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HomeMy WebLinkAboutYeager, Robert Developer's Agreement -1998 12 01 Hal R. Bradford, Esq. SHUTTS & BOWEN LLP 20 N. Orange Avenue, Suite 1000 Orlando, Florida 32801 DEVELOPER'S AGREEMENT TUSCAWILLA TRACT 15 PARCEL 1-C RECORDED & VERIFIED 1999 JAN 14 PM 3: 39 This DEVELOPMENT AGREEMENT by and between Robert Yeager, Trustee (hereinafter called "Property Owner") and contract purchasers, Zimmer Development Company (hereinafter called "Zimmer", as developer of the Kash n' Karry Shopping Center shopping center project and Contra Vest, Inc. (hereinafter called "Contra Vest") as developers of the Courtney Springs Apartment complex and the City of Winter Springs, a Florida municipal corporation (hereinafter called "the City") is entered into pursuant City Code, and is intended to constitute a covenant covering the property described herein. Reference to Property Owner includes Zimmer and Contra Vest as assigns to Property Owner's rights and bind Zimmer and Contra Vest for obligations on their respective projects. This Agreement is based on the following premises: Whereas, the real property described herein as Parcel 1 C of Tract 15 of the Tuscawilla P.UD., further described on Exhibit "A" attached hereto is located within the City limits of the City; and Whereas, the real property is subject to certain land development regulations of the City, including the "S.R. 434 Corridor Vision Plan: New Development Area" (Ordinance No. 675 of the City); and Whereas, the real property is subject to a Settlement Agreement set forth in Ordinance 489 and recorded at Official Records Book 2277, pages 0464 through 0500, Public Records of Seminole County, Florida (hereinafter call lithe Settlement Agreement"); and Whereas, parties concur that this Agreement deals with issues separate from the issues addressed in said Settlement Agreement, and this Agreement should be construed as consistent with "] ~...:r:- ~L!;\' :/~;- ;""'IJ:: ""' " 0 ' . -':'.' ':":1" .... It " ~ U LJ !', '::<":::.\ ,~ ~ ., ..~.<;: ~.'-1::' 3574 0530 the said Settlement Agreement, and in the event of conflic~~ t!1((ttl~ of this Agreement and the Settlement Agreement, the Settlement Agreement shall prevail; and Whereas, this property has received a Certificate of Vested Rights Special Use Permit from the City on August 4, 1993, which is in full force and effect, and this Agreement shall not cause to affect the vesting status of this property; and Whereas, the City agrees that Parcel lC of Tract 15 of the Tuscawilla P.U.D. may be subdivided and developed into two (2) major projects consisting of a 252 unit apartment complex (the apartment site) and a Kash n' Karry site, and the Kash n' Karry site may be divided into three (3) parcels; and Whereas, Sections 20-458 and 20-459 of Ordinance No.675, the "S.R. 434 Corridor Vision Plan: New Development Area" provides for a Development Agreement for real property such as that described on Exhibit II A", upon a finding that the site is constrained, and extra development enhancements are provided by the Property Owner to preclude or mitigate against any impacts upon abutting properties or the S.R. 434 corridor; and, Whereas, the City Commission of the City of Winter Springs finds that the real property described in this Agreement is constrained by width, proximity to water retention areas on the property, by wetlands, and by proximity to less densely and intensely developed properties; and Whereas, the City Commission finds that Property Owner is making sufficient development concessions and enhancements on the real proper:ty described on Exhibit "A" to authorize a Development Agreement for the apartment complex and the Kash n' Karry site; and Whereas, in consideration for the City entering into this Agreement the Property Owner has agreed to provide certain enhancements for the entire parcel (such as a wall, landscaping, etc,) and 2 ') :j i ~ I;' t ", I t? c ;-. :1- "......-j' Iv.M... .\. "". t ....2. aOOI': . C)^ . .1-\'__ 3574 0531 certain common design themes or criteria (Such as fi:{enUtaU[oi&~rJCVountain maintenance, fencing and landscaping). NOW THEREFORE, be it agreed as follows: 1. Premises Incorporated Herein The City and the Property Owner hereby agree that the foregoing premises are true and correct. 2. Property Affected 2.1 The real property described on Exhibit "A" constitutes the entire property subject to this Development Agreement. A consideration for the City entering into this Agreement is that certain enhancements (such as enhanced landscaping and a six (6') foot wall along the rear of the subject property) and certain common design themes or criteria (retention pond fountain) are being proposed by the Property Owner and accepted by the City. 2.2 A specific implementing development agreement is hereby created for the Courtney Springs apartment site development and for the Kash n' Karry site development as shown on the respective Final Engineering Plans approved by the City, on file with the Office of the City Clerk, Winter Springs, Florida, which by this reference are incorporated herein. 