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HomeMy WebLinkAbout2004 11 08 Consent 202 .. , COMMISSION AGENDA ITEM 202 Consent X Informational Public Hearing Regular November 8. 2004 Meeting tv Mgr. / Att. / Dept. REQUEST: Acceptthe donation of real property for Magnolia Park and associated road right- of-way in accordance with the development agreement between Schrimsher Land Fund 1986 -II, Ltd., Schrimsher Land Fund VI, Ltd. and the City of Winter Springs. PURPOSE: On June 26, 2000, the City of Winter Springs entered into a Development Agreement with the Schrimsher Land Fund 1986 -II, Ltd. and Schrimsher Land Fund VI, Ltd.(hereinafter "Schrimsher") for the orderly development of certain parcels of land within the Town Center District. As a condition of the Agreement, Schrimsher agreed to convey to the City certain park land, specifically in this case, Magnolia Park, located generally along Tuskawilla Road near the fountain. In accordance with the Agreement, Schrimsher has submitted a special warranty deed conveying the Magnolia Park property, as well as road right-of-way to be used for access and parking. The total land donation related to Magnolia Park is .64 acres. Under the Agreement Schrimsher will still provide an additional .15 acres for park land elsewhere within the Town Center District. City staff has conducted an internal Phase 1 survey of the property through site visits, review of public records, and have inspected aerial. photographs to determine if there would be any environmental concerns on the parcels to be conveyed. Staff is confident the property will pose no such concern. The City Attorney's Office has secured a title commitment on the property and upon acceptance and recordation ofthe deed will issue a title policy in favor of the City. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, Florida Statutes - Municipal Home Rule Powers Act Page 1 of 2 CONSIDERATIONS: The donation and acceptance of this property is specifically provided for within the aforementioned development agreement. In furtherance of the recently approved FRDAP grant application the deed must be accepted, recorded and a copy provided to FRDAP no later than Friday November12, 2004. STAFF RECOMMENDATION: Accept the donation of real property for Magnolia Park and associated road right-of-way in accordance with the development agreement betWeen Scbrimisher Land Fund 1986 -IT, Ltd., Schrimsher Land Fund VI, Ltd. and the City of Winter Springs. ATTACHMENT: Copy of Special Warranty Deed Title Commitment COMMISSION ACTION: Page 2 of 2 ." ) ) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ORNT File Number: 04103202 JARfcc Agent File Number: 1193 Commitment Number: REVISED OCTOBER 25, 2004 SCHEDULE A 1) Effective Date: October 19,2004 at 5:00 PM 2) Policy or Policies to be issued: Amount: a) ALTA OWners Policy Standard Form B 1992 (amended 10/17/92 with Florida Modifications) $TBD Proposed Insured: THE CITY OF WINTER SPRINGS, a Florida municipal corporation b) ALTA Standard Loan Policy 1992 (aJpended 10/17/92 with Florida Modifications) Proposed Insured: N/A $N/A 3) The estate or interest in the land described or referred to in this Commitment and covered herein is a FEE SIMPLE. 4) Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: SCHRIMSHER LAND FUND 1986-11, LTD., formerly known as SCHRIMSHER LAND FUND 1985, LTD., a Florida limited partnership, as to an undivided 50% interest; and SCHRIMSHER LAND FUND VI, LTD., a Florida limited partnership, as to an undivided 50% interest 5) The land referred to in this Commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO. This Commitment valid only if Schedule B is attached. ORDOCS COMMITMENT COMM SUBDIVISION MF01149 .~ ~ ) ) ORNT File Number: 04103202 JAR SCHEDULE B - SECTION I The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and du1y filed for record: a) Special Warranty Deed from SCHRIMSHER LAND FUND 1986-II, LTD., formerly known as SCHRIMSHER LAND FUND 1985, LTD., a Florida limited partnership, and SCHRIMSHER LAND FUND VI, LTD., a Florida limited partnership, to THE CITY OF WINTER SPRINGS, a Florida municipal corporation, conveying the property described in Schedu1e "A" herein. i) Satisfactory evidence that SCHRlMSHER LAND FUND 1986-II, LTD., formerly known as SCHRIMSHER LANP FUND 1985, LTD., a Florida limited partnership, has registered with the State of Florida. In the event the general partners are a corporation or another limited partnership, satisfactory evidence that they have registered or incorporated within the State of Florida and are in current standing must also be furnished. ii) Satisfactory evidence that SCHRIMSHER LAND FUND VI, LTD., a Florida limited partnership, has registered with the State of Florida. In the event the general partners are a corporation or another limited partnership, satisfactory evidence that they have registered or incorporated within the State of Florida and are in current standing must also be furnished. SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE ORDOCS COMMITMENT COMM SUBDIVISION MFOl149 ., ') ) ORNT File Number: 04103202 JAR SCHEDULE B - SECTION II Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: I. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described. 3. Rights or claims ofparties in possession. 4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 5. Easements or claims of easements not shown by the public rec()rds. 6. General or special taxes and assessments required to be paid in the year 2004 and subsequent years. 26-20-30-5AR-OAOO-007E and 26-20-30-5AR-OAOO-0050 7. Any lien provided by Chapter 159, F.S., in favor of any city, town, village or port authority for unpaid service charge for service by any water, sewer or gas system supplying the insured land. 8. Subject to matters of plat ofD.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP according to the plat thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida. 9. Easement Agreement recorded in O.R. Book 2803, Page 647, Public Records of Seminole County, Florida. 