEIVED OCT - 2 2007 CIIY OF WINTER SPRINGS OFFICE OF THE CIIY CLERK DRAFT 9/28/2007 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY THIRD AMENDMENT TO SETTLEMENT AGREEMENT THIS TmRD AMENDMENT TO SETTLEMENT AGREEMENT is made and executed this day of , 2007, 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 REACT LAND, LLC, a Florida limited liability company and WINTER SPRINGS GOLF, LLC, a Florida limited liability company ("Owner"), whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08831. WITNESSETH: WHEREAS, this Third Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No.1 which are recorded at Book 3102, Page 1354 ("Original Settlement Agreement"), as amended by that certain Second Amendment to Settlement Agreement, which is recorded at Book 3146, Page 0454. 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, this Settlement Agreement is related to certain real property located in Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club ("Club Property"); and WHEREAS, as the current fee simple owner of the Club Property, Owner IS the successor in interest of that certain Settlement Agreement, and WHEREAS, this Third Amendment to Settlement Agreement affects a portion of the Club Property, primarily Parcel 7 and Parcel 8 and several small areas of Club Property, which are legally described on Exhibits attached hereto; and WHEREAS, the Settlement Agreement generally defines two categories of property, "Development Property" and "Golf Property," for purposes of specifically listing the uses that are permitted on all the property referenced in the Settlement Agreement, including Parcel 7 and Parcel 8; and Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page I of8 WHEREAS, in accordance with paragraph 5(b) of the original Settlement Agreement, the use of the Golf Property is limited to the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on- site residences), storm water drainage retention and detention for the Development Property, effluent disposal and related uses; and WHEREAS, in accordance with paragraph 3 of the original Settlement Agreement, the Development Property shall be developed with single-family, detached residences; and WHEREAS, Parcel 7 and Parcel 8 are designated Development Property under the original Settlement Agreement; and WHEREAS, the Owner and the City desire to amend the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, to provide for the transfer and modification of certain development rights set forth in therein related to Parcel 7 and Parcel 8; and WHEREAS, in general, the transfer and modification of development entitlements include the placement of certain lands (including Parcel 8 and two other small wooded areas adjacent to Parcel 8) into a perpetual conservation easement, the re-designation of certain areas of Parcel 7 as Golf Property, the re-designation of a small portion of Golf Property as Development Property to accommodate the condominium project proposed for Parcel 7, and allowing a condominium project (rather than single-family, detached residences) on Parcel 7 under the terms and conditions set forth herein; and WHEREAS, the Owner and the City also desire to amend the original Settlement Agreement, as amended, for purposes of allowing a 150 foot unipole telecommunications tower (and related ground equipment and related underground electric and telephone lines) on a small portion (approximately 50' x 50' or an equivalent area) of Parcel 8 in accordance with that certain Development Order approved by the City Commission on September 10,2007; and WHEREAS, the City and Owner have determined that it is in their mutual interest to modify the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, for purposes of enhancing and preserving the Tuscawilla Golf and Country Club and the Tuscawilla community. 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 Second Amendment to Settlement Agreement, as follows: 1.0 Acknowledgement. The Owner and City acknowledge and agree that the original Settlement Agreement, as amended by Second Amendment 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 by the Third Amendment to Settlement Agreement, and intend to be bound by this Third Amendment to Settlement Agreement. Third Amendment to Settlement Agreement TuscawiIla Golf and Country Club Property Page 2 of8 2.0 Recitals: Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Third Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County, Florida ("Effective Date"). 3.0 Parcel 7. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 7 shall be as follows: (a) In lieu of single-family, detached residences, Owner shall be permitted to construct up to sixty (60) residential condominium units on the area identified as "Development Area" on EXHIBIT "A." The Development Area shall consist of parcels "B," "D," and "F" which are labeled on EXHIBIT "A." and shall hereinafter be referred to as "Condominium Property." Said Exhibit is attached hereto and fully incorporated herein by this reference. The residential condominium units shall be constructed on the Condominium Property in substantial conformance with the conceptual plans and elevations approved by the City Commission on September 10, 2007 (Regular Agenda Item 601) ("Condominium Conceptual Plan"). The Condominium Conceptual Plan is hereby fully incorporated herein by this reference, and shall be kept on file at the Winter Springs' City Hall. Owner agrees to diligently pursue the permitting of the sixty residential condominium units. In addition, the City agrees to process permit applications for the residential condominium project in good faith and agrees not to unreasonably withhold permit approvals. The following restrictions shall apply to the proposed residential condominium project: (1) Short term transient rentals of the condominium units on the Condominium Property shall be strictly prohibited. In furtherance of this restriction, Owner agrees to deed restrict the residential condominium units and provide that the rental of any of the residential condominium units on the Condominium Property for a period of less than one 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 restriction shall be a condition of final engineering approval by the City. (2) The City acknowledges that the Condominium Conceptual Plan requires that one battery of tennis courts (aIkIa two tennis courts) currently located on Parcel 7 be relocated elsewhere on Parcel 7 at a location near the club's current tennis court facility. However, in conjunction with this relocation, Owner agrees to construct an additional battery of tennis courts on Parcel 7 at a location near the club's current tennis court facility. At least one of the two new batteries of tennis courts shall be constructed and made ready for play before the relocated tennis court is discontinued for play and demolished. (3) All purchasers of the residential condominium units on the Condominium Property shall receive membership (minimum tennis level membership) at the Tuscawilla Golf and Country Club for purposes of satisfying the City's recreation level of service requirements under the City's Comprehensive Plan. The tennis membership shall permit the condominium unit owners to use the recreation amenities at the Tuscawilla Golf and Country Club (e.g. pool, tennis courts, golf course, and gym facility) under membership terms, fees, and conditions established by the Tuscawilla Golf and Country Club. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 3 of8 (4) Unless otherwise approved by the City Commission, Owner shall construct a decorative brick wall along the entire property line adjacent to Winter Springs Boulevard in a manner and height similar to the other decorative brick walls along said boulevard. (b) The Owner and the City acknowledge that there are wetland, floodplain, and floodway mitigation issues on Parcel 7 which must be satisfactorily addressed in order to permit the sixty residential condominium units to be constructed. 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 floodplain and floodway, as said areas are defined by law. For reference purposes only, the location of the floodplain and floodway is generally depicted in the Condominium Conceptual Plan. All such encroachments are subject to review and approval by the City and FEMA. Owner shall submit such engineering data that is necessary to satisfy the City and FEMA. If the City requires the services of an engineering consultant to review the engineering data submitted by Owner, Owner shall reimburse the City for all such services. (c) The portion of Parcel 7 identified as parcels "A," "C," and "E" on EXHBIT "A" (the area excluding the Development Area which generally contains the existing tennis courts, swimming pool, and gym facilities and creek area) shall hereinafter be deemed Golf Property under the terms and conditions of the Settlement Agreement. 4.0 Parcel 8. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 8 shall be as follows: (a) In accordance with Paragraph 5.0 of this Third Amendment to Settlement Agreement, a telecommunications tower shall be constructed on the area legally described on EXHBIT "B." ("Tower Site"). Said exhibit is attached hereto and fully incorporated herein by this reference. (b) No later than thirty (30) days from the Effective Date, the Owner shall convey to the City, and any other third party designated by the City, a perpetual statutory conservation easement over, under, and upon that portion of Parcel 8 currently owned by Owners. Said portion of Parcel 8 is legally described on EXHIBIT "C." which is attached hereto and fully incorporated herein by this reference. The conservation easement shall be granted under the provisions of section 704.06, Florida Statutes. The conservation easement shall be in a form deemed acceptable by the City Attorney. The conservation easement shall generally provide for the preservation of wooded areas (as depicted as shaded areas on EXHIBIT "C"), and shall permit the Owner to use all other parts of the easement area for the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on-site residences), storm water drainage retention and detention, effluent disposal and related uses. Additionally, the conservation easement shall permit the construction and operation of the Tower authorized under Paragraph 5.0 of this Third Amendment to Settlement Agreement. Owner shall be responsible for having all mortgages existing at the time of the conveyance of the conservation easement subordinated to the easement. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 4 of8 (c) The Owner and City acknowledge that a small portion of Parcel 8 located in the southeast comer (parcel Id. 3l-20-31-5BB-0000-OllA) is not currently owned by the Owner. ("Parcel 8 Remainder"). However, Owner acknowledges that Owner currently leases the Parcel 8 Remainder and may acquire it in the future. If Owner acquires fee simple title to the Parcel 8 Remainder, Owner agrees to convey to the City a conservation easement over, under, and upon the Parcel 8 Remainder in the same manner provided for in subparagraph 4 (b) above. 5.0 Telecommunications Tower. (a) Pursuant to the terms and conditions of the Development Order issued by the City Commission of Winter Springs, dated September 10, 2007, a unipole telecommunications tower and related ground equipment shall be constructed on the Tower Site. The Owner shall be permitted to grant ancillary access and utility (electric and telephone lines) easements under and upon the Club Property for purposes of serving the Tower Site. No other development shall be permitted on the Tower Site other than the development authorized by said Development Order. The Owner shall be required to maintain a two hundred foot (200 ft.) perpetual buffer area of trees and undeveloped land around the Tower Site. Said buffer area shall be measured as a radius of two hundred foot (200 ft.) from the center of the Tower Site. Should the use of the tower and related ground equipment and utility lines be discontinued for any reason, the tower, equipment, and utility lines shall be removed by Owner within three (3) months of discontinuance. 6.0 Additional Conservation Areas Adiacent to Parcel 8. In conjunction with the conservation easement granted to the City pursuant to Paragraph 4 (b) of this Third Amendment to Settlement Agreement, the Owner agrees to include as conservation land the two areas adjacent to Parcel 8 which are legally described in EXHIBIT "D." Said exhibit is attached hereto and fully incorporated herein by this reference. 7.0 TLBD Beautification Supplemental Contribution. In addition to any special assessment imposed on the Club Property as required by the City's Tuscawilla Lighting and Beautification District, Owner agrees to contribute to the City an additional Twenty-Five Thousand and No/100 Dollars ($25,000.00) to be used for District beautification purposes. Said contribution shall be paid to the City in two equal installments. The first installment shall be due at such time that the City Commission approves the final engineering plans for the Parcel 7 residential condominium project. The second installment shall be due within one (1) year from the date that said fmal engineering plans are approved by the City Commission. 8.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 9.0 Development Permits. As required by City Code and other applicable law, Owner acknowledges and agrees that any development of the Golf Property, Development Property, Tower Site, and Condominium Property will require Owner to apply for additional development permits from the City and other government agencies with jurisdiction over said property. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of the Settlement Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 5 of8 Agreement to address any particular City, County, State andlor Federal permit, condition, term or restriction shall not relieve Owner 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 Owner is in breach of any term and condition of the Settlement Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor A TIEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Third Amendment to Settlement Agreement TuscawiIla Golf and Country Club Property Page 6 ofS Signed, sealed and delivered in the presence of the following witnesses: REACT LAND, LLC, a Florida limited liability company By: , Member/Manager Signature of Witness Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, , as Member/Manager of REACT LAND, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 7 of8 Signed, sealed and delivered in the presence of the following witnesses: WINTER SPRINGS GOLF, LLC, a Florida limited liability company By: Signature of Witness , Member/Manager Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2007, , as Manager/Member of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: _ EXHIBIT LIST A. Legal Description of Parcel 7 and related subparcels. B. Legal Description of Tower Site Property. C. Legal Description of portion of Parcel 8 owned by Owners (excludes Parcel Id. 31- 20-31-5BB-0000-OIIA owned by Tuskawilla Investors, Inc.). D. Legal Description of additional Conservations Areas adjacent to Parcel 8. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 80f8 Date: October 2, 2007 The attached was distributed by Attorney Anthony A. Garganese during the discussion of Regular Agenda Item "600" at the October 2, 2007 City Commission Special Meeting. F:\CH02\Final'-dse_CHD2 FINAL 8ASE,dwg,9/20/2CO- "9 PM III -m ~i50 O~_> ~~~~~ ~p~ ~ ~ I~~ ~ ~ ~~~=f ~0 :I'f IIf I III i I !l!! i iH Z ! II i Iii llh ~... "Ii 11 ill I lit f }! I; .f II IJ Ii ~ il . 2 ~ iia ,,2 ~ il . 2 iii ~~ ..< ~2l~ !% .' ~3 I:J III S ~ ~""11lj :-let'- gJg;o Cl)h"'tl ]~S: _r-Ill ~~~ .CI) ~ -l ;nrnlll o~X 3!CI)::t ~ OJ - -l ~ tn ('I or;rol ffil~ ffi ~11J.1~.1 ~fii2~~: ;; ~~~S ~-~~~g I I:' ~i I~,~I L.tl.U':i L_____ "t,,, :,. 't_-de ~~ ..;;~--- :~ '~~" *c ';I'.Y , , , \ 7 \~t.'.' ~ I d ( I ~ "_1"-> - I ><<XX 'xX X ~ ~:' --.....~.- j -".,( Xi ^ X V Xx r --,Ix )< X XX ~ >< I ' P<~ X " X .J<i~: ;y X . /')< -.l'- ,,'- 'X.J<x ~x x x ,,,:,:,)< X i'"X x..fx.J'- ^ ~ V ;:~ x, ; VY "X' >< x. ^ x rx-X >(; xx x.. X x^x'X', x x IX ~ >V'x ~ 'X X ", X y Vx '^x. X XJ.~-, >fV<x X, " >< ~ "\ "" ~'X'X XX ':;X,' -;XXX xXX ~ -X - ,f , X'><- Xx )<x.:x >< ")c Xx X :~ . i , )<>< 'V X )'-' X >Y<x -X, ~ t. ' :i It>< >- '" y x x ~, /< ,><-'X "X\ "r I :>..I.. '" '^.)< ~ X -x'X x](.~ II ,,' ~ ~ <'::'Y...X~ Yx~ '_ x;..{'. ._"'~", J ~~)( XrX ...r~' t ""'. y x 'X ,.. .-.K. .. '-<:.'~V)<<.~' '- ~f)< ^ .", ~~~~"f 'Sx .?X)<X' " Xl X X)' 00x~Yy, ~ ~ ; ~a,,~ , .Ir;,> .G) '10 rr :,' ~~ ~t ,'\ ~f~ ~~ <10 ., ,~ ,,' ~ :J f. ~ .;: ;:~i 'mlbo. . '- ',; ,~ ..~; "'? :. ~ ~ ~: r '.'..' 4.f (~ J;... !>.' '. :),J ~ ~ I ~CI)h"ll rnc:o:t> ""OJ 0:0 ""-<rno eJi10111 ~O~-n r-~rn . 00:'> rn:b- iii:o 5~ ~ OJ r- rn h :0 ~ h ~ o ;:: ~ --< '" eJ ~ r- h :0 ~ --;00 OG) ", "'0 d~~~G)~ d~~ ~rn ~:O:O:OOr- ~:o:o,...o r-~~~rno r-~~ 00 r- r- r- "tJ r- r- "tJ ni 0 :.: 00 S:", c:i oj s:", ~ . . . .. C/) ~t~::~; !:~~;", ~~~~CI):b. ~~::g:b.-i h:b-h:b-"'::o hhh::OO 0000 ~ 000 ~ '" 6 '" " h o ,,0:10""" ~~:...~ 4!r.......,l\,)1\:l ~O)~o b:b-:b-:b- Pf'00 , .. , ~~~ ;, t.: Ii:! t'..i { -\~~ ~t J~ II ~I , " " - ~ ....~ ~ ~ l~ ...:l'E' g._!.~ __-:)-I-l,>--- I ___ - __ - _. ___ - - - ... ______1 f " " ~ " (t\ r- ~ Q.... I llii 11 ill it Ili it 111 it iH N ili it 11(11111 li IN 11 iN 11 Iil I illl THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 ~rlando, FL 32802 (407) 425-9566 Mi~RYlaNNE MNJR'aE~! CLEHK i~ CYRCUt f CUUR7 Si~~IINtIIF Cl~1~fY PK t~8~E31 l~qs 035 - 2701 t;3bpgs) CLERK'S # 2U~371E~&~38 RECURDED 1~i{?5/2007 12eG4t53 RM Rf:ECi]RDINti FEES x{17. Stl R~C[lNUkU NY L MrKinl>zy FOR RECORDING DEPARTMENT USE ONLY THIRD AMENDMENT TO SETTLEMENT AGREEMENT THIS THIRD AMENDMENT TO SETTLEMENT AGREEMENT is made and executed this Z~ day of ,,~1.~UJ~~.- 2007, 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 REACT LAND, LLC, a Florida limited liability company and WINTER SPRINGS GOLF, LLC, a Florida limited liability company ("Owner"), whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08831. WITNESSETH: WHEREAS, this Third Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at Book 3102, Page 1354 ("Original Settlement Agreement"}, as amended by that certain Second Amendment to Settlement Agreement, which is recorded at Book 3146, Page 0454. 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, this Settlement Agreement is related to certain real property located in Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club ("Club Property"); and WHEREAS, as the current fee simple owner of the Club Property, Owner is the successor in interest of that certain Settlement Agreement, and WHEREAS, this Third Amendment to Settlement Agreement affects a portion of the Club Property, primarily Parcel 7 and Parcel 8 and several small areas of Club Property, which are legally described on Exhibits attached hereto; and WHEREAS, the Settlement Agreement generally defines two categories of property, "Development Property" and "Golf Property," for purposes of specifically listing the uses that are permitted on all the property referenced in the Settlement Agreement, including Parcel 7 and Parcel 8; and Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 1 of 8 WHEREAS, in accordance with paragraph 5(b) of the original Settlement Agreement, the use of the Golf Property is limited to the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on- site residences), storm water drainage retention and detention for the Development Property, effluent disposal and related uses; and WHEREAS, in accordance with paragraph 3 of the original Settlement Agreement, the Development Property shall be developed with single-family, detached residences; and WHEREAS, Parcel 7 and Parcel 8 are designated Development Property under the original Settlement Agreement; and WHEREAS, the Owner and the City desire to amend the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, to provide for the transfer and modification of certain development rights set forth in therein related to Parcel 7 and Parcel 8; and WHEREAS, in general, the transfer and modification of development entitlements include the placement of certain lands (including Parcel 8 and two other small wooded areas adjacent to Parcel 8) into a perpetual conservation easement, the re-designation of certain areas of Parcel 7 as Golf Property, the re-designation of a small portion of Golf Property as Development Property to accommodate the condominium project proposed for Parcel 7, and allowing a condominium project (rather than single-family, detached residences) on Parcel 7 under the terms and conditions set forth herein; and WHEREAS, the Owner and the City also desire to amend the original Settlement Agreement, as amended, for purposes of allowing a 150 foot unipole telecommunications tower (and related ground equipment and related underground electric and telephone lines) on a small portion (approximately 50' x SO' or an equivalent area) of Parcel 8 in accordance with that certain Development Order approved by the City Commission on September 10, 2007; and WHEREAS, the City and Owner have determined that it is in their mutual interest to modify the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, for purposes of enhancing and preserving the Tuscawilla Golf and Country Club and the Tuscawilla community. 