10. Restrictive Covenant recorded in O.R. Book 2807, Page 461, Public Records of Seminole County, Florida. . 11. Memorandum of Agreement recorded in O.R. Book 3988, Page 1063, Public Records of Seminole County, Florida. 12. Public Underground Utility Easement recorded in O.R. Book 4773, Page 64, Public Records of Seminole County, Florida. TAX INFORMATION: PARCEL NO.: 26-20-30-5AR-OAOO-007E PARCEL NO.: 26-20-30-5AR-OAOO-0050 ORDOCS COMMITMENT COMM SUBDIVISION MF01149 ') EXHIBIT "A" That part of Lot 7, Block "A", n.R. MITCHELL'S SURVEY OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows:. Commence at the Southwestern most comer of Lot 31, S1. Johns Landing, as recorded in Plat Book 53, Pages 45 through 49, of said Public Records, said point being a recovered concrete monument on the Easterly right of way of Tuskawilla Road (formerly Brantley Avenue) as recorded in O.R. Book 3225, Page 1829, of said Public Records; thence run North 59031 '38" West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly right of way line of said Tuskawilla Road; thence run South 30004'55" West along said Easterly right of way line for a distance of2243.53 feet to the POINT OF BEGINNING; thence continue South 30004'55" West for a distance of 140.00 feet; thence run South 38043'16" East for a distance of 11.80 feet, thence run North 30004'55" East for a distance of 144.27 feet, thence run North 59055'05" West for a distance of 11.00 feet to the \ POINT OF BEGINNING. AND That part of Lots 6 and 7, Block "A", n.R. MITCHELL'S SURVEY OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more pro;ticularly described as follows: Commence at the Southwestern most corner of Lot 31, S1. Johns Landing, as recorded in Plat Book 53, Pages 45 through 49, of said Public Records, said point being a recovered concrete monument on the Easterly right of way of Tuskawilla Road (formerly Brantley Avenue) as recorded in O.R. Book 3225, Page 1829, of said Public Records; thence run North 59031 '38" West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly right of way line of said Tuskawilla Road; thence run South 30004' 55" West along said Easterly right of way line for a distance of 1691.38 feet to the POINT OF BEGINNING; thence continue South 30004'55" West for a distance of552.15 feet; thence run South 59055'05" East for a distance of11.00 feet, thence run North 30004' 55" East for a distance of 552.15 feet, thence run North 59055'05" West for a distance of 11.00 feet to the POINT OF BEGINNING. AND That part of Lots 5 and 6, Block "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Southwestern most comer of Lot 31, S1. Johns Landing, as recorded in Plat Book 53, Pages 45 through 49, of said Public Records, said point being a recovered concrete monument on the Easterly right of way of Tuskawilla Road (formerly Brantley Avenue) as recorded in O.R. Book 3225, Page 1829, of said Public Records; thence run North 59031 '38" West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly right of way line of said Tuskawilla Road; thence run South 30004'55" West ORDOCS COMMITMENT COMM SUBDIVISION MF01l49 ) ) along said Easterly right of way line for a distance of 1478.38 feet to the POINT OF BEGINNlNG; thence continue South 30004'55" West for a distance of213.00 feet; thence run South 59055'05" East for a distance of 158.71 feet to the West right of way line of the C.S.x. Transportation, Inc. "Lake Charm Branch" Rail Corridor; thence run North 15033'47" East for a distance of 220.03 feet; thence run North 59055'05" West for a distance of 103.55 feet to the POINT OF BEGINNING. AND That part of Lots 4 and 5, Block "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Southwestern most comer of Lot 31, St. Johns Landing, as recorded in Plat Book 53, Pages 45 through 49, of said Public Records; said point being a recovered concrete monument on the Easterly right of way of Tuskawilla Road (formerly Brantley Avenue) as recorded in O.R. Book 3225, Page 1829, of said Public Records; thence run North 59031 '38" West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly right of way line of said Tuskawilla Road; thence run South 30004'55" West along said Easterly right of way line for a distance of 1104.90 feet to the POINT OF BEGINNlNG; thence continue South 30004'55" West for,a distance of373.48 feet; thence run South 59055'05" East for a distance of 6.00 feet, thence run North 30004'55" East for a distance of 357.28 feet to a point on a non tangent curve concave Northwesterly having a radius of' 1110.99 feet and a chord bearing of North 09045'17" East; said point lying on the West right of way line of the C.S.x. Transportation, Inc. "Lake Charm Branch" Rail Corridor; thence from said point run Northeasterly along the arc of said curve through a central angle of 00053 '26" for an arc distance of 17.27 feet to the POINT OF BEGINNING. ORDOCS COMMITMENT COMM SUBDIVISION MF01149 1a18S/2884 19:43 4El73276E. ') CITY HALL EAST .) PAGE 84/14 This Instrumunt Prnp31'9d By and Should be Returned To: Mlth8el J. GrIndstaff, Esquire SHUTTS & BOWEN LLP 300 S. Orange Avenue, SultlJl1000 P.O. BO;lC 4956 Orlando, FlorIda 32802-495& Tax Parcel I.D.# SPECfAl WARRANTY DEED I -t\.. THIS SPECIAL WARRANTY DEED IS made the l:..- day of ,Jq"'''MY , 200..1, by SCHRIMSHER LAND FUND 86-11, L TO" a Florida limited partnership, SCHRIMSHER LAND FUND V, L TO., a Rorida limited partnership, and SCHRIMSHER ~ND FUND VI, L TO., a Florida limited partnership, whose address is, 600 E. Colonial Drive - Suite 100 Orlando, FL 32803 (hereinafter collectively referred to as the "GrantorU), to CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose mailing address is (hereinafter referred to as the "GranteeU). (Whenever used herein, the terms "Grantor and "Grantee" shall be deemed to Include the parties to this Special Warranty Deed and the heirs, legal representatives and essigns of individualS. and the successors and assigns of oorporetions. This singular shall be deemed to Include the plural, and vice versa, where the context so permits.) WIT N E SSE T H: WITNESSETH, that the Grantor, for and In consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain. sell, convey and confirm, unto Grantee, all that certain land situate In Seminole County, Florida, to-wit: The real estate described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property'). TO HAVE AND TO HOLD the Property, and all the estate, rlght, title, interest, lien and equity whatsoever of Grantor either In law or In equity or both, to the proper use, benefit, and behoof of Grantee and Grantee's successorS and assigns in fee simple forever. AND THE GRANTOR does hereby covenant and warrant to Grantee and Grantee's successors and assigns that said Property is free and clear of and from any encumbrances made or suffered by Grantor except those set forth on Exhibit "B" attached hereto and incorporated herein (the "Permitted ExceptIons") and that subject to said Permitted 16(68/2664 19:43 4673276E ) CITY HALL EAST ) PAGE 65/14 Exceptions, Grantor will warrant and defend the title to the Property unto Grantee and Grantee's successors and assigns forever against the lawful olaims and demands of all persons claiming by, and through or under Grantor, but against no others. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first above written. . Signed, sealed, and delivered in the presence of: c:\. -rc.h f' ( s~+c,,("( GRANTOR: SCHRiMSHER LAND FUND 86"", LTD., a Florida Limited Partnership By: Schrimsher Inc. General Partner By: ~ A'~ Michael A. Schrimsher Vice President SCHRIMSHER LAND FUND V, LTD., a Florida Limited Partnership By: Schrimsher Inc. General Partner By: ~4~ Michael A. Schrimsher Vice President SCHRIMSHER LAND FUND VI, LTD., a Florida limited Partnership By: Schrimsher Inc. General Partner ~~~ Michael A. Schrimsher Vice President By: 2 16/68/2664 19:43 4673276E ') CITY HALL EAST ') PAGE 65/14 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~ day of Jo..y..vQ,"~ ' 200~;:'by Michael A, Schrimsher, as Vice President of Schrimsher, Inc., General artner of Schrimsher land Fund 86./1. Ltd., a Florida limited partnership, He is personally know'l. to me OR ____ has produced _____ as identification. nCl 0 /J n ~f(~ ~tary Public State of 10 'd at L ~ WANDA L. PENLAND Nolary Public, Slate 01 Florl~a My cbmm. expires July ~O. 2006 No. OD 119na Booded l~ru Ashton Agency, Inc. {80D)f51-4B54 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this h..f{.. day of Ja."'vo.('~ ,2001Pby Michael A. Schrimsher, as Vice President of Schrimsher, lnc" General Partner of Schrimsher land Fund V, Ltd., a Florida limited partnership, He is Itersonally known to me OR - has produced I ~~~ b.ry Public ' State of Florida at Large ~ WANDAL.PENLAND NQtarY Mlic. Stale 01 AOlioa My tomm. explrBS July 30. 200& No. DO 119770 COUNTY OF SEMINOLE Bonded !hlo Ashton Agency, Inc. (800)451-4854 tl", I The foregoing instrument was aCknOWledged before me this lL day of '-1 ~"VIH")' ) 200t~by Michael A. Schrimsher, as Vice President of Schrimsher, Inc., General Partner of Schrimsher Land Fund VI, Ltd., a Florida limited partnership. He is Qersonallv known to me OR _ has produced es IdentG:J1.. '/.. ~ LrYf'fJbliC . State of Florida at Large STATE OF FLORIDA ., . WANDA 1.. PEHLAND NOlary Public. Slate of florIda My tomm. IXlllre$ July 30, 2008 No. DO 119770 Blinded 11lT\l Ashton ADenC}'. IDc. (800)451-4854 3 18/68/2664 19:43 4673276E. ) CITY HALL EAST EXHIBIT "A" Page 1 or8 , ') PAGE 67/14 Sheet 1 See Sketch of Description Included as Atiachment "A. TUSKA WILLA ROAD 11 FOOT RIGHT OF WAY DE DICA TrON PARCEL ONE DESCRIPTION That pall of Lot 7 Block "A". D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book I, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31 81. Johns Landing ~s recorded in. Pl.at Book 53, Pages 45 thru 49 ofsaid Public Records, said point being a recovered concrete monument on the Easterly right of way of TUSKA WILLA ROAD (formerly Brantley Avenue) as recorded in Official Records Book 32.25, Page 1829 of said Public Records; thence run North 59" 31' 38" West along the Westerly prolongati.on of the Soutn line of said Lot 31 for a distance of 15.00 feet to the Easterly Right of Way line of said rUSKAWILLA ROAD; thence run South 30004' 55" West along said Easterly Right of Way line for 8 distance of2243.53 feet to the POINT OF BEGINNING; thence continue South 300 04' 55" West for a distance of 140.00 feet; thence run South 38. 43' 16" East for a distance of 11.80 feet, thence run North 300 04' 55" East for a distance of 144.27 feet, thence run North 59D 55' 05" West for a distance of 11.00 feet to the POINT OF BEGINNING. Containing 0.036 Acres more or less and being subject to any Easements, Right of' Ways or Restrictions of Record. T02.A83.El Prepared by; Tinklepaugh Surveying Services. Jnc. 379 West Michigan Street Suite 208 OrJ.lludo. Florida 32806 (407) 422.0957 This dtlscripti<<n 'lIod the accompanying sketch (lr sketches hos been prepared in aceordlU1cc with the SllImwrds set forth in Chapter 61 GJ 7, FAC., pun:uont to Cho~ 177 and 472, Florida StaMcs. Unless it benrs the signllture and the origiOlll raiged seal of II Florida licensed survqor llnd mapper this drawing, sketch, plat or m is (or informotional purposes only and Is not valid. W. ROBERT W. MONACO, . .S. # 5980 Date: NO -I. 2.G7 'Z. 0 0 2. J ..--- 16/El8/2ElEl4 19:43 tlEl73276~ ) CITY HALL EAST EXIU.BIT <lA" Page 2018 ) PAGE 08/14 ATTACHMENT "A" , Vj 0" v ~ e ~ -~- ~ d-# .... ~ ~<V'? ~v.f~ <?ct Q, <or J'... " if: #& ~ ~ '-Ocr ~.1.. ... ~'~'''l' O. .!Ii Q,V '. ABBRlVJAr/o~ Ii CENTRAL liNGLE R RAOIUS L ARC LENCTH CB CHORD BEAAlHO C CHORD NT NON-TIING[NT R/W R1GHr-OF-WAY' t CEN'lrRUNE ORB OFFICIAl. RECORD 8001< '\ 0" v REVISED: II 26-02 DRAI'.N BY; It NIETO ORDER NO.: T02A83Cl NOT TO SCALE DATF.: '-/'8;02 Tinklepaugh ~ SURVEYING SERVICES. INC, 378 wtS'I IoI1CHIGN4 ST.. SU/lt ;zo8. OIl1ANDO. FI. J2BOe C-wt) 4U-Olltl1 UCEN:!IED BU3Il!ESS No. :t/'1B 1~/68/2664. 