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 Second Amendment to Settlement Agreement, as follows: 1.0 Acknowledgement. The Owner and City acknowledge and agree that the original Settlement Agreement, as amended by Second Amendment 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 by the Third Amendment to Settlement Agreement, and intend to be bound by this Third Amendment to Settlement Agreement. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 2 of 8 2.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Third Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County, Florida ("Effective Date"). 3.0 Parcel 7. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 7 shall be as follows: (a) In lieu of single-family, detached residences, Owner shall be permitted to construct up to sixty (60) residential condominium units on a portion of Parcel 7 identified as "Development Area" on EXHIBIT "A." The Development Area shall consist of parcels "B," "D," and "F" which are legally described in COMPOSITE EXHIBIT "B," and shall hereinafter be referred to as "Condominium Property." Said Exhibits are attached hereto and fully incorporated herein by this reference. The residential condominium units shall be constructed on the Condominium Property in substantial conformance with the conceptual plans and elevations approved by the City Commission on September 10, 2007 (Regular Agenda Item 601) ("Condominium Conceptual Plan"). The Condominium Conceptual Plan is hereby fully incorporated herein by this reference, and shall be kept on file at the Winter Springs' City Hall. Owner agrees to diligently pursue the permitting of the sixty residential condominium units. In addition, the City agrees to process permit applications for the residential condominium project in good faith and agrees not to unreasonably withhold permit approvals. The following restrictions shall apply to the proposed residential condominium project: (1) Short term transient rentals of the condominium units on the Condominium Property shall be strictly prohibited. In furtherance of this restriction, Owner agrees to deed restrict the residential condominium units and provide that the rental of any of the residential condominium units on the Condominium Property for a period of less than one 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 restriction shall be a condition of final engineering approval by the City. (2) The City acknowledges that the Condominium Conceptual Plan requires that one battery of tennis courts (a/k/a two tennis courts) currently located on Parcel 7 be relocated elsewhere on Parcel 7 at a location near the club's current tennis court facility. However, in conjunction with this relocation, Owner agrees to construct an additional battery of tennis courts on Parcel ? at a location near the club's current tennis court facility. At least one of the two new batteries of tennis courts shall be constructed and- made ready for play before the relocated tennis court is discontinued for play and demolished. (3) All purchasers of the residential condominium units on the Condominium Property shall receive membership (minimum tennis level membership) at the Tuscawilla Golf and Country Club for purposes of satisfying the City's recreation level of service requirements under the City's Comprehensive Plan. The tennis membership shall permit the condominium unit owners to use the recreation amenities at the Tuscawilla Golf and Country Club (e.g. pool, tennis courts, golf course, and gym facility) under membership terms, fees, and conditions established by the Tuscawilla Golf and Country Club. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 3 of 8 (4) Unless otherwise approved by the City Commission, Owner shall construct a decorative brick wall along the entire property line adjacent to Winter Springs Boulevard in a manner and height similar to the other decorative brick walls along said boulevard. (b) The Owner and the City acknowledge that there are wetland, floodplain, and floodway mitigation issues on Parcel 7 which must be satisfactorily addressed in order to permit the sixty residential condominium units to be constructed. 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 floodplain and floodway, as said areas are defined by law. For reference purposes only, the location of the floodplain and floodway is generally depicted in the Condominium Conceptual Plan. All such encroachments are subject to review and approval by the City and FEMA. Owner shall submit such engineering data that is necessary to satisfy the City and FEMA. If the City requires the services of an engineering consultant to review the engineering data submitted by Owner, Owner shall reimburse the City for all such services. (c) The portion of Parcel 7 legally described as parcels "A," "C," and "E" on COMPOSITE EXHBIT "C" (the area excluding the Development Area which generally contains the existing tennis courts, swimming pool, and gym facilities and creek area) shall hereinafter be deemed Golf Property under the terms and conditions of the Settlement Agreement. 4.0 Parcel 8. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 8 shall be as follows: (a) In accordance with Paragraph 5.0 of this Third Amendment to Settlement Agreement, a telecommunications tower shall be constructed on the area legally described as "tower parcel" in COMPOSITE EXHBIT "D." ("Tower Site"). Said exhibit is attached hereto and fully incorporated herein by this reference. (b} No later than thirty (30) days from the Effective Date, the Owner shall convey to the City, and any other third party designated by the City, a perpetual statutory conservation easement over, under, and upon that portion of Parcel 8 currently owned by Owners. Said portion of Parcel 8 is legally described on EXHIBIT "E," which is attached hereto and fully incorporated herein by this reference. The conservation easement shall be granted under the provisions of section 704.06, Florida Statutes. The conservation easement shall be in a form deemed acceptable by the City Attorney. The conservation easement shall generally provide for the preservation of wooded areas (as depicted as shaded areas on COMPOSITE EXHIBIT "F"), and shall permit the Owner to use all other parts of the easement area for the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on-site residences), storm water drainage retention and detention, effluent disposal and related uses. Additionally, the conservation easement shall permit the construction and operation of the Tower authorized under Paragraph 5.0 of this Third Amendment to Settlement Agreement. Owner shall be responsible for having all mortgages existing at the time of the conveyance of the conservation easement subordinated to the easement. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 4 of 8 (c) The Owner and City acknowledge that a small portion of Parcel 8 located in the southeast corner (Parcel Id. 31-20-31-SBB-0000-O11A) is not currently owned by the Owner. ("Parcel 8 Remainder"). However, Owner acknowledges that Owner currently leases the Parcel 8 Remainder and may acquire it in the future. If Owner acquires fee simple title to the Parcel 8 Remainder, Owner agrees to convey to the City a conservation easement over, under, and upon the Parcel 8 Remainder in the same manner provided for in subparagraph 4 (b) above. 5.0 Telecommunications Tower. (a) Pursuant to the terms and conditions of the Development Order issued by the City Commission of Winter Springs, dated September 10, 2007, a unipole telecommunications tower and related ground equipment shall be constructed on the Tower Site. The Owner shall be permitted to grant ancillary access and utility (electric and telephone lines) easements under and upon the Club Property for purposes of serving the Tower Site, as depicted on COMPOSITE EXHIBIT "D." No other development shall be permitted on the Tower Site other than the development authorized by said Development Order. The Owner shall be required to maintain a two hundred foot (200 ft.) perpetual buffer area of trees and undeveloped land around the Tower Site. Said buffer area shall be measured as a radius of two hundred foot (200 ft.) from the center of the Tower Site and is generally depicted on COMPOSITE EXHIBIT "D." Should the use of the tower and related ground equipment and utility lines be discontinued for any reason, the tower, equipment, and utility lines shall be removed by Owner within three (3) months of discontinuance. 6.0 Additional Conservation Areas Adiacent to Parcel 8. In conjunction with the conservation easement granted to the City pursuant to Paragraph 4 (b) of this Third Amendment to Settlement Agreement, the Owner agrees to include as conservation land the two areas outside of Parcel 8 which are legally described in COMPOSITE EXHIBIT "F." Said exhibit is attached hereto and fully incorporated herein by this reference. 7.0 TLBD Beautification Supplemental Contribution. In addition to any special assessment imposed on the Club Property as required by the City's Tuscawilla Lighting and Beautification District, Owner agrees to contribute to the City an additional Twenty-Five Thousand and No/100 Dollars ($25,000.00) to be used for District beautification purposes. Said contribution shall be paid to the City in two equal installments. The first installment shall be due at such time that the City Commission approves the final engineering plans for the Parcel 7 residential condominium project. The second installment shall be due within one (1) year from the date that said final engineering plans are approved by the City Commission. 8.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 9.0 Development Permits. As required by City Code and other applicable law, Owner acknowledges and agrees that any development of the Golf Property, Development Property, Tower Site, and Condominium Property will require Owner to apply for additional development permits from the City and other government agencies with jurisdiction over said property. Nothing herein shall limit the City's authority to grant or deny any development permit Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 5 of 8 applications or requests subsequent to the Effective Date. The failure of the Settlement Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner 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 Owner is in breach of any term and condition of the Settlement Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. f } ~~~6s ~'. By' ~°~~ - . r~i3d orePf L~~e~s ~~ ~"~ ~'. ~ ~.. '• 'f ~. CITY SEA. 1 `' `~ CITY OF WINTER SPRINGS By: hn F. Bush, Mayor City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: NGrw~. ~'~ Zg~ d"°s` --Z By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 6 of 8 Signed, sealed and delivered in the presence of the following witnesses: l~ ignature of Wi ss Printed Name of Witness Sign re of Witness ~~~~~ d~%,~~ Printed Name of Witness WINTER SPRINGS GOLF, LLC, a Florida limited liability company ~,. i B (jRnoi ~I-r,Q~-Y- -~,~~~~;,,,LMember/Manager Date: i~ (2~1G~ STATE OF ~`~~5~-..