19:43 4673276[') CITY HALL EAST EXHIBIT HA" Page 3 of 8 ') PAGE El9/14 Sheet .l See Sketch ofDeserlption Included as Attachment "A" TUSKA WJLLA ROAD 11 FOOT RIGHl OF WAY DEDICATION PARCEL tWo DESCRIPTION That part of Lots 6 and 7 Block "A", D.R Mitchell's Survey of the Levy Grant as recorded in Plat Book J, Page 5 of the Public Records of Seminole County, Florida being more particularly described .as follows: Commence at tbe Southwestern most comer of Lot 31 St. lohns Landing as recorded in Plat Book . 53, Pages 45 thru 49 of said Public Records, said point being a recovered concrete monument 00 the Easterly Right of Way ofTUSKAWlLLA ROAD (formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of said PubJJc Records; thence run North 59" 31' 38" West along the Westerly prolongation of the South line of said tot 31 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKAWILLA ROAD; thence run South 30004' 55" West along said Easter.\y Right of Way line for a distance of 1691.38 feet to the POINT OF BtGINNING; thence continue South 30" 04' 55" West for a distance of552.J5 feet; thence run South 590 55' 05" East for a distance of 11.00 feet, thence run North 300 04' 55hEast fot' a distance of 552.15 feet, thence run North 590 55' 05" West for a distance of 11.00 feet to the POINT OF BEG.INNING. Containing 0.l39 Acres More or Less & being subject to any Easements, Right of Ways or Restrictions of Record. T02-A83.R4 Prepared by: Tinldepaugh Surveyiug Sel;Vicc:r, Ino. 379 West Michioon Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description 8Jld the accompanying sketch or sketohes has been prepared in accordance with the Stlll1dards set forth in Chllpler 61017, .f.AC., pursU8Jlt to Chllpters 177 IlDd 472. Florida Statutes. Unlcss it bears the s.i.gl\!lture and the original raisl::d seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or mo is.for informational purposcs only and is not vlIlid. LN. ROBERT W. MONACO, 3.M. # 5980 Date: NOV. 2(, 2.00 Z 10(08/2604 19:43 40732766 "--') CITY HALL EAST EXHIBIT II A" .Page 4 of 8 ATTACHMENT "A" '0 ) PAGE 1 e/14 ~") va ~ '" '. .... 2 , ~ ~ -~- DETAIL 0-<-' NOT TO SCALE '.... I Tinklepaugh ! SURVEYlNQ SER\1CES. INC. 378 WEST 1I1t~ ST. . sum:: 208' Ol\v.NDO. F\. J2lID6 (407) 422-CllST L1CEt($)lD 9USDll/33 No. me ABBUVIArlOJlS 'Q 0' v '... 6 CfNTRAl ^~Gt.E R RADIUS l. ARC LENCll-i C8 'CHORD BE^RIHC C CHORD NT NON-TANGENT R/W RIGHT-Of-WAY It CE:NlERLlNE ORB OFFICIAl. RECORD f.l(lOK - , .... .... .... , .... , .... .... ""- '\ 0' v REVISED; 11-26-02 DRAWN BY: P.. NIETCI ORDER NO.: T02A83R4 NOT TO SCALE D."TE: 2/18/02 16(6a/2884 19:43 40732766 ) CITY HALL EAST EXffiBIT "A" Page 5 oJ 8 ) PAGE 11/14 Sheet 1 See Sketchof.Description Included as Attaclunent "A" TUSKA WILLA ROAD 6 FOOT RIGHT OF WAY DEDICATION .P. AnCEL THREE DESCRIPTION That part of Lots 4 aod 5 Block "A", D.R. Mitchell's Survey ofthe Levy Grant as recorded in Plat Book 1, Page 5 of the .P.ublic Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most comer of Lot 31 St. Johns Landing as recorded in Plat Book 53, Pages 45 thru 49 of said Public Records, said point being a recovered concrete monument on the Easterly Right of Way ofTUSKAWU,LAROAD (formerly Brantley Avenue) as recorded in Official Records Book 3225. Page 1829 of said Public Records; thence run North 59031' 38" West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the .Easterly Right of Way line Of said TUSKAWll..LA ROAD; thence run South 300 04' 55" West along said Easterly Right of Way Jine for a distance of 1104.90 feet to the POINT OF B.EGINNING; thence continue South 30Q 04' 55" West for a distance 0073.48 feet; thence run South 590 55' OS" East for a distance of6.oo feet, thence run North 30" 04' 55" East for a distance of357.28 feet to a point on a Non Tangent curve concave Northwesterly having a radius of 1110.99 feet and a chord bearing of North 09Q 45' 17" East; said point lying on the West Rigbt of Way line of the C.S.:X;. Transportation Inc., "Lake Charm Branch" Rail Corridor; thence from said point run Northeasterly along the arc of said curve through a central angle of 000 53' 26" for an arc distance of 17.27 feet to the POiNT OF BEGIN.NING. Containing 0.050 Acres More or Less & being subject to any Ease.me.ots, Right of Ways or Restrictions of Record. T02.A83.R3R Prepared by: Tinklepaugl1 Surveying Services., rnc. 379 West Michigan Street Suite 208 Orlando. Florida 32805 (407) 422-0957 Thi, dt:scription and the accompanying skcrch or sketck'l hIlS been prepared in accordance with the Standards set forth in Chopter 61017. FAe., pUTSllllllt to Chapters 117 and 472. Flond!l Statutes. Unloss ir hears the signature and' the: .original raised seal of a Florida llcen!led surveyor and mapper this drawing, sketch. plat or 1M is:fur jnfonnatlonlll purpose.'l o.nly and is not vRJid. 18/68/2884 19:43 ABBREVIATIONS I t::, R L CB C NT R/W <t ORB WiTRAL ANGLE RADIUS ARC LENGTH CHORO BEARING CH~D NON-TANGeNT RIGHT-OF'-WAY CENTERLINE OffiCIAL RF;CORD BOOK REVISED; 12-6-02 REVlSEO: 11-26-02 ._r 46732766 .. ') CITY HALL EAST EXmBIT "AU. Pnge 6 of 8 ATTACHMENT "AI> SKETCH OF - - NOT A ) PAGE 12/14 ~ .. -'I/' <1>'- / o n 'J O~ v "-.. -~- I ~ - POfNT OF BEGINNING 6' R/W DEDICATION PARCEL J I -11 , ~~h ~ <oj ~ ,.1=00'53'26" ~~r'J.~" I~" R -1110.99' ,~ :t 6 ~ L :::17.27' 0-' Q. ":5 nJ CB =N 09.""5'17" E !<.,;# ~ 0 1 "r-... C =17.27'" o b / N 30.04'55" E ~ ~flv"Sv, if I 357.28' .9 ~c;:') J,. ... Q /, ff ""-- 6. DO' 0 () .....<.; Q;"" CO 4: ~,v r--. ~(jLO I; : , v ~. .::.,..l..;, ~~ ~ ,to--V 3 <:;>:.Y Q" ~:/.i ; I! '- '<J d- t? c'J <f: "'I , J,,~J ,,~ ,.g, . Q: . /11/ .... n", "> ~~ ~ . e I <0 c.j'_'V~ ~ 'j~ "-..~ //jV 0'\ p~:'~ '// /j v...u (}.V' ~ l>: , ~U'LO. ! -"- ~'It S- f "-.. <:;>~...., Q. "-..~ '\ , ~ ~ yO. ~ O~ 'v ~ tj "-.. Tinklepough 1 SURVEYlNG SERVICES, INC. 3'9 WEST IoIICHIc;J.N ST. . Svl1E 208' OIll,),NOO. fl. J280G ('0"1) '2~-0957 L1CEIiSED 8USIIIESS lio. :l778 ORDER "10.; T02Al\JRJ NOT TO SCALE: DATE: 2118/02 DRAWN BY; R, NIETO - 1alaa/2aa4 19:43 ".El732766 ._j CITY HALL EAST EX8lB1.T "A" Page 7 018 ) PAGE 13/1" Sheet 1 See Sketch of'Description Included as Al18Chment "A" MAGNOLIA PARK ACQUISITION ( 0.64 ACRES) DESCRIPTION . That.part of Lots 5 and 6 Block "An, D.R. MitcheU's Survey of the Levy Grant as recorded in Plat Book I, Page 5 of the Public Records of Seminole County, Florida being more p~rticularJy described as follows: Commence at the Southwestern most corner of Lot 31 St. Johns Landing as recorded in Plat Book 53, l'ages 45 thru 49 of said Public Records, said point being a recovered concrete monument on the Easterly right of way ofTUSKA WILLA ROAD (formerly Brantely Avenue) as recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 59. 31' 38" West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKAwn...LARO~; thence run South 30.04' 55" West along said Easterly Right of Way line for a distance of 1478.38 feet to the POINT OF BEGINNING; thence continue South 300 04' 55" West for a distance of213.00 feet; thence run South 590 55' 05" East for a distance ofl58.71 feel to the West Right of Way line of the C.S.X Transportation Inc.; "Lak.e Char.m Branch" Rail Conidor; thence ron North 150 33' 47" East for a distance of220.03 feet; thence run North 590 55' 05" West for a distance of 103.55 feet to the POINt OF BEGINNING. Containing 0.640 Acres more or less and being subject to any Easements, Right of Ways or Restrictions of Record. T02~A83.P2 Prepared by: Tinkfcpaugh Surveying Services, Inc. J79 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and Ihe accompanying sketch or sketches has becn prepared in accol'dance: with thc SIMdll1d$ set forth in Chapter 6] 0 I', FAC" pursuant to Chapters In and 472, Florida StatU[cs. Unless it bcars the si(lllatLlJ'c and Ule Orlllinnl raislld sell I of a f'loridil licel'1sod surveyoc llnd mapper this drawlng, sketch, 1'10\ or mnp is . inf01'lllJlUOO_ W' . on,ly Md is not vulid. ~.",:,,- 1~/e8/2ee4 19:43 'H173276E ) ClTY HALL EAST EXHIBIT ttA" - Page 8 of 8 ~ ~!sf S 30"04'55" W ~~ .., 273.00' . ~Q;- ,,& f,? ",y "q,'t 0' ~~ ,. ...~~ ~ *" ~ (l~~ ~..I. ~ ~'':'',. <:)'~~v tt<"- ABBREV[).'l'IONS 6. Cf:N TRAL ANGLE R RADIUS L ARC LENGTH CB CHORD BeARING C CHORD NT NON~ TANCENT R/W RIGHT-OF-WAY if. erN r[RLlNe OR8 omCIAL RECORD BOOK DRAWN BY: R. Nino ORDO? NO.: TOZA.SJPi .NQT TO SCAL" 011 T[: 2/113/01. I! ) PAGE 14/14 :\') ,,0 !:1 ~ e I.. ~ :\10 ,,0 , .. "- --'-- , ... , " " , :\" ,y Tinklepaugh J . SURVEYING SERVICES, INC. )79 WEST I-lICtilCNo/ ST. . SUIrE 208. OfllMOo. nO' J~806 (~O') .~7.-01l57 LICENSE!) BUSINESS )010. 3776 1eje8/2ee4 19:48 . ...~t:w--. 40732766 ..,) , } CITY HALL EAST PAGE ellm EXHIBIT "a" PERMITTED EXCEPTIONS 11. Real property taxes and assessments for the year 2003 al'1d subsequent years which are not yet due and payable. 2. (J Temporary Easement Agreement between Schrimsher Land Fund 1986-11, Ltd., a \o4".,(VF/orida limited partnership, SChrimsher land Fund V, Ltd., a Florida limited r' ~~~ partnership. and Schrimsher land Fund VI, ltd., a Florida I~mited partnership, and r McDonald's Restaurants of Florida, Inc., a Florida corporation, dated July 8, 1994 and recorded July 27, 1994 in Official Records Book 2803, Page 637, Public Records of Seminole County, Florida. ./3. 14. J5. J6. Easement Agreement between Schrimsher Land Fund 1986-11, Ltd., a Florida limited partnership, Schrimsher land FundV, Ltd., a Florida limited partnership, and Schrimsher land Fund VI, Ltd., a. Florida limited partnership, and McDonald's Restaurants of Florida. Inc., a Florida corporation, dated July 7, 1994 and recorded July 27, 1994 in Official Records Book 2803, Page 647 f Public Records of Seminole County, Florida. RestrictIve Covenant (Corporation or Partnership) made by Schrimsher land Fund 1986-11, Ltd., a Florida limited partnership, Schrimsher land Fund V, Ltd., a Florida limited partnership. and Schrimsher land Fund VI. Ltd., a Florida limited partnership, dated July 1, 1993 and recorded August 3, 1994 in Official Records Book 2807, Page 461, Public Records of Seminole County, Florida. . Short Form Memorandum of Agreement between Schrimsher Land Fund 1986~II" Ltd., Schrimsher land Fund V, Ltd. and Schrimsher land Fund VI, Ltd. and the City of Winter Springs dated January B. 2001 and recorded January 10, 2001 In Official Records Book 3988, Page 1063, Public Records of Seminole County, Florida. Road rights-of-way. ORLDOCS 10148078.1 lKP 4 00 ~ rl I'l\ ~ ~ i~ \t~ ~~ ~ \.... ~~ ~~ ~~ ~~ -S:\f\ ~~ t.~ ",l\l '-J~ '_'..H. ..11.. ........ .."B This Instrument Prepared By '. and Should be Returned TCi: MARYANNE MORSE, ClERK OF CI RtUlT CWRT SEMINOLE CIDm BK 05510 PGS 1286-1297 CLERK'S I 2004173483 RECORDED l1/e9/eeM e2l11:M PM DEED DOC TAX .. 7. RECORDING FEES leJ. 5t RECORDED BY L McKinl., Michael J. Grindstaff, Esquire SHUTTS & BOWEN LLP 300 S. Orange Avenue, Suite 1000 P.O. Box 4956 Orlando, Florida 32802-4956 Tax ParceII.D.# 2620305AROA00007E 2620305AROA000050 SPECIAL WARRANTY DEED ~ THIS SPECIAL WARRANTY DEED is made the ~ day of .Jo.'I\\J()"ry 200~, by SCHRIMSHER LAND FUND 86-11, LTD., a Florida limited partnership, SCHRIMSHER LAND FUND V, LTD., a Florida limited partnership, and SCHRIMSHER LAND FUND VI, LTD., a Florida limited partnership, whose address is, 600 E. Colonial Drive - Suite 100 Orlando, FL 32803 (hereinafter collectively referred to as the "Grantor"), to CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose mailing address is 1126 East S. R. 434 (hereinafter referred to as the "Grantee"). Winter Springs, FL 32708 (Whenever used herein, the terms "Grantor and "Grantee" shall be deemed to include the parties to this Special Warranty Deed and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations. This singular shall be deemed to include the plural, and vice versa, where the context so permits.) WIT N E SSE T H: WITNESSETH, that the Grantor, for and in consideration ofthe sum ofTen Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, all