~ COUNTY OF~%~1~ o„~~ r~ ~ ~(^_ The foregoing instrument was acknowledged before me this .C~ day of `~~f ~,~., ; 2007, ' ~ ~' istz~' ~hi~~ as Manager/Member of WINTER SPRINGS GOLF, LLC, a Florida limited liability company on behalf of said company. He is personally known to me produced ~ ~i..i'~~'S ~,y~vZ,/!~ as identificatiAn. (NOTARY SEAL) y,~ : ,: . .••` 1Vf~~i~ssion Expires: _ ?p,f's P4 L~ t v L.. . -~'~ . (NotY Public Signature) ~ ~-2x~n,~ ~ l~'Iw'' I ~ l ! ~, (Print Name) Notary Public, State of Commission No.: LEMIA MARINELU Y!JlLIC OF NEW JERSEY Qo~mblb~n Exp~s4/25/2008 Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 7 of 8 Signed, sealed and delivered in the presence of the following witnesses: Sin ure of it s ~~ Printed Name of Witness Sign re of Witness f>r~~~ ~e~`~~~s~ Pnn d Nl~ame of Witness STATE OF t \~' ~'~-'~ COUNTY O~YI~~,.~..~a,C,, REACT LAND, LLC, a Florida limited liability company By ~ ~' ri5 kP~- ~ i~~ember/Manager Date: ~f l Z-~'CG The foregoing ^ instrument was acknowledged before me this O! ~ day of 2007, Stu-l' ~C~~ ''I~Itmbcr/Mana~cr of REACT LAND, LLC, a Florida limit d liability company, on behalf of said company. He is personally known to me or produced~s~x~, °~v;,~ identification. ~ ~ ? ~1.~ n .~. i (NOTARY SEAL) Public f. .\ ., _. ~ 1~ 3~ t_, n i t ~ ., , r (Print Name) Notary Public, State of _ Commission No.: My Commission Expires: LEMIA MAR{HELL{ NOT/4~ PIl6lIC OF NEW JERSEY ~ x/25/208 Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 8 of 8 ¢¢¢¢ EXHIBIT "A" """ V N ' ~ v ¢ v <n ubi ~ r~ o ~ i. rn 0 ~ W ¢ ¢ W W UUV W U(JVU ~ m ~Q rnNN ¢(~~N^~ ¢ a ~W Z o0o Z~ vdv~ 4 ~j w W ¢ U LL l j~mo ao~~~ z w°w° OV~ ~~~ ~~cWicWicWi¢ ~ ~Q~ti ~~ aa° ~~aaa° 2 ~om3 ow wo ~ c~a o~ ¢ a°~z m ¢ ~ ~ W w ~ 2 ~' ~ W J ? a~~ O~~ W ~ z O ~~ ~~~ ~~~ >a 00 ~~ #; 4 1 ~e~ ~~ ~Et ~~ { t ~ ~~1 A ~~~ ~ ~~~ ~~ ~zw =z~~x V ~~".~« Q?~g~~ 0~= W ~ 111 Yld 6s _OpZ10Z/6~~+P'35tl0 ltlNIi ZOVf~ ~P11¢uij1ZOH7\~j COMPOSITE EXHIBIT B (6 Pages) DESCRtPTtON: EXHIBIT "B-1" 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, PAGE5.82-83, 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 8i'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. !n 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 UNE 1. THE SURVEYOR HA5 NOT ABSTRACTED THE OF LOT 10 AS BEING -N65'11'45'W ,PER PLAT BOOK 45, LAND SHOWN HEREON FOR EASEMENTS, RIGHT PAGE 82-83. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE T1TLE OR USE OF THE LAND SKETCH OF DESCRIPTION 2. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT 7HE SIGNATURE AND OF THE ORIGINAL RAISED SEAL OF A FLORIDA PARCEL B LICENSED SURVEYOR AND MAPPER. TUSCAWILLA COUNTRY CLUB DATE: os/z4/o~ ~ -- - R~S~.~~~ - - A M E R {CAN ~- SCALE: N/A S S U R V E Y I N G APPROVED BY: GJS 8CM A P P I N G I N C. CERTIFlCATION OF AUTHORIZATION NUMBER LB~/6393 ~ //1 ~, JOB N0. 7D7090150D.DWG 1030 N. ORLANDO AVE, SUITE B ,~ ~ ~ ~- c U'l j WINTER PARK, FLORIG.A 32 /H9 GEPv~L J. STUkh{~Jfv, ESN! ,866 DRAWN fiY: SCS ---- (4,') 426-7979 R~_~_ - ~` ~- WWW.AMERICANSURVEYINGANDMAPPINC-coM DATE: H:120D7170717070901 TUSCAWILLA COUNTRY CLUB1dwp17070801 PARCE A,H,C 8 D8F SOD.dwp, 101BQW7 0:01:07 AM, eshugaon, 1:80 Y n n ~ ~, II o o~ ~ a rn v m '~D D ~ O p ~',1 [" n ° Ul p ~ C O y c f O EXHIBIT "B--2" N ~ ~ W m ~~ Z ~ ~ N ~ w c ~ ~0' ~Ov O~D• ~ O ~ ~ ~` ~ ~ N ~~{ w V O ~ , ~ C~ mi Q~ 0 ~i F-LI x A O 1 ~ ~ F-I ~ ... r ~ m ..o ~ v ° ~ ~ " N23 y. ~ r CrJ g y N ~m ~~ R=1 N --I O ON N O v n O z 0 m~~D ~ ^ n ~+' a zwz ~?~ D C $~°'~~~ N~~A -0 o Z >~~ ~ln y Z ~~m -D ~m~ z Z ~', l J ~ L N lJV/ w 0 . 1 ~ O~ o ~~; m' m rn ~• c~ -- -- -- Z -- -- z z w o, w m 1 s 1 ~ ~ ~ 5 = v IV N x ~ -rOi ~ r ~ ~ ~ a ~ Z O m v ~ ~ ~ to O ' ~ ~ ~ C ~ ~ ~O ~ i $ ~O Z -~ ~ ~ ~ ~ ~ O ~ y _ ~ m~_~m O° ~° ~ ~ -~iv a n Z ~ C m~ m ~ - A D ~ s ~ " ~ a ~ ~ m~ m~ . ~ N ~O GV \~~ W = oy ~.~ p Fok .~ ~ CSC ~ SOT ~. .\ Akl(G ~ AT ss ~. j oy ~~~` pGTe ~sG ~~. / F(~q~~ ( . Qqr~ pqR ~~~ ~ py'~H pAR T ~~ ``~ tg p C, ~. pq ~ poATTt, \~~. A~eo ~ Cfs g T BO 3CA~ ~ ~ ~.~ z.83 ok as CC,q / C~ ~~ ~9 ~~. ` J ~ TO 1 ~ n °c {~ ~mv ~ ~ C7 -~.. I O •. DESCR1PTi0N: EXHIBIT "B-3" 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-61 G17-6 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 50UTHERLY 1. THE SURVEYOR HAS NOT ABSTRACTID THE LINE OF TRACT A AS BEING N65'11'45'W, PLAT BOOK 45, LAND SHOWN HEREON FOR EASEMENTS, RIGHT PAGE 82-83. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE T17LE OR USE OF THE LAND SKETCH OF DESCRIPTION ~ 2. "° IMPRDVEMENTS HAVE BEEN L°CATED. 3. NOT VALID WITHOUT THE SIGNATURE AND OF THE ORIGINAL RAISED SEAL OF A FLORIDA PARCEL D LICENSED SURVEYOR AND MAPPER. TUSCAWILLA COUNTRY CLUB _....---as/24/o7 ' -- - DATE: ~~~~~~~. ,-~~-~~ REVISED: AMERICA N SCALE: N/A S L U R ~/ E Y I N G G,iS APPROVE 8cM A P P I N G I N C p BY; . CERTIFlCATION OF AUTHORIZATION NUMBER LB 6393 7070907SOD.DWC JOB NO # 1030 N. ORLANDO AVE, SUI?` B ,_~-~ 1©-- ~~-~""~ . WINTER PARK, FLORIDA 3z7ri~ - ~GENEL J. STURG PSM 5866 # DRAWN BY: SCS __ (4D7) 428-7979 WWW.AMERICANSURVEYINGANDMAPPING.COM DATE: H:V20W17W17070901 TUSCAWIW COUNTRY CtUBldwpl7070B01 PARCE A,B,C 6 DBFSOD.dwp, 10!6/2007 X0202 AM, aWrpeon, 1:60 S 0 r n II ~ O H m ~ D y ~~ Z O ' ' o ~ ° { 0 o ~ N p ,-~G O A ~ ~ i o J !/1 Vl U1 N Y m m U m ~ i _ - ~ ~o O N .Z1 ~ N m v p ~ 0 y A Z ~, 0 o ~ o ~~F--~~-~II W H a trJ O ~~~~ ~ ~ / ^ D U!` Z W Z ~_~ D $~°°' ~~~ ~~z~ _ ~ ~ ~~o~ -0 mvD~ Z ~ ~} m >!5Z U! \ / u+cZ Vl / m m ~m~ i ~~ W~ EXHIBIT "B-4" 0 ~ Z mD~~ $c~i~0 ~1~ N ~ p O r~ ~F~DO~ ' ~ Z m `''v !~ ~o ~~. ~ m .,~. „~. ~ a ~ O Cb S ~ -, $ 00 N ~~o V ~ ~ Jim ~ ro N ~~ ~ ~ W~ mZ m W =' N ~ N j (Q C N ~ 1 -o O Z -- O ~ m m ~ ~ ~ Z $ ~ ~o 5~ x ov ~~O -i D Z ~ ~~ mg 0 1 Z J ~ tS ~ ~ ~~ ~ m -- -- z 00 C~Ti 5~ ID y °o .11 U ~~ ~~> m~ N F 4 'D .~O _\~\ D ~~ m ADO ~~` ., ,, ~~ ~Ox SOTS ~~~~ 9 ~ ~ ~ 4 ~F ~ Py S fq p'~C ~0 ~~ `pACf 8p ~'C, / ~~ PACfSp~T@ CSC \\~~ ~ ~~\ 87~e3%4ly ~~` / ~ ~ S, ~' / ~~ ~~ ~~Ty ~~~ ~ `~ _.. ^v JJ /\ ^~ I 2 n O ~ T ~~ '1 g m C r Q~v t ~•/ J W i~ ,~ 7® • ~ EXHIBIT "B-5" DESCRIPTION: 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 SEC110N 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, PLAT BOOK 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 I, 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 50UTH 23'12'11" WEST, A DISTANCE OF 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11" 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 116.55 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 WHICH BEARS 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. !n accordance with CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT ~A SURVEY. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF TRACT A AS BEING N65'it'45'W, PER PLAT BOOK 45, PAGES 82-83. SKETCH OF DESCRIPTI PARCEL F TUSCAWILLA COUNTRY CLUB DATE: 10%4/07 REVISED: SCALE• N/A A?F'KG'~G BY: GJS---- __ - JOB N0. 7070901 DRAWN BY: SCS AMERICAN S U RVy i~Y~-+I N G MAf ~~NV ~N~r. CERTIFICATION OF AUTHORIZAT;ON NUMBER LB~j6353 1030 N. ORLANDO AVE, SUITE B NANTER PARK, FLORIDA 32789 (407) 426-7979 WWW. A M ERICAN SU RVEYIN GANDM APPIN G. COM SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH 1. THE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS, RIGHT OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TITLE OR USE OF THE LAND 2. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS DOCUMENT CONSISTS OF 2 SHEETS. GENEL J. STU ON, PSM 866 DATE: M`'~~z~ s 3 _,~ ~~ ~° 0 N O ~. m 3 N~ ~~ z~ a~ sZ S • .~ L L_~ ~"'~ v / U W } Ia. Q ~~ ~V a~ O U r v J w N Oa M .d tp O ~ DD O~N~~f N~rCAZ Nj•aN-~~ ~~¢ow U' F-~-'m ~JCUU EXHIBIT "B-6" 3 O ~ n t0 OI w 0 N F Zm o~ } W 7~.'i d~ a~ m=a ane a ri O~~Y ~ O m N ~ H H M C as 3 Z ~ :~} 00 00 ,SL'SZ l M „L 1,ti0.00 S z M y ~~N~ 8 Ze .[D~ k s ~~ ~~~sd 'sa ~lj 1d~8 ~~ oyyd yha ~~ ,8Z'89 L M .,BS,£Z.00 S S Z N ,i~9'£6 L 3 „£ti,9Z.00 N ,98'£8 4 3 ~8£,~bZ.00 N~ 55.9~~ W 3 „9~,9 L.00 N O 8£ 39Vd 'l H008 ltlld ~ HLf1D5 '1NV2q JNf10A '21 dlllHd ,~D laVd 1Stl3 3H1 r r 9 lOl tr0 r Z ~~. ,~ °~' o~ oh "< x a 3 ~. ~ y^~ ~ ~ o ~ w ~ «a 2~O man W J Na ~~ Z ~a m~Na ~~v~ °a~Y O ~ am ~°m ~~a W2H ~ '''~g O U ~ a ~ - ~ o ---- Z_ Z Z C9 w m w O H O 8 d. o a ~ U m w i ° 0 w N N~ ~ C ~ ~ U ~ '- ~ N ^u j: m n 0 n N N W ~ ' ~ , m F~ ta ~ ' a ~ Z a w u=i vwi v v"i a ¢ m ~ v w M ~,~9Z6~ ~ ~ ~ ~FZ S r ~^ ~ 4 N N J 4 H~ ~~ _ ,~ a r-a c~ O Z (7 ci Z z gmWmz Q ! 3 F N i U~ z~"~ ~ V = an° Z F~o~~ ~ W a ~Z~~~ ' ~5~~~ a~ aoa~z i( pz~j"a ~~~ ~°Z ~ LLL ~~# Q/ (~yy~ F ~1! g COMPOSITE EXHIBIT C (8 Pages) EXHIBIT "C-1" DESCRlPT]ON: A PORTION OF LOTS 4 AND 9, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, IN 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 SOUTHERLY LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA, PHASE I, 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 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11" EAST, A DISTANCE OF 8.04 FEET TO THE POINT OF BEGINNING; THENCE NORTH 81'48'42" WEST, A DISTANCE OF 201.91 FEET; THENCE NORTH 00'01'24" EAST, A DISTANCE OF 570.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD; THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD SOUTH 89'58'36" EAST, A DISTANCE OF 330.99 FEET; THENCE DEPARTING THE SOUTH RIGHT OF WAY LINE SOUTH 00'26'43" WEST, A DISTANCE OF 193.64 FEET; THENCE SOUTH 00'24'38" WEST, A DISTANCE OF 183.86 FEET; THENCE SOUTH 61 °13'03" WEST, A DISTANCE OF 11.74 FEET; THENCE SOUTH 00'15'46" WEST, A DISTANCE OF 116.55 FEET; THENCE NORTH 89°44'14" WEST, A DISTANCE OF 75.19 FEET; THENCE SOUTH 23'12'11" WEST, A DISTANCE OF 107.95 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 4 BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE 1. THE SURVEYOR HAS NOT ABSTRACTED THE OF LOT 70 AS BEING N65'11'45'W, PER PLAT BOOK 45, LAND SHOWN HEREON FOR EASEMENTS, RIGHT PAGE 82-83. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TITLE 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 DF A FLORIDA PARCEL A LICENSED SURVEYOR AND MAPPER. TUSCAWILLA COUNTRY CLUB ~.~.~ ~ DATE: 09/24/07 ~"~~~~~. ,-`~-~, REVISED: AMERICA N ~ SCALE: N/A J' U R V E Y I N G J GJS ~3cM A P PIN G I N C. APPROVED BY: CERTIFICATION OF AUTNCRI7_AT1CN NUMBER :85393 ~ j 707D907SOD.D1'!G 1030 N. OY.'~ANGO AVE, SL"; `t E ~/~~_/ ~ s ~L~~~"'c7 - JOG N0. - VANTER PARK, FLCRIUA 32789 (ao7) a2s-7s7e #5 GENEL J.