that certain land situate in Seminole County, Florida, to-wit: The real estate described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). TO HAVE AND TO HOLD the Property, and all the estate, right, title, interest, lien and equity whatsoever of Grantor either in law or in equity or both, to the proper use, benefit, and behoof of Grantee and Grantee's successors and assigns in fee simple forever. AND THE GRANTOR does hereby covenant and warrant to Grantee and Grantee's successors and assigns that said Property is free and clear of and from any encumbrances made or suffered by Grantor except those set forth on Exhibit "B" attached hereto and incorporated herein (the "Permitted Exceptions") and that subject to said Permitted Exceptions, Grantor will warrant and defend the title to the Property unto Grantee and Grantee's successors and assigns forever against the lawful claims and demands of all persons claiming by, and through or under Grantor, but against no others. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first above written. Signed, sealed, and delivered in the presence of: s~ -t-c he( GRANTOR: SCHRIMSHER LAND FUND 86-11, LTD., a Florida Limited Partnership By: Schrimsher Inc. General Partner By: ~A~ Michael A. Schrimsher Vice President SCHRIMSHER LAND FUND V, LTD., a Florida Limited Partnership By: Schrimsher Inc. General Partner By: ~4~ Michael A. Schrimsher Vice President SCHRIMSHER LAND FUND VI, LTD., a Florida Limited Partnership By: Schrimsher Inc. General Partner By: ~A-~ Michael A. Schrimsher Vice President 2 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this b1~ day of Jo...,^vo..("~ ' 200~~by Michael A. Schrimsher, as Vice President of Schrimsher, Inc., General artner of Schnmsher Land Fund 86-11, Ltd., a Flonda limited partnership. He IS personally know'l to me OR _____ has produced __________ as identification. L~;t~ STATE OF FLORIDA State of Florida at Larne ~ WANDA L. PENLAND Notary Public, State of Florida My comm. expires July 30, 2006 No. DD 119770 Bonded thru Ashton Agency, Inc. (800)451-4854 COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this h.f{.... day of ~o.,^,vo.("y ,2001~by Michael A. Schrimsher, as Vice President of Schrimsher, Inc., General Partner of Schrimsher Land Fund V, Ltd., a Florida limited partnership. He is p~rsonally known to me OR _ has produced as identification. ary Public State of Florida at Large ~ WANDA L. PENLAND STATE OF FLORIDA Notary Public, State of FlOrida My comm. expires July 30, 2006 No. DD 119770 COUNTY OF SEMINOLE Bonded thru Ashton Agency, Inc. (800)451-4854 The foregoing instrument was acknowledged before me this b -t~day of jo.\.wo.rl') 200ifby Michael A. Schrimsher, as Vice President of Schrimsher, Inc., General Partner of Schrimsher Land Fund VI, Ltd., a Florida limited partnership. He is Rersonallv known to me OR - has produced as iden~ficaUL X ~ Lry"PGbliC State of Florida at Large ~ WANDA L. PENLAND Notary Public, State of Florida My comm expires July 30, 2006 No DD 119770 Bonded thru Ashton Agency, Inc. (800)451-4854 3 EXHIBIT "A" Page 1 of8 Sheet 1 See Sketch of Description Included as Attachment" A" TUSKA WILLA ROAD 11 FOOT RIGHT OF WAY DEDICATION PARCEL ONE DESCRIPTION That part of Lot 7 Block "A", D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31 S1. Johns Landing as recorded in Plat Book 53, Pages 45 thru 49 of said Public Records, said point being a recovered concrete monument on the Easterly right of way of TUSKAWILLA ROAD (formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 59031' 38" West along the Westerly prolongation of the South line of said Lot 3 1 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKA WILLA ROAD; thence run South 300 04' 55" West along said Easterly Right of Way line for a distance of2243.53 feet to the POINT OF BEGINNING; thence continue South 300 04' 55" West for a distance of 140.00 feet; thence run South 380 43' 16" East for a distance of 11.80 feet, thence run North 300 04' 55" East for a distance of 144.27 feet, thence run North 590 55' 05" West for a distance of 11.00 feet to the POINT OF BEGINNING. Containing 0.036 Acres more or less and being subject to any Easements, Right of Ways or Restrictions of Record. T02-A83.E 1 Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 ..... This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G17, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat "'QO:~ruli pmposcs only ond is not valid. ROBERT W. MONA~ Date: NO..J, 2ltJ 'Z..Oaz.. J ) I' .;: EXHIBIT "A" Page 2 of8 ATTACHMENT IlA" SKETCH OF DESCRIPTION / SIP " Ill'" -- NOT A SURVEY -- I 9. "" ( 7<~ / <s' ~o' / A.. ~ ~ ~-- ,?~"--~"" ~"... ~~ J; / { ~~t ~~ .L-<- -~ ( I~,~~~ ~~ / /! {Y g;: (, ~ 0 ~ , I /', '} / ,~...... <.Jl'Z- , ~.t ~ 0 ~ I ~ """ I, & / ~ . ... ~~~ 0 ,/ .- - ll::\~ "CJ~:P1!! jW ,>fll~' '1 / ~ /A,~ ~~~ ~.I .4' . ; oS ~ S ~ ~ 11'" / ~ / to ~.I .") ~ .$'8' ~k/) ~ij# ~,/,/ ~" / ~ / ,g>,':?' ..; d $ ff ~ a ~ ~ / ~ A.. 8". :;>..,. .,. ~/,' .......... ~~~ // ~ t:!,,0o&. ~ '^ ,,'I , ^' ~ ~. ~ , R: .;;; ":> <c ~ 1 j J 4f ~.I q'.s'~,! r;) \, 1/,' ~ 0'" {Q Q.I . q,"<..o t- / \ . I /1" ,/ I ~~ ,/ _:?, ~~ 88,>- "c: ; ~ \\ I':;;:", .\~ . '-J / 4' .r---, ~":--:. v;~~!,Iy:. // ~ \ \ ~ ,'~7' ;-'''' / 9: / '" €'';.<(~~D ~.::" '- vJ\t(' / --.J \' /~' (} " ,~ ~ I?~-'l'~,l ~ -1J\to I. \ ~''ll ',,__ A.."'i / ~ ,. "-- q.,;>f(~. D~~VIR.('D /tV{.' &> \' ,..-/ ""r/ $V ~I.'~~€,:r ~ ~~' ~ \ ~ 'So' " .s' /60 ~ .......... o~/,.Ol'. /--.:.. ~ . " ."'1. <s.,( IX I 0"")~<< ~---- I ~ ~ti~ I 0" <So ~ ..........~.:J' ^)'rl i I 'v t q /::'/;1 I :', ~ f'vj I , I I ", g }/'l...lli "'" \ ~ I /' J >/8 / \ A. 'S ...... l'j'/" /;,'~' c; .f:t~ Irj ~/. JE/i1/ v, (~- ~~st ~// 'i,., c)'" ~ ;: "'~ -!J & : v.;I,./" /tsl// 'V (() o0'A... .... .0/1, ~''''l v ~ ..;:- *' ~ $>1,) /f.;' .A...CJ Q:-".oo,~ J/I. ,~ '!'/"~ ~~C3A...<l) ~ all/ /'(}/15,0 -', <:>~~~s (J~ /;/ ,!~ / " '. i - f.:" /~/' ,&fj ~u 1/1 , ' :.:-~~ ' /.; / , , ~ <:J fIl ~ t? "" S 301>4'55- W 9- <- iY 0' 0 A. 0/ ~-/~. Irj 3''<'& (') V:,,< r. ~ Q .....:..? 0........._- 0"A... . 6#& $!f,f f." ~..... " <y ;y </,'" ",__ J' POINT OF BEGlNNlNG 11' R!W DEDICATION " PARCEL 1 " USREY lAf'IONS l::. R L CB C NT R/W ~ I ORB I REVISED: CENTRAL ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD NON- TANGENT RIGHT-OF-WAY CENTERUNE OFFICIAL RECORD BOOK , , , , , " '. ~ a'" v , , " , , DRAWN BY: R. NIETO ORDER NO.: T02A83E1 NOT TO SCALE DATE: 2/18/02 Tinklepaugh I 379 ;E~R~~.~~. :S:~~;:~~~~:.R. 32806 I (40'7) 422-0957 t UCEt.'SED BUSINESS No. 3778 11-26-02 EXHIBIT "A" Page 3 of8 Sheet 1 See Sketch of Description Included as Attachment "A" TUSKA WILLA ROAD 11 FOOT RIGHT OF WAY DEDICATION PARCEL TWO DESCRIPTION That part of Lots 6 and 7 Block "A", D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31 St. Johns Landing as recorded in Plat Book 53, Pages 45 thru 49 of said Public Records, said point being a recovered concrete monument on the Easterly Right of Way ofTUSKAWllLAROAD (formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 590 31' 38" West along the Westerly prolongation of the South line of said Lot 3 1 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKAWILLAROAD; thence run South 30004' 55" West along said Easterly Right of Way line for a distance of 1691.38 feet to the POINT OF BEGINNING; thence continue South 300 04' 55" West for a distance of552.15 feet; thence run South 590 55' 05" East for a distance of 11.00 feet, thence run North 300 04' 55 "East for a distance of 552. 15 feet, thence run North 590 55' 05" West for a distance of 11.00 feet to the POINT OF BEGINNING. Containing 0.139 Acres More or Less & being subject to any Easements, Right of Ways or Restrictions of Record. T02-A83.R4 Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 Gl7, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or ma is for informational purposes only and is not valid. W. ROBERT W. MONACO, S.M. # 5980 Date: t{OV. 2(, J 200z. EXHIBIT "A" Page 4 ofS A R L CB C NT R/W <t ORB ATTACHMENl "A'I SKETCH OF DESCRIPTION I S<A , G):-' -- NOT A SURVEY -- ___~ i ~\ I... ~" J ~~ --"~' Y'~ !t <:5:$ /1.-/ ,^,,-~,:,' IY~ ~ ff ~ ~f f'o-/\ ~~~t\ .1 {Y fff0 ~& I I, 1 / '~"" \),'Z- ... ~ _O:if I ~ \ I~' St / ~ . ,~~~~ Cl ~\~ "v~' ~f:t' W' "~ ,'f' / ~ / ~ ..~tt ; ~ ~.J' tJ~ ~ ~'j'-/-- I <> / .>:. to ~p~J' F II ,/ ;tfp~~~~8 ~,'~/I~ '~:;; q: ,f,:;-~:'" A '/' / ~.J~,f ;;:; '/,// k' ""-.. Q"<...O ~ 0 ,,-WI ,~..::j ") ~~ s?- so:::J / n ~ ~,' ''<J;;~ ,,^, ~ ~ lIo,y, 'U?-~ / ~ \::! .....,. 7 t)' , ... <'/ ~";'''(O~'''DS ~ ~I\ts <~;tvc / -l ~M:; <3 " I1~Q ~~ ~". "-..... -.......:: tvo /. I ~I X. " -"',~~.f(C-"f~~/.9{'D "....~y,vG' tf ~ /~....... .... .... ~( 1i'l;Jf. s)- '? so' " ..oIi'O~"'l" ,... "/ ""-.. l'iCl),Of'. 41' I : <s' ~.:J' .' ~ /~' ; ,I (~~ ~Y.(0)11 1/11,...., f:!!1 .'oJ " I I ' , 1~ ~ 1/" / i " '.... R"-'r II: ' ...... /) , ~,' "/ ,~, " POINT OF BEGINNING , 6~' / " ,,' R/W DEDICATION 9. l!lP~/ /' ,I PARCEL 2 ~ iji ~v '" O.v, ....~'l.'" 1<>:' ~. ~ 0/ \ ~ 1?' V) boo. C)'I fJi-', N 59"55'05" W -<. V) ,1- ci}'<- .J'.fr q' ,1i).J, /j, I 418/' ...., 11.00' () . G'" ~"> 6' Q. ,~'V ~~, 4.; ///1 '....... 'v () 0.-)'.-,..... '<-\.{(;' .o,;y,'/. .. /,.. I '. 'oJ.w ~ ::k ~ tfJ "5,;,,1'1 boo., E" / N 9. "G9::-'<'~ "-r.'f' '" ';11/ ,Ii).I., ,~/f5' ...." n.:.. ,<< 0> ~ (j <:Q' "- '/, lL.... .'~/~. '.... 'V (J "> .t I-. / . J:5!V ISlft: ", ~ ~ QQ;-'~Q.s ............. I,' ~~. 1/ ',~~ V) '-.I ~ '" /,':/1 . ,g-~& J' Ii ~"'............ (j/, &) i:-"Q.Y' , /'( .~; ill .( <0 ~ 0.... '-, ti.',' \ LY~-/ ...... 'vo" ~J}~~ " 'Vi '. '.... r-t ~~" " ,o)~ I .... ,<-''':'" , '0" \J9~ / ' ,,'.!.y ,,'-.I '\ / ;:-~ " 1 OS'Q " "- '~I ,~j''''''/ . ~Oo'S" ct ...." J' ~ I ". ......" / ............. .1\ ........ I ...., \ 6> ' .... a^' ~ ;J>1l' ".... 'v ~~O:~'\ ~ ~ fIl ~ ~ DETAIL 0'" 'v- t-< --- I NOT TO SCALE ABBREVIATIONS CENTRAL ANGLE RAD!US ARC LENGTH CHORD BEARING CHORD NON- TANGENT RIGHT-OF-WAY CENTERUNE OFFICIAL RECORD BOOK Tinklepaugh I 37e ;~R~~~~. :S~~~~~~~L.~~:.FL. 32806 I (407) 422-0957 t LlCENSED BUSINESS No. 3778 REVISED: 11-26-02 DRA\VN BY: R. NIETO ORDER NO.: T02A83R4 ~JOT TO SCALE DATE: 2/18/02 EXHIBIT "A" Page 5 of8 Sheet 1 See Sketch of Description Included as Attachment "A" TUSKA WILLA ROAD 6 FOOT RIGHT OF WAY DEDICATION PARCEL THREE DESCRIPTION That part of Lots 4 and 5 Block "A", D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31 S1. Johns Landing as recorded in Plat Book 53, Pages 45 thru 49 of said Public Records, said point being a recovered concrete monument on the Easterly Right of Way ofTUSKAWILLAROAD (formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 590 31' 38" West along the Westerly prolongation of the South line of said Lot 3 1 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKAWILLA ROAD; thence run South 300 04' 55" West along said Easterly Right of Way line for a distance of 1104.90 feet to the POINT OF BEGINNING; thence continue South 300 04' 55" West for a distance of373.48 feet; thence run South 590 55' 05" East for a distance of6.00 feet, thence run North 300 04' 55" East for a distance of357.28 feet to a point on a Non Tangent curve concave Northwesterly having a radius of 1110.99 feet and a chord bearing of North 09045' 17" East; said point lying on the West Right of Way line of the C.S.x. Transportation Inc., "Lake Charm Branch" Rail Corridor; thence from said point run Northeasterly along the arc of said curve through a central angle of 000 53' 26" for an arc distance of 17.27 feet to the POINT OF BEGINNING. Containing 0.050 Acres More or Less & being subject to any Easements, Right of Ways or Restrictions of Record. T02-A83.R3R Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 '\ \'",; This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 Gl7, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat ( .,~:~,"di,nntV"lid . ROBERT W. MONACO, . .S. # 5980 Date: DEc... ". '2..002,. \. EXHIBIT "A" - Page 6 of8 ATTACHMENT "A" SKETCH OF DESCRIPTION -- NOT A /.~/S. ~o' f J [56 I / ~, J' 8 ~0 ;J'5 / k) ~ / ~~.