` STU EUN, PAS ~ SCS DRAWN BY: WWw.AAAERlCAN5l1RVEYINGAN061APPING_COA1 DATE: EXHIBIT "C-2" ~~ MATCH LINE A ^~ N t7 Z ~ ~1 OD o i a D H2,3y? ~' y s~ ~ f ° ~ ~~~ ~ ~ m o= oow ~ r of ~ N p ~, ty f--1 a ~0 4TI O II ~~ ~ ~ ~~~ ~ ~ ~ d~l~ o a~ v O H ~ 5 ~pv Z v ~ m C y Z ~c~+ ~ pO a O ~ 7f A p L J ~ "~ O m a ~ ~, z w rn ~ 0 °° ~ S23y . i 69, 6~7•W c a V ~y ~~ a °m v a a ~ o -- -- -- -- -- m ~ ~ ~ o W { .Ji om o, N m W coi fpo ~ °- ~ ~*t N p p O ~ Vl v N N -y! v = rn a _ ~ ~ V RI N '~ 0 5 -°n o -~ m rn o ~ W ~ 5 ~ ~i p m rn ~ .. y cn ~~---------------- 'o ~ Z C ~ '~ ocAiZO m ~ N ~ i ~ n'a ~ 1~ a °° ~ ~ o ~y~0 ~ gy ~ r Z ~ ~ of m ~ ~~-r~n'~ ~ 'a n1mi~°Z ~ ~2C mo~ ~ D _~ ~ ~~~ ~ U/ m Z "~'~ a ~ w~ V/ ~ a • two ~ ~ v a m ~ Z~o DC~ ~° ~. N~ ~. i~~c~~i ~ O FO,~. ~~~\ m ~ z o ~ C/ ~~'lll/// ~Sp p',W~ Cp ~ ~m o~p /z~ ('~ ^ ~ ~'~~,,,,~~ ~`` (,418 QS~ p ~~~\ ~~DNZ Ul \/} ~ py~ApARl~~~~~ ~f49p G ~.. i NSc "{ ~ ~~ ~Al ~~` A~•80 ~ ~+~ m _ D ~~ pA pf.41 R/S ~ fOm~ _ ~ ~\` ~SB2`~~0~ ~ ~ ~ Z ~ ~J ~ ~ L ~ SOT 9 ,, ~i ^ ~ \ w ` J (1 co V 1 w 3 [~ x C m 0 v / ^~ ` J n ~ TO 1 n ~ cR ~a TQ n r,'^1 m lV^J' ``~I N T~ V O Z ,, m v 1 v ~ ~ _ o ~ X A O tD D C Gf ~ m ~o 1 a -i _~ N A _~ O Z y m v D > -I O ~ ~ +i ~ m .~j m ~ N ~ n °m ~ °- \ Z y ~ ~ C Z Oy ~ J Vl y Z o ~~ ~ v ~ ~O ~~ ~ a a' 5 '~' m '~ o ~ O N Q .~ O Z ~~~D .~ a ~~ z~°z y~y?~ TD' ~l z V:UOC x~~ A ZO /- T ~ O ~ \ ~ oCD~ 1/~' ~DmZ ~ ~ \/ u z m"~m _, v~~ ~m~ ~~ZZ u /1 u ' ~1 EXHIBIT "C-3" N00'Ot'24"E z m n I f I 1 m N I N ~ m -i 'o ~ 5 = I ~ C ~ ~ 7C ~ O 1 -- - - a ~ z ~ c~ ,~95' ~ ~ w a p g I z 1 m Z y ~ v w i ~ ' D _ -0• 70 1 I V ~ ~ ~ I I jf ~ S00'15' "W i 16.55' ~ , I I ~, s v ~C ~ TO 1 n ~ °c ~ D Q -C r C l n m ~+ T~ V O Z • ~ C z m m 0 O -' ,( ~..a N ~ ~~ ~ n o ~y ~ 7 H y n n ~ ~, .... O H ~ v ~ 0 EXHIBIT "C-4" ~ ~ ~ A D o Z > - ~-11 O m 0 :< J n O ~ m ~ p A O t/1 p ~ v fA t~lf N U O m R 1 R = R -I C O~ T a D ~~~ ~~ ~ ~ ~ v, ~ ~ ~ H boo ZoZ ~ ~l ~z° D II -ly ~ ~ 7 A 1 ~ o T/~ l 1 ~ T ~' V N~ U ~ ~ - p~. 1 D ~O Ss V D.S'~ Z n to Vl Z V' V ~~ ~W~ 7 ~ ~ ~i ~ `--- 0 a D C Z m 0 z -o z O ~/ J ` J N O 8~ >4 m `TI 'TV V O Z EXHIBIT "C-5" 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 50UTH, 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, PHASE f, 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 52.04 FEET TO THE POINT OF BEGINNING; THENCE NORTH 81'48'42" WEST, A DISTANCE OF 87.04 FEET; THENCE NORTH 23'12'11" EAST, A DISTANCE OF 20.89 FEET; THENCE SOUTH 67'55'28" EAST, A DISTANCE OF 84.08 ,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 5EE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY 1. THE SURVEYOR HAS NOT ABSTRACTED 7HE LINE OF TRACT A AS BEING N85'11'45"W, PER PLAT BOOK LAND SHOWN HEREON FOR EASEMENTS, RIGHT 45, PAGE 82-83. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TITLE OR USE OF THE LAND SKETCH OF DESCRIPTION Z. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND OF THE ORIGINAL RAISED SEAL OF A FLORIDA PARCEL C LICENSED SURVEYOR AND MAPPER. TUSCAWILLA COUNTRY CLUB DATE. 09/24/07 REVISED•y, AMERICA N SCALE: NSA S L U R ~/ E Y I N G APPROVED BY: GJS 8CM A P PIN G I N C. CERT1FfCAT10N OF AUTHORIZAliON NUMBER LB/j6393 ~ n 7G709G150D.DWG 1030 N. ORLAN00 AVE, SUITE B /~_~~ ~, %D- LI °L~ J09 N... WINTER PARK, F:.OP,!4A 3278E -'~ G~NEL J. STUB ON, ~'SM X866 BRAWN BY: SCS (407) 42s-is7s DATE: ~ ~ WWW. AM ERI CAN SU RVEYIN GANDMAPPI NG.COM H:@9971707p970901 TUSCAWILLA COUNTRY CLUSIdwgV07D991 PARCE A,B,C 6 08F SOD.dwg, l9fB/Z9W B'01C.~9 AM, mw~¢ew~, ~:ao 0 O 'I1 ~ N rj' ~ tf~ pW FF~-~~i L ~ ~ F- I H / ~ l 1 ~I ~ O H ~ ~ v / ~ l 1 r t~ 0 a m ~ cu'i >° ~ Z 0 o ;c o ~ n' n VJ m { ~ p ° p O N ~ m x v mm _ -mi ~~ O N ~ 5 N N Z ~~~D ~ (~ zuz o _~ZO TD $aOD V ,~~zo m ~ON '- ~ - pss> Z V Di'~~ I Z w~~ _D V ~~ m m _ ~~~ zZ ~n Z w ~' • ~ EXHIBIT "C-6" ~PP ~ ~ [*~yZ ~YY-o~~ o~~o xD~~t ~~°O r ~~~~ ~~~z W= 3 m Z Z N W O 00 N co ~ ~TTi ,'1 Z "Tl m Z Z Z N N _~~~_________~__ Z v~~ S~ ~O~ ~~~ H ~ys s N w• . ~ -. \ . x r ~ . ~ . ` o (or ~~ ~'SC e . g ~ y ly Ar S9 ~. / ~~. P(qT ~fL~, ~~. / (p ~~~ 4g P h~ PygsF P'9Ro ~o ~~~ A~f 80 / \~~. PgCfS~'1T@ CSC `~~. / ~. / ~. / CpT ~.` / 9 ~ / ~.~ ~~. m N -i O 5 '' ~~ 0 ~ JC ~ p 1 j ~ m D C Z 47 W ~ p ,-I N °c m m 'O 5~ 1= o v r x ~ -~i ~ ~ ~ a ~ ~, Z m ~ w ~ a 1 g a C7 ~ _ D n ~ n g ~. ~° ~ /~ C l n W v s J~ Z • ~ EXHIBIT "C-7" DESCRIP?70N: 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 aa•a4'17" 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 ANON-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 BEARS 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 01'02'05" EAST, A DISTANCE OF 114.88 FEET TO A POINT OF CURVATURE OF ANON-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-61 G17-6 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 1. THE SURVEYOR HAS NOT ABSTRACTED THE OF TRACT A AS BEING N65`11'45'W, PER PLAT BOOK 45, LAND SHOWN HEREON FOR EASEMENTS, RIGHT PAGES 82-83. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TITLE 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 E LICENSED SURVEYOR AND MAPPER. TUSCAWILLA COUNTRY CLUB 4. THIS DOCUMENT CONSISTS OF 2 SHEETS, AIf1T F! II 1 (1R f`/11API FTC WIT41f11 IT AI I CI-IFFTC DATE: 09/24/07 REVISED: SCALE:~A APPROVED PY: _~~S JOB N0. 7070901 DRAWN BY: UB AMERICAN SSURVEYING Sc MAPPING INC. CERTIFICA710N OF AUTFiORILAT10t`I NUMBER LBf~E393 1030 N. ORLANDO AYE, SURE E3 WINTER PARK, FLORIDA 32799 (ao7) azs-7979 WWW. AMERICANSURVEYINGANDMAPPING. COM GENEL~EON, PSM #5866 DATE: SKETCH OF DESCRIPTION: PARCEL E TUSCAWILLA COUNTRY CLUB i"=120' GRAPHIC SCALE a bo 120 EXHIBIT "C-8" WINTER SPRINGS 120' RtGH7 OF BOULEVARD -___-__-__-__-____ ~ WAY _ _~__ ~__~_,_ N' rW o~ to LOT 5 THE EAST PART OF PHIUP R. YOUNG GRANT, SOUTH ~ tp O^ PLAT BOOK 1, PAGE 38 N w 2 1~g ~~ C 8o.8g' ~ - w S$8'48 42"E N r. O O Z r~/ ry ^Q~ N~ ~' W a ~~ N ~ Q ~ O Z N87'21'25"W 96.79' 1~ LOT 5 THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PLAT BOOK 1, PAGE 38 6=4'04'19" L=162.92' R=2292.44' CB=S75'37'S7"E C=162.89' ~ S29'4T02",W 14.62 14.49'(P) N76~6,55„ ~ 72 6gW ~^,~ 11 ~? Dc9 \~ sQ"? y~y~ \~ LGT 41 ;LOT Gj TRACT •A' `~ A PPBC AT ~SCA ~ .,,, ~~ LOT 42 `` ` .` LOT 43~\~ _ ~~~~ W R~ LOT 38 LOT ~ LOT 44~.~ 3 ~~. `.`` ~ 194,766. sq.ft. •,h ` •.~ LOT 13 4.47 acres N ~~'~~~ ~•.~ ```~ ~/ . ~'~, ~ LOT 12 ~ N CHELSEA~ARC AT '~ ` Uj `--_„„ TUSCANALI.A~HASE 1 ~ t -ERLI~T BOOK 45, PAGES 82-83} ll LOT 11 "'-~_ (P) D=64'09'37" n0 p LOT 60 FOX GLEN AT CHELSEA PARC, TUSGAWILLA A=64'09'40• ~ ~. L=62.53' ~-=62•`53 N _.__.__.__.__.- (PLAT BOOK 49, PAGES 78-82) R=55.84' }~=jj,$e~.' ~~ CHELSEA PARC AT TUSCAWILLA PHASE 1 CB=S33'06'57"E ~ PC ~ (PLAT BOOK 4s, PAGES 82-83) C=59.31 TRACr •A• ~ i i ~ ~ ~ S0t'nr v , o ~ ~, 446.4i' ~iP\crNfof ~ SLOT 1of POINT OF BEGINNING NeSj ae'~..` ~, ;'' POINT OF COMMENCEMENT~~ ~L' ~~. SW CORNER OF LOT 10 ~~.\ CHELSEA PARC AT TUSCAWILLA ~ PHASE 1, P.B. 45 PG. 82-83 LOT 8 THE EAST PART OF PHIUP R. YOUNG GRANT, SOUTH PLAT BOOK 1, PAGE 38 LEGEND R DENOTES RADIUS ~ DENOTES CENTRAL ANGLE L DENOTES ARC LENGTH C pENOTES CHORD LENGTH ce O~oTrs c>;aRn aF tR~NG (P) PER PLAT PC POINT CF CURVATUR"t PI POINT OF INTERSECTION NT POINT OF NON TANGENT SHEET 2 OF 2 SEE SHEET 1 OF 2 ~'OR pp~; 09/24/07 REVISED: SCALE: 1 "=120' -~-- APPROVFD BY: GJS __~a_ _u ,IOB No. 7o7asol DRAWN BY: UB AMERICAN SSURVEYING Sc MAPPING INC_ CERTIFICATDN OF AUTHORIZATION NUMBER LB~6393 1030 N. ORLANDO AVE, SUITE B WINTER PARK, 1~.ORIDA 32789 (407) 426-7979 COMPOSITE EXHIBIT D (4 Pages) E~ '' BIER YIIIOi Vag ~UEVI 1>p r0[ AwT v RAY ma w rANgRRT M~CIATw NO Yn~E •N.T •61.> NNT p Mf US s RNR w wT U1N I 1 1 ~. ~ l1{ ~1 AINpR1U1D AT TNYAM{LA - IR9f 2 NAT 11aaN 14 PAGE a7 I N ~T. N ~\ AsNILT \ \ \ IDf 19 ~, \\ \ \\ \~~± O \ \ }Z, \ \ \ ~ \ \ \ \ \\ G1 LDT 1a \\ • \ , \ \ \ \ i eav \ N \, . , \\ \ \ \ e \ \ Ew \ ~. \\\ \ LOT 77 wsec NGUE z( q T Ld a cNrr<T) ~ni 11°r N~'ari=a BOUNDARY AND TOPOGRAPHIC SURVEY M LC19R1 ML WAIIR 21 SDIFISL RANQ >f EA9f, tE1M01F COIAIIY, II.ORDA Fqi: VERIEK OEYELOPYENT, LLC ROOD NOTE ACCORpNG TO YY NIERPRETATg13 Of COMYUNtt PANEL NQ 110193 NAS E DF TK ROOD NSURANLE RATE YAPS FOR SEMNgE COUNtt, RORDA DATED 1/17/0.1 TIE SUBJEm PROP[Rtt T N 8000 ZONE 'X'. C 'AREAS DERRIENEO ro BE W151OE TK 500-YEM ROOD RAN'. SURVEYOR'S NOTES 1. BEATNCS HEREON ARE REFERENCED TO ME A551N1FD BEARNG W s 1x13.51' W K011G TN: RESTERLY lNE D< ME Ito' RIDE RORDA POKER k UGNT CgWANY EASEMENT. 2. ND ABOVE-GROUND OR BELOW-GROUND UTR111E5 OR NAeI10YENENR WERE LOGTEO E%QPT AS SEIOwI IIEREg1. S. ME BOUR)MY 6 TOPOCRMHC SUiVEY SSDMI HEREON R: BASED CN ACNK iKID EEASUREYENIS AND OBSERVAMINS DATED RBRUMY O5, 1009. 1. REPROOI1CnON5 6 llNi 6KElGT1 ME Nm VKD WMWT ME YGNATNE AM ME gINENK RAISED SGL 0Y A iIORDA LKENSED SURVEY011 AND YAPPER. 3. ME PURPOSE D< MS SUPA.Y R TO ESTABLISH AND 9NN DESCTBE A TOwFR PMC[L TNS C: NOT A BgNDMY SMKY Oi TN: PARENT PMCCL 6. UnIUDE MD LONCRIDE VKUES OEPKIED HEREON MERE ESTABUSEKD NM A TNYTE PRO %R 4P5 RECDYER EgIIPPED TM A COAST GUARD BEACON RELEIN]T Fql IIEK lYF COMECigN. \ 7. EIEVAnONS OEPKRO HEREON ME BASED UPgI GPS OBSERVATglS YADE NM M A91Rg1 LOCUS RECDVFR Aq MAT HERE POST PROCESSm MTR CCRS DATA R.ES ANO ARE REFCRENCED ro TIE NAVOei OATW, ~\s\\ \ \ )Il pz1 / / r ~ A ~r,a NTml / / ~ Iw,u / ~mASK.m i / Avxlt NI~YN10 STa IMF T E ~1.1~ / GTw rP Lm w PROPERTY DESCRIPTIONS ,I PMENT PARCEL (ORICIAL RECORD BOOB SSa1, PACE EBZ) ! i SEE DESCRN>TDN ATTACHED HERETO // • j' Lm 17 IOwER PARLEL (PREPARED BY TWS OFTICE) 1(~ ~ MAT PMT OF LOT 10, PNl1P R. PONCE GNMT, AS PER PUT 1 ~ 1 TRREOi RECORDED IN RAT BOON I. PAGE 30. Di /NE PVBUC 1 RECgID3 Oi SEYINOLE COUIItt, RORDA BEING YORE PARTCULMLY DESCTBED AS fOU.OwS: 1 Cq/MEHCE Al lsE POST NORTIERLY CORNEA K LOT 170. CgNMT CLOG VILLAGE, UNIT THREE, AS PER PUT TNOlEOF IDT 11 RFCgiDFD N PUT BOOK 25, PAGE K, Qi THE PUBLIC RECORDS DF SCYNQE COVNtt, RGNDA SAD PgNT BEWC ON ME RESRRLY LNE Of M E%K1NG 110' MOE RORDA POKER k LIGHT C0INANY EAEEYENt; TYIICE S 31'IS'SY E KONG ME NORMEASMRLY LVIE Oi SNO CQINTRY CLLw NLLALE. UNT THEE AND KONG TIE wEiIERLT LNE D< SAD RONOA POKER k LIGHT COMPMY EASEYENT Fqi 32150 RET; MENCC N 5611'OY E fOR 137.31 iRT TO ME PgNI Of BECMNNG: THENCE N 1NTT'1B' E iqi S0.0D FEET, TRNCE B ]O50'N' C fOR S0.W RET; THENCE S 1909'13' w fqt 30.00 FEET; MENCE N 7050'{1' w i0R 50.00 RET TO END POINT Oi GCGNNi9K. C011TANNG 2,300 SWME FLET, YORE OR LE55. • vARExr PMCFL PROPERTY DESCRIPTIONS Tw:a ~AFO9m ~Tqe-'ail-r1'~mo-aY 2G MIpE INGRESS. EQE53 AND VlEltt EASEMENT (PRFPASED BY 1T5 OR1CE) ~ 1HAT PMT Di LOT 1a PX41 R. YDNCE CRMT, AS PER RAT / ~ ~ TEREpi RECORDED N %AT BOOK I, PAGE 30. Qi TIE PUNIC RECORDS Of SEYNOIE CWNtt, RgNDA LING NTNN ID FEET Grtr r. •Na y! / / a BOM SIDES Of A CENlEMT1F BENC MORE PMTKUMLY DESCRNIED AS fOLLOwS: M PAELNDIT ~ Cq/YFNCE AT TK MOST NORMERLY CORNER ai LDT 17q i [OU D CgM1RY CLUB YRIAGE. VMT MREE, AS PDI PUT TNTEOf RECgi0F0 N PUT Bq]I( 23. PAGE 31, a T[ PUBLIC RECORDS I~'t / Ir axT . 