~ 8 if v{ ~ A.,"" .' /,;;.. ~ ^'- ~ 't;;< ~ 4J;/ '" I ,~, A;a~ /5J S (J~ Y ,0 f:J r, ~ 0:> (j-S.i ."J 0 '" v ;;:: '<" ~ ~;:; SI.. ~d Q8 'b t../ 0' !:) J "y" 1 .... ~ A.. :J ^'-. '0 't;;< 10..0 I I / ~ ~ 0:> & -\- A'0' ~y (l.O !;~.;- 00 ;. cV~ 0:>O<i-^'-,f I") "J ~ -v QS cY I~ q; I (-, t.<. S / / 0:11:,' ",0) S;- So -1 ! Q /:? /': (-1 JOf.tJ:;f.t z/Iv. ~ ("p...v,(O;?.....OS (1 'i:/ ~ 71?0/,0-1 -1 ..vO/ l) I .' v.t,~ O("gU/I?t:' i'vC '0 tv?: "II? "0 / .'0 -1( />l1: Sr '" "';? ("..... S. .0 ~ 01(/O/,: q Q;- Clio ~ ~ 0:> i" <So ~ &) S / o I") 6 R L CB C NT R/W ~ ORB ABBREVIATIONS .g &~ -'. ~ ~iv'0 .g- ,{ &' VJ ",< --? 0:> & Q ~,-... "" " ~'I o(;'^'- 0 Ii "0' .t & t:J; ~ (t <f? . ~~ / ~ -'. f.-.. ..,:;' A'" / QO:!::~S~:a~ ,,/ ~ 4~ ~ '" tg, Q:\ t1 ~ ~I# CENTRAL ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD NON-TANGENT RIGHT-OF-WAY CENTERLINE OFFICIAL RECORD BOOK ~ '\ ()~ v ~ REVISED: 12-6-02 REVISED: 11- 26-02 DRAWN BY: R. NIETO ORDER NO.. T02A8.3R.3 NOT TO SCALE DATE 2/18/02 ~ ",. o , ~I)' ~ ~ / ~ ,~ '-./ ,'J ~ .~~~ ~ /Q:\ f.-.. 0:>' 0:> ~ 0 ') ()~ v ~ -~- I ~ ~ POINT OF BEGINNING 6' R/W DEDICATION PARCEL 3 \)<. a~ v ~.1=00'53'26" R =1110.99' L =17.27' CB = N 09'45'17" E C =17.27'~ N 30'04'55" E 357.28' ~ \( '-.... Tinklepough SURVEYING SERVICES, INC. 379 WEST MICHIGAN ST. . SUITE 208. ORLANDO, FL. 32806 (407) 422- 0957 LICENSED BUSINESS No. 3778 EXHIBIT "A" Page 7 of8 Sheet 1 See Sketch of Description Included as Attachment" A" MAGNOLIA PARK ACQUISITION ( 0.64 ACRES) DESCRIPTION That part of Lots 5 and 6 Block "A", D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Southwestern most corner of Lot 31 St. Johns Landing as recorded in Plat Book 53, Pages 45 thru 49 of said Public Records, said point being a recovered concrete monument on the Easterly right of way of TUSKAWILLA ROAD (formerly Brantely Avenue) as recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 590 31' 38" West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the Easterly Right of Way line of said TUSKAWILLA ROAD; thence run South 30004' 55" West along said Easterly Right of Way line for a distance of 1478.38 feet to the POINT OF BEGINNING; thence continue South 30004' 55" West for a distance of213.00 feet; thence run South 590 55' 05" East for a distance of 158.71 feet to the West Right of Way line of the C.S.X Transportation Inc.; "Lake Charm Branch" Rail Corridor; thence run North 150 33' 47" East for a distance of220.03 feet; thence run North 590 55' 05" West for a distance of 103.55 feet to the POINT OF BEGINNING. Containing 0.640 Acres more or less and being subject to any Easements, Right of Ways or Restrictions of Record. T02-A83.P2 Prepared by: Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G 17, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is inforrnation~ ur' s only imd ~s not valid. ") r_0 EXHIBIT "A" - Page 8 of 8 A TT ACHMENT · A · SKETCH OF DESCRIPTION -- NOT A SURVEY / <s- "0- / ~ ~ ~ / .&- / / f 0- 0~ / ~ / I~ (]) i' (:) ~ \)'f / ~./ .. ~ /l ~t "- CJGI ~ ~ ~ / "r / IQ ~.l. -~. ~ ~ 0 ~ ~ / ,'"5 ~ #~. ~\)0'v&cJ - .") C5 "G ~ ~ Q."t \)'f /~ / JP ~~"',.~ ~~:f q (j I ~ / ~ _~ I.? ,,-. ~") 11< j({-J / ~ ~. 0 a*" -\- '10' ..f:j / / q,C5 ~~ '-j- Q;G ~ ;;<.v-l/. <rS~-tl : ~& / coif a / '\ / ~ , ~./ ~ / ~/ f, ~'v F..,- / ,~ ..:5 , 11< '" 0"' / .<::S 'f / ~ ~ ..I.. I:.) ~ <so ~ $ <.J a ~ ~ ~ ~ -I. G 9 S 30.04'55" W ~~ ~ 213.00' ~Q;- '?' & () 0~'vr>'?' "50()" , 0- .::: "- ' . 'v cJ'<,) ~ d- ~ & Q;G ~ -I. "- Q;-. ~ ~ <y .s; Q.'v ~ ABBREVIATIONS 6. CEN TRAL ANGLE R RAOIUS L ARC LENGTH CB CHORD BEARING C CHORD NT NON- TANGENT R/W RIGHT-OF-WAY ~ CEN TERLlNE ORB OFFICIAL RECORD BOOK DRAWN BY: R. NIETO ORDER NO.: T02ABJP2 NOT TO SCALE DA T[- 2/18/02 'l // ~\J) I I W:-' j ~ '5~ " ---'", :, ~ / I' ~, ~ ~ : I ~'f~">''- ~ ~ : / '0.1 J ")"'~1ro..---'" (;) 9- \ I 7 / ~'" M 'Z. \ I ~ / f "... 19~~ (;) ~ ' 'VI / 0' / .... ......~~ ~ ,- __ ' , "/ ..:~ /~"f ~ ~,' / ~ / ~ t~/ \ \. \/~"t; yn \~ ~//I D a'" 'V -- -- -- -- -- -- -- -- -- -- -- '\ a'" 'V :\'J va ~ (j Co) e '""' ~ -~- I .g. ~q -I. ~ ~~ ~ ~Q;- '?' & ~ 0.:;.'vQ.'?: '\ o cr- .:::" ,. .\ cf~d- r'-\ ~ &<<;G (\'0 ~A. " \...." 0'v Tinklepaugh SURVEYING SERVICES, INC. 379 WEST MICHIGAN ST. c SUITE 208 c ORLANDO, FL. 32806 (407) 422- 0957 UCENSED BUSINESS No. 3778 , '. EXHIBIT "B" PERMITTED EXCEPTIONS 1 . Real property taxes and assessments for the year 2003 and subsequent years which are not yet due and payable. 2. Temporary Easement Agreement between Schrimsher Land Fund 1986-11, Ltd., a Florida limited partnership, Schrimsher Land Fund V, Ltd., a Florida limited partnership, and Schrimsher Land Fund VI, Ltd., a Florida limited partnership, and McDonald's Restaurants of Florida, Inc., a Florida corporation, dated July 8,1994 and recorded July 27, 1994 in Official Records Book 2803, Page 637, Public Records of Seminole County, Florida. 3. Easement Agreement between Schrimsher Land Fund 1986-11, Ltd., a Florida limited partnership, Schrimsher Land Fund V, Ltd., a Florida limited partnership, and Schrimsher Land Fund VI, Ltd., a Florida limited partnership, and McDonald's Restaurants of Florida, Inc., a Florida corporation, dated July 7,1994 and recorded July 27, 1994 in Official Records Book 2803, Page 647, Public Records of Seminole County, Florida. 4. Restrictive Covenant (Corporation or Partnership) made by Schrimsher Land Fund 1986-11, Ltd., a Florida limited partnership, Schrimsher Land Fund V, Ltd., a Florida limited partnership, and Schrimsher Land Fund VI, Ltd., a Florida limited partnership, dated July 1, 1993 and recorded August 3, 1994 in Official Records Book 2807, Page 461, Public Records of Seminole County, Florida. 5. Short Form Memorandum of Agreement between Schrimsher Land Fund 1986-11, Ltd., Schrimsher Land Fund V, Ltd. and Schrimsher Land Fund VI, Ltd. and the City of Winter Springs dated January 8,2001 and recorded January 10,2001 in Official Records Book 3988, Page 1063, Public Records of Seminole County, Florida. 6. Road rights-of-way. ORLDOCS 10148076.1 LKF 4