1 _f I Di SEMNOLE Cgllltt, RgNDA SAD PRCf BEND CN TIE RESIFRLY LINE a M EltSTNG 110' DDE RgNDA POIYER k ~ ~ N ' ~A 1e~. q 1r / Ir.: . IN' / / UGNT COYPMY EASEMENT, TR1KE S 31YYSY C KglO T[ :.:. N y 1 / NdT1EASlERLY LINE Di SAD CUNTRY CWB VELAGE, UMT TNRE AND KONG 151E YES1ERlY LPN: a SAID ROROA N1NOT /// l Ir._. •~f ~~ k INNR COYPMY EASEMENT iq1 J2J.SD iEET; THENCE N ' le' i /•~ SBT/ OC E fOR 231.31 RET ro TIE souTHwE51CRLT caREIER ' ' / / I OF A b f00T • SO FppT LONER PARCEL; MEN(; N 19TT 16 E KONG TE MESIEKY UE a SAD TONER PMCEL iqH 10.0D / ~ / FEET ro THE PgNi ai BEaNNNC a TIHE NEREN DESLTIBED % / CENTFT.NE; TENCE N 705gH' w i0R 3e.00 RET npHCE N 33'35'11' w FOR N0.70 FEET; MENCE N 2002Y3' E fOR 90.J3 ~ ~ ~ / iEET; TAKE N5710'/3' E fOR 19217 RET; TENCE N / / NTw2Y C fOR 23111 FEET; TIENCC M 7226'23' E Fqi J9.10 / / / FEET; TNTKE N 161YDY E fqH 67.05 FEED THENCE N TRNC[ M 020Y16' E iql 91 Op ST3730' E fOR 11aD1 FEET ~G / / f~ ; . FEET; TIENCC N 1T/6'09' E iqt ]IA] FEET; THENCE N / i4, A ,Q~ J 1351'3Y C fOR 11267 fEEI; TKNLE N J25033' w fOR 320.91 . / ~' . ~ / ro_A raNr 'A•; nNma x o35e'39' w Fm sau FEET To M _ sPRwcs BouEYARD (120' WIDE RANT a wA»; TICNa RETURN I ~ , % / a / .x ' sM i ..~~,\ W • T T M Ew ~ ~ a / N 1T}Y21' w iqf ]6.]6 RET ro M NlERSECTON MM SND f T ~ H D /,........4~~ g1 aiLNE PDN pf TERMINVS IE Sg1 M O XEREN DESGRNED CENTERLWE. / .'a•.i / ~ •m.s ~ COSRAWXG 1.01 ACRES, Mg1E OR LE50. ~' /..~..'".~. .~r/~i 1 /~lae /~S~ • e:1 / / ~ %j, ////j ,, • 51.1 PROPERTY DESCRIPTIONS CONTDIUED 200 TOOT RADDS fRM CENTER Oi roxER MEA ~N.1 (PREPMED BBY TIR OTTCE) TUT PMT Oi Lm 10, PM1P R. YONUE GRMT, •ats AS PFA PUT 1NERCOF RECORDED N PUl BOOK 1, PAGE 34 O THE PVBLK RECORDS v _~, SEYNOIE CWNtt, RgDDA BEING A gRCIAM PMCEL NM A RATUS Di 200 FEET, TE CENTER PANT Of SAD PMC0. BCNG NONE •N.i I.1 PMTCIINLLY DESCRIBED M fOLLOMS: CgIYENCE AT TIHE HOST NORMERLY COINER ai Lm na cwNMr als vN1A4~ uNR nNEE. AS PER PUT TIEREOi RECORDm N RAT SODK 20. PAQ Jt, Qi TIE PUNIC REC0IDS di SEYNOIE COUNTY. RORDA SAD FONT BEND ON TE RST]iLY LNE Cf M CDSTNO 110' MDE RORDA POMP k LIGHT COWANY EASEMENT; TQHIZ S S1Y5'SY E KONG T[ MgtTEA51ERLY LME R SAD COUNTRY NR VALAG[ UNT TNCC MD KpK Tq: YNSICIN.Y lNE Oi SAD RgtlDA POKER k INNT COYPMY EASEMEM FOR 12350 FEET; MENCE N SSTI'OY E fOR 251.51 RET ro TEE 50mN1ES1EIdY CORNER OF A 50 i00T N 00 TOOT TDwER PMCEL TENCC N 9J01'SJ' E iqt 72,11 fEEI TO T[ CENICR PONT 0 ME NERCN DEECRBEO 200 FOOT RAUUS gRCULM PMCEL CglTANNC L33 ACRES YORE OR LESS NCINIIY MAP ~~ NOT To scA1E N m S LEGEND • INDIGRS PLACED 1 REBM NM GEOLNC l8 7032 C O NDIGIEi NON FN f011ND AS NO1EO D NDIGlES CONCRETE YONUIIENT [OLIO AS NOTED - NTGIES oVERIHCM UTDtt lNF @ NMGTEE CarKRETE UTRf1Y POLE - NDIGlES CHANUNK FENCE <___> NYGTS RECg10 0EStl11PlI0N DATA . ]61 NgCAlES SPOT ELEVAMNI x( NWIGTES FNE HYp11NJT NgW1E3 PNE TREE AS NOTED NOHGlES EW 1REC AS NmEO NTG1E5 OM TREE AS NORD NY TREE AE NOTED NOIGIR P 9 , WOIWlE3 CHERRY TREE AS NOTED O VNRGIEi CONCRETE UCNT PqE TT:E NOTE: NOKAIED TREE 9ZE T 1RIRIN gAMCIER N INCIEi, a-3 FOOT ABOVE OHOUIIU aogR N.K.W. 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IAf 7M aallalnl m ~_!? aD x1AaOi °su,ii wr na[ .1~rwTN~1 tNDm ~iat~ T aaac~.c ~.ar..~a.:.a~ wwc ataama v-folNa[ aarN aaarlMO SA M]R Yam w lFm SURE law"rm~snmaNo .rte . two TK taema. lar a t i tia lQ rrimise v a iaaw a tart aorta rAOOn. iwi Wutm oar iu aw~w 1 ml oausa w rsnoolta ~. %alA~11[a dirt/[ W!a YK p 1 RtlW Illa1ED awrllw as Nrwta lalp P.11~a6 R ~r4~ 9RtY p M r~l A MC4 11mOF Mm 1P411.a[ Y411O aVmna 10tw ri4 ~TI11PIm a11N , lalal rq w wa I11Wm COlrra rM , aP+e srAwl ,Tana rw oar 1sc aoaaccta• >. tTSwlw ao+elW~Otl'aic~v~ootm~nar:oeiwT~'® A K a\ai a,rlaa m ocw0. \ 11~~~~ %4L =1Y iY aRT~.a \\ Y~m~ ay-"NW ~ ~~ y `` ` ` ~ 4+n. ~1ay~ ~3'R rT"m • Iwo cDU11ro1 ~ acwe n~ tr amn r- sr °~ Piu+a`°° seal PC, m-nT-Jhyy,.p~ Q1. ,b~ tap Ma{D*, is "f aaasc wanlm. se- u raw ~4 ~ ~~~ ,p.' o rrrt ~~ W"O~ n a 1rwwA1°~wl rPtww >mw°P ar` la•N A laq a'~r•rw 11aM G E~ L I N E "~`~~ ""°'" PIIOPOSEO TOMLR LOCATION INFORMIAIgN ( tFmWnrslsHit-mm SURVEYING. INC. w,,,Dr~io1Y1r,~w,,, uKitwc . mas•ar N ;na 1a11at1.aE . n'IaYT.w • iw _ _ avt ~ aaaR mm _ ~~, m laoa u~~• ~~~ a ~ wsa ww awn 1«r r m•- a>•::r ~~ 1TJSCAl17LLA 91TS j FL 5D92 m m.raw Nrwa. SEIIINOL6 COUN77. FIARDJA m•-1• asrsmw acus~, ar. v 1 ~_2» EXHIBIT "D-3" TOWER PARCEL (PREPARED BY THIS OFFICE) THAT PART OF LOT 10, PHILIP R. YONGE GRANT, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 170, COUNTRY CLUB VILLAGE, UNIT THREE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 34, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE WESTERLY LINE OF AN EXISTING 110' WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT; THENCE S 31°45'52" E ALONG THE NORTHEASTERLY LINE OF SAID COUNTRY CLUB VILLAGE, UNIT THREE AND ALONG THE WESTERLY LINE OF SAID FLORIDA POWER & LIGHT COMPANY EASEMENT FOR 323.50 FEET; THENCE N 58°14'08" E FOR 257.51 FEET TO THE POINT OF BEGINNING; THENCE N 19°09'16" E FOR 50.00 FEET; THENCE S 70°50'44" E FOR 50.00 FEET; THENCE S 19°09'16" W FOR 50.00 FEET; THENCE N 70°50'44" W FOR 50.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 2,500 SQUARE FEET, MORE OR LESS. 20' WIDE INGRESS, EGRESS AND UTILITY EASEMENT (PREPARED BY THIS OFFICE) THAT PART OF LOT 10, PHILIP R. YONGE GRANT, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 170, COUNTRY CLUB VILLAGE, UNIT THREE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 34, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE WESTERLY LINE OF AN EXISTING 110' WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT; THENCE S 31°45'52" E ALONG THE NORTHEASTERLY LINE OF SAID COUNTRY CLUB VILLAGE, UNIT THREE AND ALONG THE WESTERLY LINE OF SAID FLORIDA POWER & LIGHT COMPANY EASEMENT FOR 323.50 FEET; THENCE N 58°14'08" E FOR 257.51 FEET TO THE SOUTHWESTERLY CORNER OF A 50 FOOT x 50 FOOT TOWER PARCEL; THENCE N 19°09'16" E ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE N 70°50'44" W FOR 38.06 FEET; THENCE N 33°35'14" W FOR 468.70 FEET; THENCE N 20°02'13" E FOR 90.38 FEET; THENCE N 50°46'43" E FOR 492.17 FEET; THENCE N 41°08'27" E FOR 232.14 FEET; THENCE N 72°28'25" E FOR 39.40 FEET; THENCE N 18°17'07" E FOR 67.05 FEET; THENCE N 37°57'30" E FOR 110.04 FEET; THENCE N 02°09'46" ORLA_594335.1 EXHIBIT "D-4" E FOR 91.00 FEET; THENCE N 17°48'09" E FOR 72.87 FEET; THENCE N 16°54'33" E FOR 142.67 FEET; THENCE N 32°30'35" W FOR 326.91 TO A POINT "A"; THENCE N 03°38'39" W FOR 59.48 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD (120' WIDE RIGHT OF WAY); THENCE RETURN TO POINT "A"; THENCE N 50°50'21" W FOR 35.44 FEET; THENCE N 17°33'24" W FOR 38.78 FEET TO AN INTERSECTION WITH SAID SOUTH RIGHT OF WAY LINE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 1.04 ACRES, MORE OR LESS. 200 FOOT RADIUS FROM CENTER OF TOWER AREA (PREPARED BBY THIS OFFICE) THAT PART OF LOT 10, PHILIP R. YONGE GRANT, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING A CIRCULAR PARCEL WITH A RADIUS OF 200 FEET, THE CENTER POINT OF SAID CIRCULAR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 170, COUNTRY CLUB VILLAGE, UNIT THREE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 34, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE WESTERLY LINE OF AN EXISTING 110' WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT; THENCE S 31°45'52" E ALONG THE NORTHEASTERLY LINE OF SAID COUNTRY CLUB VILLAGE, UNIT THREE AND ALONG THE WESTERLY LINE OF SAID FLORIDA POWER & LIGHT COMPANY EASEMENT FOR 323.50 FEET; THENCE N 58°14'08" E FOR 257.51 FEET TO THE SOUTHWESTERLY CORNER OF A 50 FOOT x 50 FOOT TOWER PARCEL; THENCE N 68°23'27" E FOR 38.29 FEET TO THE CENTER POINT OF THE HEREIN DESCRIBED 200 FOOT RADIUS CIRCULAR PARCEL. CONTAINING 2.88 ACRES MORE OR LESS. ORLA_594335.1 T.1<TTTTT TT CCT,O• SKETCH of DESCRIPTIONS for: ~~ni~i i --lG pnc;F ~ of z WINTER SPIZIN'GS, LLC dba TUSCAWILLA C®UNTRY CLUB Tuscawilla Parcel 8 Revised. DESCRlP7TON: Thot part of Lot 81 GARDENA FARMS recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida and Also that part of Lots 5, 8, 9, 10 and 11, THE EAST PART of PHILIP R. YOUNGE GRANT, SOUTH PART, 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 and being more pparticularly described as follows: Be in at the Northeast corner of ARROWHEAD AT TUSCAWILLA - UN1T 2, as recorded in Plat Book 48, Pages 52, 53 and 54 of the Public Records of Seminole County, Florida, said corner also being the Northeast corner of Tract "C" of said ARROWHEAD AT TUSCAWILLA -UNIT 2: thence S00'03'17"W, 335.25 feet along the most Easterly line of said ARROWHEAD AT TUSCAWILLA -UNIT 2 to a Point of Intersection on the Easterly line of Lot 17 of said ARROWHEAD AT TUSCAWILLA -UNIT 2; thence 542'31'59"W, 59.00 feet along the Southeasterly line of said Lot 17; thence leaving said Southeasterly line of Lot 17 run S71'S4'32"E, 168.52 feet; thence S12'36'43"E, 138.02 feet; thence S50'04'02"W, 207.02 feet; thence S39'S7'16"W, 264.58 feet; thence S60 54'07"W, 122.59 feet; thence S84'13'45"W, 412.16 feet; thence S73'36'li"W, 258.36 feet to the Northeasterly Right of Way of Augusta National Boulevard, as recorded in COUNTRY CLUB VILLAGE UNIT ONE, recorded in Plat Book 22, Pages 4, 5 and 6 of the Public Records of Seminole County, Florida; thence S54'09'23"E, 141.80 feet along said Northeasterly Right of Way line to a Point of Curvature of a curve concaved Southwesterly having a radius of 67.62 feet, and a Central Angle of 5850'48", thence run Southeasterly 69.45 feet along the arc of said curve to the Point of Tangency, thence S04'41'25"W, 58.94 feet along said Right of Way line; thence leaving said Easterly Right of Way line of Augusta Nation a! Boulevard run S54'05'37"E, 90.06 feet along the Easterly line of said COUNTRY CLUB VILLAGE UNIT ONE; thence S31'45'52"E, 392.79 feet along the Easterly line of said COUNTRY CLUB VILLAGE UNIT ONE to the most Easterly corner of said COUNTRY CLUB VILLAGE UNIT ONE, said most Easterly corner also being the most Northerly corner of Lot 170, COUNTRY CLUB VILLAGE UNIT THREE, recorded in Plat Book 25, Pages 33, 34, 35, 36 and 37 of the Public Records of Seminole County, Florida; thence leaving said COUNTRY CLUB VILLAGE UNIT ONE, run S31'45'S2"E, 709.49 feet along the Northeasterly fine of said COUNTRY CLUB VILLAGE UNIT THREE, said line also being the Westerly line of the 110.00 foot wide Florida Power and Light Company Easement recorded in Official Records Book 183, Page 130 of the Public Records of Seminole County, Florida; thence Leaving said COUNTRY CLUB VILLAGE UN1T THREE continue S31'45'S2"E, 416.14 feet along said Westerly line of 110.00 foot wide Florida Power and Light Company Easement; thence leaving said Westerly line run N58'l4'08"E, 110.00 feet to the Easterly line of said 110.00 foot wide Easement, said line also being the Northwesterly line of Lot 173, GREENBRIAR SUBDIVlS10N PHASF_ 2, recorded Ln Plat Book 40, Pages 42, 43 and 44 of the Public Records of Seminole County, Florida; thence N31'45'S2"W, 100.00 feet along the Easterly line of said 110.00 foot wide Florida Power and Light Company Easement, said Easterly line also being the Northwesterly fine of said Lot 173, to the most westerly corner of lot 173; thence leaving said GREENBRIAR SUBDIVISION PHASE 2, continue N31'45'S2"W, 316.13 feet along the said easterly line of the 110.00 foot wide Florida Power and Light Company easement. thence leaving said easterly line run N58'14'OS"E, 350 feet; thence 531'45'52"E, 215.15 feet to the northerly line of lot 179 of said GREENBRIAR SUBD1V1SlON PHASE 2; thence along the northerly line of lots 179, 180, 113, 112, 111 and 110 of said GREENBRIAR SUBDIVISION PHASE 2 run through the following courses and distances: N10'10'05"E, 26.34 feet; N8128'42"E, 61.22 feet; N02'38'26"W, 56.84 feet; N31'48'19"E, 91.69 feet; N28'09'35"W, 65.08 feet; S76'S2'16"E, 74.79 feet; N40'01'25"E, 33.49 feet; N40'43'04"W, 40.96 feet; N07"08'54"E, 47.03 feet; S50'10'05"F_, 90.81 feet; N03'10'47"E, 47.03 feet; N36'46'05"E, 64.25 feet to the most Northerlyy corner of Lot 110 of said GREENBRIAR SUBDIVISION PHASE 2; thence leaving said GREENBRIAR SUBDIVISION PHASE 2 continue along the approximate center line of Howell Creek through the following Courses and Distances: N36'43'S8"E, 89.62 feet; N75'04'13"W, 64.48 feet; N2238'04"E, 49.01 feet; N7737'09"E, 64.48 feet; thence leaving the approximate center fine of Howell Creek run N06'12'45"W, 339.79 feet; thence N72'44'S5"W, 50.00 feet; thence 535'17'44"W, 320.00 feet; thence S89'12'35"W, 300.00 feet; thence S0323'42"E, 316.42 feet; thence S21'30'33"W, 90.14 feet; thence 55526'41"W, 70.00 feet; thence N8058'S4"W, 70.00 feet; thence N18'02'i4"W, 385.08 feet; thence N03'06'08"W, 201.99 feet; N18'10'37"E, 130.96 feet; thence N41'35'S9"E, 685.09 feet; thence N39'48'11 "W, ?46.50 feet; thence N22'15'27"E, 102.11 feet; thence N13'10'27"W, 160.86 feet; thence N11'49'03"E, 220.38 feet; thence N29'S7'02"W, 192.23 feet; thence N2827'S4"W, 111.15 feet to the South Right of Way of Winter Springs Boulevard; thence N89 58'36"W, ?49.00 ~1~eet"r~forrg,, said South Right of Way to the Point of Beginning. ~`~ ~' '" ' A VONE, INC ~!$$ S~lY2v~Y~liOj yyALft' UNLESS EMBOSSED REVISION DA 7E_ DRAWT `WI jF~ Yl9rr - S~,GNA }U.'r~ AND RAISED SEAL OF ~ Z4 ~1f,/l41gA'_ClCENSED b~~hVE'r;r1R-AND MAPPER LAND SURVEYORS AND MAPPERS ~ J ~~ 300 SOUTH RONALD REAGAN BOULEVARD ~~' LONGWOOD, FLORIDA 32 75 0-54 9 9 R. a pOMINfy^~K~ -. GAb'i~ 1: - PRESIDENT TELEPHONE (407) 830-9080 FAX No. (407) 339-3636 `FLORIDA 9lJR~ YdV~ & MAF~PEP, .NUMBER 2005 E-MAIL: CA VONE ®CFL.RR.COM L~CEN5~t~ US1NE55 MUMBEP. LB.5073 SKETCH OF DESC. 10-5-2007 GLN r, - -- , DRAWN ay GLN ~` ~~ W, 0. 2 0 0 7- 3 9 3 6 CADD FILE: U: \Boundary Surveys\TUSCAWILLA GOLF\WOODED AREA DRAWJNGS\t"r1F°Cr"" ~ RE~iSED.dwg SKETCH of DESCRIPTIONS for: races z o~ 2 WINTER SPRINGS, LI~C dba TUSCAWILLA COUNTRY CLUB AV&US7A NARIXt4 9~0;4.FYARD-7' ~ I ~~*'~'~+4+a *A ~...~.. ~ i tip, ima ~~ I I \ I I I ~~~ em ~ 5 $~~a ~ I I ~~ \~ ~ I I S) .n w i 3• POINT OF BEGINNING p~'r I O I 2S 36l ~'' / wzv~ Ar n5GrNUA Tarr t NLRIHEA9T Cp+NER K TRACT ' ~\,4~r'~\~, R=6761' ~:5850'48'1 w I B3 ~. M,n 'u°`.~,,.,.,....,....,...~ ARROwiEAO AT nrscAwuA vwr zp ~, ~. ARLa69.45' Gl.:66.44' ~ 6• `Y ~`'`' ,~ ' axrr Zp ~i ~~* CN.BRG,~5144J"59'E ~ - -.~,- ' ,~ /~'/yay" /I(~P o yam. -1 ,~1v S423f'S9. 5~~ ~0~~ ti h ~~i~`F d ~6~~ 71fEAS "_ ~ 59.00' W _i.~,G~ ry ~ ~ ~ ~n~ `."`i "~ ~~ l°'a a ,,~, s~ for r71ERtr~TiNp~u, .e(V6p' 2 ~~ ~ f!' w„ ~ - ijp' NOT PLA TIED 'rn~A o ~§ S (NOT MdIR?ED) N N h ry r ,} 60`+Sf F. ry~ A m. r.. \~ A F y 7~ZS9~'W 53957'16"W M'S• 2 w. ~ ,,ory `~y8~~d 264.58' S~o~4 p?, ry'~'~O`I' 15 k9 59E gi W ~. ¢ ~~f4~ ~ ~ ~ vh 4~ ^~~60 6 ~ ~ .«w ~~_ 9d~ N22y02.~1 E ~~ ~ E ~ ° ~.,,~J/ _~ ,B~p jT. N4135'S9E ~'~ w° J~ w ~ -, N 130 g6 ----.~~. 685.09' _~ ca.A+mr aw wxAa urr a+ar ~.,. ,g ~ ab ~ 0~ r~r.,n.x.,,,,,.pr «Y~~ a MME ^°~ ~~4 ~o~.p6199 0 ~_ ¢3 \~TM\ 'Y' b ~c~J ~f y~ n~ f ran r r cv /,..--` .,`^a ~,"' ~ `~° 4T ti o~ (Nor aHdHOm) ,. ~`~~ ~4 r,T 3 Jyh~6ti `+p y.>. sta...`, ~. ~~ ¢~~ 2 5p'~~~0~ °~ /// ,", ¢~I pew"SS776 ~7 jr•, 535Y7'44'W zr / O '$ a, ~~ W 320.00' ~.p ~ ^ ~ 52'30 33~ ° a VVV"' ~ w-Q II '~Sgy* g0'j4 ° $ 0' 75' I50' 300' ~ ` 3 3~ og F ~~ v ry~ ~ Q .y ~ •~ N~ PARCEL 8 REMAINDER 3 SCALE t " = 3 0 0' r. ~a?.~r Z~ h O.R. BOOK 3844, PAGES yryb ti`s GRAPFi[C :JCALF O ~ y ~Y 0898 RiRWpI 090! .bry. EKE ,~ :~ "f°By~ 3 N2z.380,"~ or'~"5919 NOTES: r `' ~,~ T 2 do ,E o8 ~ mo 1. BEARINGS BASED ON AN ASSUMED BEARING OF S00"03'17"W ON w`+ P •. ~ J ~? u ~s`,~ ~~ WarN3s'43'58"E 71fE EAST UNE OF TRACT 'C ; ARROWIiEAD A7 TUSCAN4LLA gib' -''f ~,~~/ 1 ~ 91.69" m4 S~ aR 89.62' \ ~~Y> UNIT 2, PLAT BOOK 4H PAGES 52-54, SEMINOLE COUNTY, '~~~MOS'r N£S7ERLY CORNER ~"_ -~• ss va'r9 s40nr,1sews ~ ~~ ~ FLORIDA. g74' h °ptEENBRIAR SUBDIN57ON HA 2 ° ~N tHERLr LINE ,~ ~o` a e, "' py 2. EASEMENTS SNONN HEREON ARE PER CHICAGO Ti7lF INSURANCE f'77o ogF.w p~ ~ ~ ''k aF cxrEEHBRrAR ~ ? a. ~" F COMPANY COMMfTMENT NUMBER 509922200LW. OO' ° NORTHERLY SUBDINSION PHASE 2 ~ "' ~ ~,.--h ,. Lor T]9 A '~-~; 3. SKETCH OF DESCRIPAON ONLY. THIS SKETCH DOES NOT IT ~~yk.~n .Py t / ~ f PP ~ ~ ~A ~ l `~° / „~ ~ ~ ~'" ~ `~ "' I ~' ":~, REPRESENT A 80UNDARY SURVEY, iH1S IS NO7 A SURVEY. p III // 4. DESCRIPTION FOR TUSCANTtLA PARCEL 8 yf( „~, p.,,,~„„,,, , ~ FURNISHED BY CLIENT. ' ""`°' ""°'"' THIS IS NOT A SURVEY. 1HE UNDERSIGNED ANA CAVONE,lNC. LAND SURVEYORS and MAPPERS MAKE NO RESERVATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED lfEREON PERTAINING TD EASEMENTS, RIGHTS OF WAY, SE78ACK LINES, AGREEMENTS AND 07TiER MATTERS, AND FURTHER THIS INSTRUMENT !S NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERfFICAAON. ABBREVlA7lONS/LEGEND: R.-RADIUS P.l.-POINT OF INTERSECTION NO.-NUMBER ~ -NUMBER P.O.B. -POINT OF BEGINNING CH.-CHORD P.C.-POINT OF CURVATURE O.R-OFFICIAL RECORDS p. T.-POINT OF TANGENCY P.O.C. -POINT OF COMMENCEMENT ARC-ARC LENGTH LB.-LICENSED BUSINESS CH.BRG.-CHORD BEARING S -LAND SURVEYOR `~,~ -POWER POLE ~ CENTERLINE R/W- RfGH7 OF WAY pDELTA (CENTRAL ANGLE) ,,, A VO1~VE INC. ~~ D(Ay~CEl~ ARE URvF??R AHED MAPP! R REVISION DATE DRAWN A F1,t9R1 "- LAND SURVEYORS AND MAPPERS /~J~/J~f •- 300 SOUTH RONALD REAGAN 80ULEVARD - "l,.'~-- LONGWOOD, FLORIDA 32 75 0-5 499 DOMIFI'„K „.~ L`AVONE -PR.ESl~ENT TELEPHONE (407) 830-9080 Fi i7RIDA~; SURVEYOR & :M~TR~!'ER,' NUMBER 2005 FAX No. (407) 339-3636 LICENSED BU,$1wWES`o:. NGn~4B:R~ L.8.5073 SKETCH OF DESC. 70-5-2007 GW E-MAIL: CAVONE ~ CFL.RR.COM DRAWN by GW CADD FILE: U: \Boundary Surveys\TUSCAWILLA GOLF\WOODED AREA DRAWINGS\PAIRGFE; D~ 12EV1 yFD:c{Wg W . O.2 O O 7 - 3 9 3 6 ....~ , COMPOSITE EXHIBIT F (3 Pages) EXHIBIT "F-1" SKETCH OF DESCRIPTION for: WINTER SPRINGS GOLF, LLC dba TUSCAWILIsA COUNTRY CLUB THAT PART OF WOODED AREA No. 2 LYING INSIDE OF PARGEL 8 Description: TI°at part of Section 7, Township 21 South, Range 31 East, Seminole County, Florida being more particularly described as: Commence at the most westerly corner of Lot 173, GREENBRIAR SUBDIVISION PHASE 2, recorded in Plot Book 40, Pages 42, 43 and 44 of the public records of Seminole County, Florida, thence N31'45'52"W, 495.65 feet along northeasterly line of the 110 foot wide Florida Power and Light Company Easement recorded ir1 Official Records Book 2877, Pages 1538 through 1545 of the public records of Seminole County, Florida; thence leaving said northeasterly line run N58'14'08"E, 8.00 feet for a point of beginning, thence continue N58'14'08"E, 81.85 feet; thence N09'57'03"W, 80.72 feet; thence N26'02'47"E, 43.17 feet; thence N18'02'14"W 161.82 feet; thence S37'08'18"W, 53.15 feet; thence 541'13'36"W, 48.10 feet; thence S7.5'22'43"W, 10$.55 feet; thence S31'45'52"E, 163.04 feet to the Point of Beginning, THAT PART OF WOODED AREA No. 2 LYING OUTSIDE OF PARCEL 8 Description: That port of Section 7, Township 21 South, Range 31 East, Seminole County, Florida being more particularly described as: Commence at the most westerly corner of Lot 173, GREENBRIAR SUBDIVISION PHASE 2, recorded in Plat Book 40, Pages 42, 43 and 44 of the public records of Seminole County, Florida, thence N31'45'S2"W, 495.65 feet along northeasterly line of the 110 foot wide Florida Power and Light Company Easement recorded in Official Records Book 2877, Pages 1538 through 1545 of the public records of Seminole County, Florida; thence leaving said northeasterly line run N58'14'08"E, 89.85 feet; thence N09'S7'03"W, 80.72 feet; thence N26'02'47"E, 43.17 feet For a Point of Beginning, thence continue N26'02'47"E, 153.05 feet; thence N30'39'31"E, 109.96 feet; thence S78'36'07"W, 17.83 feet; thence N43'25'02"W, 68.98 feet; thence S37'05'36"W, 73.64 feet; thence S47'28'17"W, 62.40 feet; thence S37'08'18"W, 29.97 feet; thence S18'02'14"E, 161.82 feet to the Point of Beginning. TuscAwILLA PARCEL 8 ~ ~~ ~ ~ 5252243"W 54183'306"W 538'08'28" S47'28~17..W S37'05'36"W NOT PLATTED ~' v 2 2 hM~ 108.55 / f,i , ~ 53.15 29 9y; 6 !40 73 64' z Q.+. ~ 4i ~ '. .,~,r.~4y,~/„ i ~, ., K Qy o ~ Q .WOODED AREA ; ' . ,~' WOODED AREA ,~~ N'" ~~¢ 2 i N O. 2 ~"' a zs so' loo, ~~~Q ~~• o, NO. 2 r ~ ~ "/ Z o en ~~~2 oo~N`b ~"',~INSIDE PARCEL 8 ~" ,;z,~~' OUTSIDE PARCEi 8 s~ SCALE I" = 100' 4 V ~ •~ r / r, a, ~'.'1 / ~` OZ ~2/ "~ ~. V' '~ ~ ji`,T ~~. 8. GRAPHIC SCALE ~ O O O~ N , ~ r ,%i ~~ 0 b~ ,bX ~`?^~,~uv4 ~j `i6' 1. ti :~iv i '~~.0) ~ ~o° h's ~c„~ r;~,, , ~ /, ~' `~~~y X N30'39'31"E '!y ~ 2 ~ ^~ f ~Q'i",,i fi'i' N26~0247 E '153.05 109.96' ~/, ~ 4.~ .:; ,, ~/, , j 43.1T N?6'OZ~47"E 3 = i a3~ P.O.B. %81'~ a-y WOODED AREA NO. 2 3 Ng BS~,'.•`~ h1,~~, OUTSIDE PARCEL 8 NOTES: hry ~ 8sI4 °8 E ~°~ ~o. h ~ 8s' ~ •`r ~~ o GREEN =^i a 2 N 0. 1 1. TUSCAWILLA PARCEL 8 IN RECORDED !N OFFICIAL ?,' RECORDS BOOK 3146, PAGES 0454 7HROUGFf 0458 TUSCAWILLA~ NOT PLATTED PUBLIC RECORDS OF SEMfNOLE COUNTY, FLORIDA PARCEL 8 2. BEARfNCS ARE BASED ON THE WESTERLY ~ LINE WOOD AREA No. 2 INSIDE PARCEL 8 COMPANY EASEMENT BEING 531 45'52"E. P.O.C. ~ ~~ ,~,~~~ 3 DOES N0~ REPRESEN ~A BOUNDARY SURVEY. MOST WESTERLY CORNER .~,~ ~,° LOT 173 GREENBRIAR ~° THIS fS NOT A SURVEY. SUBDIVISION PHASE 2 P.B. 40, PAGES 42,43 AND 44 THE UNDERSIGNED AND CAVONE,fNC. LAND SURVEYORS and MAPPERS MAKE NO RESERVATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK ONES AGREEMENTS AND OTHER MATTERS, AND FURTHER THIS INSTRUMENT 1S NOT INTENDED 70 REFLECT OR SET FORTH Ail SUCH MA TIERS. SUCH INFORMATION SHOULD BE OBTAfNED AND CONFlRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. ABBREVIA TlONS/LEGEND: ___ 4ER P.T.-POINT OF TANGENCY R/W- S P.l.-POINT OF INTERSECTION L.S.- tD P.C.-POINT OF CURVATURE O.R-~ LENGTH L.B.-LICENSED BUSINESS CH.Bf [RUNE A/C-AIR CONDITIONER PAD p DE A VONE, INC. LAND SURVEYORS AND MAPPERS 300 SOUTH RONALD REAGAN BOULEVARD LONGWOOD, FLORfDA 32750-5499 TELEPHONE (407) 830-9080 FAX No. (407) 339-3638 E-MAIL: CAVONE ®CFL.RR.COM RfGHT OF WAY P.O.C.-POINT OF COMMENCEMENT 1ND SURVEYOR P.O.B.-POINT OF BEGINNING 7A (CENTRAL ANpeEy' AlIS.Sr1RV~.Y A+07 ''+'ALtD UNLESS EM80SSED A F O~jRTOA ~~~N5F~7 SURVF`~R AND MAPPER " DOMINICK F CAV&7tlE '- P:'ESIDEN7 FLi3/21DA SURVEY47F~ dt MAPPER !'UMBER 2005 UY:ENBE!? S~iISINESS NUMBER L.B.5073 DRAWN by GLN CADD FILE: U: \BOUNDARY SURVEYS\TUSCAN7LLA GOLF\WOODED AREA D,RA NUMBER 2.DWG Yy•0•2007-3936 EXHIBIT "F-2" SKETCH OF DESCRIPTION for.' iY1NTER SPRWGS GOLF, LLC dba T'USCAA~ILLA COUNTRY CLUB WOODED AREA No. 3 INSIDE PARCEL 8 Description: That part of Section 7, Township 21 South, Range 31 East, Seminole County, Florida being more particularly described as: Commence at the most westerly corner of Lot 173, GREENBRIAR SUBDIVISION PHASE 2, recorded in Plat Book 40, Pages 42, 43 and 44 of the public records of Seminole County, Florida, thence N31'45'S2"W, 764.82 feet along northeasterly line of the 110 foot wide Florida Power and Light Compony easement recorded in Official Records Book 2877, Pages 1538 through 1545 of the public records of Seminole County, Florida; thence leaving said northeasterly line run N44'OS'U9"E, 8.24 feet for a point of beginning; thence continue N44'08'09"E, 116.64 feet; thence N55'10'58"W, 236.86 feet; thence N34'49'02"E, 78.33 feet; thence N33'22'39"W, 149.45 feet; thence N08'40'15"W, 12.7.54 feet; thence N46'33'11"E, 104.34 feet; thence N62'18'18"E, 138.02 feet; thence N52'42'02"E, 139.07 feet; thence N40'11'05"E, 126.48 feet; thence N36'40'17"E, 118.18 feet; thence N50'07'27"E, 29.33 feet; thence N41'08'47"W, 15.97 feet; thence S62'50'37"W, 38.97 feet; thence S40'51'47"W, 89.03 feet; thence S70'12'37"W, 61.32 feet; thence S53'31'23"W, 92.59 feet; thence S78'S0'40"W, 126.41 feet; thence S83'13'22"W, 93.39 feet; thence N86'27'51"W, 49.49 feet; thence S61'28'15"W, 67.41 feet; thence N75'27'09"W, 66.11 feet; thence N86'47'08"W, 53.70 feet; thence S48'43'46"W, 129.44 feet; thence S41'34'38"E, 148.83 feet; thence S54'05'37"E, 14.57 feet; thence N45'00'00"E, 16.62 feet; thence S45'00'00"E, 8.00 feet; thence S45'00'00"W, 16.84 feet; thence S31'45'5?_"E, 658.13 feet to the Point of Beginning. h O ~ ti '~ ~ / O~ti ~ M 2~=o w2 h a~Q~U ~J3 ~Q~ a ~ QQ^- ~~O~N ~ O V~~ N44 a° ~'' Q 3 .ham h 0 ,~~F 5^ r ~~ r< ~ ~~ ~ b~ a~ BQ~~ ~v ~,~~ 3 "°' h r _^~ r 78.33' s4G a3'4s. 129.44' W Z fi e, ~~ W O& j ~~ f~~~ C -> M `~ . ~ ~ ~' S 54V5'37'E 14 57 ' .a, SG7 r . ~N451Jp' ' 6 } .y 00 E i rGSZ• ~~545 Vp' • q 9 pp E g ~. - s4sva'oo•w IG.B4' WOODED AR ~- r~o. s .W ^i P.O.C. /~ FOR WOODED AREA N0.3/ MOST WESTERLY CORNER OF l0T 173 GREENBRIAR SUBDINSION PHASE 2 1 ry 20~ ~~~ ¢e ~~3,:r. y~ N48 J3'11'E 9758 ~WS>p ,h, 104.34' y2, ~ }' N62y8. 6j3? ~'k.S40'S1'47'W ~ti ~~0~8f ~,_."~.-~ 89.03' ~?5.0 N52~9Y0 ~~ ~9}~W 138. pT N4071'O5'E N36'40'1TE N50by2T 126.48' 118.18' 29,33. f TUSCAWILLA PARCEL 8 DRIVING RANGE NOTES: 44'08'pg- E 124.88' 1. 1USCAWILLA PARCEL 8 IN RECORDED fN OFFICIAL RECORDS BOOK 3146, PAGES 0454 THROUGH 04. PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA 2. BEARINGS ARE BASED ON THE WESTERLY LINE of WOODED AREA No. 3 INSIDE PARCEL 8 0' S0' too' 200' BEING S31'45'S2"E ~'-~ 3. SKETCH OF DESCRIPTION ONLY. THIS SKETCH SOALE I^ = 200' DOES MOT REPRESENT A 80UNDARY SURVF_'Y. rRAI=I-nc scA~_E TN1S 1S NOT A SURVEY. THE UNDERSIGNED AND CAVONE, INC. LANG SURVEYORS and MAPPERS MAKE NO RESERVATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD 8E OBTAINED AND CONFIRMED 8Y OTHERS THROUGH APPROPRIATE 1771E VERIFlCATION. ABBREV1A7fONS/LEGEND: NO.-NUMBER P.T.-POINT OF TANGENCY R/W- R1CNT OF WAY P:O.C.-PONY OF COMMENCEMENT R.-RADIUS P.l.-POINT OF INTERSECTION L.S.-LAND SURVEYOR ~~ P.O.B.-POINT OF BEGINNING CH.-CHORD P.C.-POINT OF CURVATURE O.R-OFFlCIAL RECORp5 ARC-ARC LENGTH LB.-LICENSED BUSINESS CH.BRG.-CHORD BEAR! ^~ % '. ~ CENTERLINE A/C-AIR CONDITIONER PAD pDELTA (CENTRAf A~~ Y~;__ APONE, INC. ~ LAND SURVEYORS AND MAPPERS 300 SOUTH RONALD REAGAN BOULEVARD LONGWOOD, FLORIDA 32750-5499 TELEPHONE (407) 830-9080 FAX No. (407) 339-3636 E-MAIL: CAVONE ®CFL.RR.COM _lNiS'SU~QV£Y NOT VALID ~:!NLt:SS EMBOSSED =W1731 :/IfF'SIG~A?t/RE~,ANU RAItSED SEAL OF A f~ORIDA LI;~N:SED SURVEYG~R AND MAPPER ' / DOMINJCK F. CAVONE ~ -- A,~'cESI0EN7 FLORIDA SURVEYOR.ck MAPPER NUMBER 2005 LiCEN'S'CD,laUSINE~S VJUMpER 1.8.5073 :H OF DESC. 110-3-2007 I GLN - W.0.2007-3936 DRAWN by GW CADD F1LE:U: \BOUNOARY SURVEYS\TUSCAWILLA GOLF\WOODED AREA DRAWINGS\WOODED AREA NUMBER 3.DWG FXATRTT c'F_~~~ SI~E'11CH OF DESCR.TP'170N for: ATINTER SPRWGS GOLF, LLC dba TUSCAiI1LLA COUNTRY CLiT.B THAT PART OF WOODED AR~..A No. 1 LYING INSIDE OF PARCEL 8 Description: That ,;part o? Section 7, Township 21 South, Range 31 East, Seminole County, Florida being more particularly described as: Begin at the most Northerly comer of Lot 110, GREENBRIAR SUBDIVISON PHASE 2, recorded in Plat Book 40, Pages 42, 43 and 44 of the public records of Seminole County, Florida, thence along the Northerly line of Lots 110, 111, 112, 113, 180 and 179 of said GREENBRIAR SUBDIVISION PHASE 2, run through the following bearings and distances, 536'44'06"W, 64.25 feet; thence S03'10'47"W, 47.03 feet; thence N50'10'05"W, 90.81 feet; thence 507'08'54"W, 47.03 feet; thence S40'43'04"E, 40.96 feet; thence S40'Ot'25"W, 33.49 feet; thence N76'52'16"W, 74.79 feet; thence S28'09'35"E, 65.08 feet; thence S31'48'19"W, 91.69 feet; thence S02'38'26"E, 56.84 feet; thence S81'28'42"W, 61.22 feet; thence S10'10'05"W, 26.34 feet; thence leaving the northerly line of said lot 179 run N31'45'S2"W, 184.95 feet; thence N51'S1'S9"E, 60.44 feet; thence N64'28'18"E, 67.44 feet; thence N04'16'03"W, 106.50 feet; thence N57'S1'16"E, 131.40 feet; thence N00'49'03"E, 65.32 feet; thence N26'S4'42"E, 155.04 feet; thence N26'15'40"W, 101.86 feet; thence N35`I7'44"E, 185.60 feet; thence SO6'27'28"E, 42.76 feet; thence 503'22'28"E, 89.70 feet; thence 502'59'40"W, 87.02 feet; thence S04'50'33"W, 103.42 feet; thence S85'09'27"E, 34.80 feet; thence 507'35'46"W, 34.13 feet; thence S22'38'04"W, 49.01 feet; thence S75'04'13"E, 16.63 feet; thence S05'00'19"W, 84.47 feet #o the Point of Beginning. THAT PART OF WOODED AREA No. 1 LYING OUTSIDE OF PARCEL 8 Description: That part of Section 7, Township 21 South, Range 31 East, Seminole County, Florida being more particularly described as: Commence at the most Northerly corner of Lot 110, GREENBRIAR SUBDIVISON PHASE 2, recorded in Plat Book 40, Pages 42, 43 and 44 of the public records of Seminole County, Florida, thence along the Northerly line of Lots 110, 111, 112, 113, 180 and 179 of said GREENBRIAR SUBDIVISION PHASE 2, run through the following bearings and distances, 536'44'06"W, 64.25 feet; thence S03`IO'47"W, 47.03 feet; thence N50'10'05"W, 90.81 feet; thence 507'08'54"W, 47.03 feet; thence S40'43'04"E, 40.96 feet; thence S40'Ot'25"W, 33.49 feet; thence N76'S2'16"W, 74.79 feet; thence S28'09'35"E, 65.08 feet; thence S31'48'19"W, 91.69 feet; thence S02'38'26"E, 56.84 feet; thence S$1'28'42"W, 61.22 feet; thence S10'10'05"W, 26.34 feet; thence leaving the northerly line of said lot 179 run N31'45'S2"W, 184.95 feet; thence N51'51'S9"E, 60.44 feet; thence N64'28'18"E, 67.44 feet; thence N04'i6'03"W, 106.50 feet; thence N57'51'16"E, 131.40 feet; thence N00'49'03"E, 65.32 feet; thence N26'S4'42"E, 155.04 feet; thence N26'15'40"W, 101.86 feet For a Point of Beginning, thence continue N26'15'40"W 40.88 feet; thence N02'25'36"W, 101.42 feet; thence N10'36'39"E, 49.49 feet; thence N41'21'36"E, 80.00 feet; thence N12'44'46"E, 53.53 feet; thence S57'35'46"E, 52.29 feet; thence S05'S2'32"W, 112.29 feet; thence S71'38'S6"E, 24.42 feet; thence S35'17'44"W, 185.60 feet to the Point of Beginning. FAIRWAY N0. 1 kti "' 1p1 y~ P.O.B. ~ory~, WOODED AREA N0. 1 OL PARCEL g IDE OF ~"~ NOT PLATTED N 357744" E .'t 35 0' S0' 100' 150' `~ ~ ~O SCALE 1" = 150' TUSCAIMLLA PARCEL 8 = o~''f`~~ GP.APYIIC SCALE 155.p4• % ~ 4' 42 E 'J ~ r3. 'L .F, N26'S sD ~, 1do 6oi ~,fo,' hS>~T.~' y5 90'~ j~;~/~ ~ , /,~ ~ ~.. Y'1 ss e Ns'?a'.~' e~°p~ ~//J~'i'i/`,/' s f `'~ //%~~//~~~~/ ~~/// .J `'ory~~ pry m 3 rv; ~~~mgro h ~ a y~~ d'~.v~ r a~~i ~~ i ~ ~r a~ A9 80.00' Ag. ,.Sy"E X036 .. BODED AP.EA JK NO. 1 SIDE PARCEL ;•~ 'w ` 5.60' r'` 0 7'/4/4/'~ ~ry~ 0 535 ~ ~ ~ N~2 ~` J ~, J w ro a v! " ~, 'D F- O .11 r•i Z h~~~~ P ,1ti. P:, ~. y`!'~o ~°j~ NOT PLATTED s /~ / . ~:`~. .11 E PARCEL 8 ,q~W's ~,.r,~~~i2.3~~,-~s''S o1 ~~r~ FAIRWAY N0. 18 ~~'~U~`Y~¢~ ~.y6~'A ry6~~`~i%~f`Oy ~~~ro c'o,off,f~~~cPR~ f ~°r. N~TE$: `~~''~ Orynj~ /'~ 1.69' mW P.,n 4>'" w'v; * z 1. 7USCANILLA PARCEL 8 iN RECORDED 1N OFFICUL s+~Bj 5~n S31'48'19"W 33.49' ga ~~ .g ~ RECORDS BOOK 3146, PAGES 0454 THROUGH 0458 ~ ~a s4oro1'zs'w o PUBUC RECORDS a4- sEMiNCx.E carxrY, FLORIDA '' ~~?+ \NdnfE]~.Y LHE OF p~ ~ ..kOb~ ~~~ PWOODED AREA N0. 1 LY1NC 2. BEARINGS ARE BASED ON 7HE N£SIERLY ~,~. ~ ~~ 2 Sod ~h Ou751DE of PARCEL B L1NE Itt70D AREA No. 1 1NSiDE PARCEL 8 ` ~ '~ P.O.B. COMPANY EASEMENT BEING 531'45 52 E ~3 Lor fe0/ Lor 1u 1 Lor f7I IAr Nf nor ffo yy`O6k '~~~ ARFA N0. 1 LYING 3. S1CEf1~l OF DESCRlPT10N ONLY. 7HlS SKETCH L07178 1 MOSTENO~RTHERLYLCORNER DOES NOT REPRESENT A BOUNDARY SURVEY. C41'EENBItlAR SI16dViSION PHASE 2 OT 110 GREENBRIAR THIS IS NOT A SURVEY. PLAT BOOK '4Q PACES ~+2, 4J AND 44 sueDlvlaoN PHASE z 7NE UNDER57GNED AND CAVONE,iNC. LAND SURVEYORS and MAPPERS MAKE NO RESERVATIONS OR GUARANTEES AS TO 7HEiNFORMA710N REFLECTED HEREON PERTAINING TO EASEMENix RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND O1HER MATTERS, AND FURTHER THiS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMAAON SHOULD 8E OBTAINED AND CONFlRMED BY 07HERS 1HR000lf APPROPRIATE iITLE VERIRCATION. ABBREIRA T10NS/LEGEND: NO.-NUMBER P.T.-POINT OF TANGENCY R/11~ RIGHT OF WAY P.O.C.-POINT OF COMMENCEMENT R.-RADIUS P.l.-POINT OF INTERSECTION LS.-LAND SURVEYOR P.0.8.-POINT OF BEGINNING CH.-CHORD P.C.-POINT OF CURVA'R1RE O.R-OFFICIAL RECCIRDS ARC-ARC LENGTH L8.-LICENSED BUSINESS CH.BRG.-CHORD BEARMG ~ CENTERLINE A/C-AIR CONDI7TONER PAD p DELTA (CENTRAL ANGLE) IRAWN by GW ~ W.0.2007-3936 :ADD FlLE: U: \BOUNDARY SURVEYS\IUSCAMfLLA GOLF\NbODED AREA ORAWPNGS\W'OODED AT2EA Ni.MBER 1.OWG D~C 114 2007 BROWN, GARGANESE WEISS & D'AGRESTA~ ~ c Ta0!' WINTER SPRINGS OFFICE OF THE qTY CLERK A~a~ys at.~~ Debra S. Babb-Nutcher" Offices in Orlando, Kissunmee, Cocoa, Tara L. Barrett Joseph E. Glitch Ft. Lauderdale & Tampa Vivian P. Cocotas Usher L. Brown' Scott J. Dornstein Suzanne D'Agresta° Mitchell B. Haller Anthony A. Garganese° Katherine W. Latorre J.W. Taylor Terri E. Oster Jeffrey S. Weiss Amy J. Pitsch 'Board Certified Civil Trial Lawyer °eoard Certified City, County & Local Government Law Board Certified Appellate Practice December 13, 2007 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Third Amendment to Settlement Agreement Dear Andrea: Erin J. O'Leary' Catherine D. Reischmann" William E. Reischmann, Jr. Of Counsel Please find enclosed for safekeeping, the original recorded and fully executed Third Amendment to Settlement Agreement for React Land, LLC and Winter Springs Golf, LLC.. Should you have any questions, please do not hesitate to me. Very ruly yours, ~~ ' ennette Farris Assistant to Anthony A. Garganese /j f Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net • Email: firm@orlandolaw.net