2.3 Where no requirements concerning a cievelopment issue are set forth in this agreement for the real property described on Exhibit "A", then the standards set forth in the "State Road 434 Corridor Vision Plan: New Development Area" standards shall first 3 ,-,'."W'."~""\".:\':--;-~~-'-"':'C ) u.;- 10./-...._ !"';,,:-~\..,Ut\U':;' fWDl'; PAG~ ) 3574 0532 apply, and if no standards ~t1iJ\Hiii8 &fdirfabce, then other applicable City Code provisions shall govern development of the property. 2.4 This Agreement does not and cannot exempt any real property from complying with state or local law or ordinances relating to platting, environmental permitting, wetlands regulations, stormwater, or other matters nor any development issues not directly addressed by this Agreement. 3. Development Conditions for the Kash n' Karry Site ("Zimmer") The development for the Kash n' Karry site shall be subject to the "signage sheet" prepared by Zimmer (Bowyer-Singleton Signage Sheet sealed and dated \ '2. - 2. ~ ~ e, ) as to the specific location and size of each and all signage for the Kash n' Karry and two outparcel sites and shall be subject to the following conditions: 3.1 Zimmer is allowed two (2) ground-mounted, multi-tenant signs - both to be located on S.R 434 frontage. Zimmer is allowed one (1) ground-mounted, single-tenant sign to be located on Vistawilla Drive for the Kash n' Karry center. 3.2. Zimmer is allowed a height variance for three (3) ground-mounted, single tenant signs from 8' in height to 819" in height. One (1) sign is to be located on future out parcel 1, one (1) sign is to be located on future out parcel 2, and the third sign is the one for Kash n' Karry on Vistawilla Drive. 3.3 Zimmer is allowed a height variance from 14' for the building mounted signs as follows: a. The primary sign (anchor tenant) is from 25'6" at base to 33'6" at top b. The liquor store and the eastern most retail sign are from 1916" at base to 21'6" at top and, 4 .--) Ut ~ ICI,.~~ r::EC;llRO~ aOOK PAG~ "~-D. .,. 3574 0533 c. The smaller stores"'~.eftj~Llf6'6'(la1Fltase to 18'6" at top, 3.4 The Kash n' Karry development shall be subject to and comply with the sign regulations and specifications set forth on the Bowyer-Singleton Signage Sheet sealed and dated \ '1 - 2- 98 on file with the Office of the City Clerk, Winter Springs, Florida, as a Final Engineering Permit condition for site development of said parcel, if addressed therein, or if not the requirements set forth in Winter Springs Ordinance No. 675. 3.5 The outparcel No.2 of the Kash n' Karry site shall be restricted to office use only. 4.0 Development Conditions for the Courtney Springs Apartment Site (ContraVest) To minimize impacts to abutting properties and to enhance the quality and design of the Courtney Springs Apartments (the Apartment site) certain amenities have been agreed to by the City and Contra Vest, and shall constitute requirements for Apartment site development. Enhanced or permitted variations from City Code requirements on the apartment site shall be as set forth below. 4.1 Contra Vest is allowed to vary the size of the parking spaces from 10' x 20' to 9' X 20' for one hundred fifty four (154 spaces). 4.2 ContraVest is permitted to construct two (2) wing walls of approximately 60' in length with the Courtney Springs identification sign on the front face of each wall on each side ofthe entryway into the complex from state road 434. In addition, the crown of the signs on the wing wall is allowed to exceed the eight (8') foot height requirement, 5 ') '... a... ,r" "I -.(- ~ ;..I, I ti....;,...\._ '.'.l ~;l1PO<: aool-: . P.A.'G~ -) 3574 0534 specifically the crown oflliElt.W~~~.tfd.sign is constructed may be up to 12' in height for a distance not exceeding 15 linear feet. 4.3 ContraVest is authorized to use 12' Wax Myrtle trees, or other fast growing trees acceptable to the City, along the rear boundary of the property rather than canopy trees specified in City Code. Such fast growing trees shall be planted in accordance with the Canin Associates Landscape Plan sealed and dated \ 'l.- \..- <j 8 and the parties agree that a minimum of 22 fast growing trees shall be planted. 4.4 The site plan, including building, water retention placement, and parking lot layout are set out in the Final Engineering Plans on file with the City and shall govern the design, construction and use of the apartment site in order to ensure quality development and to minimize impacts on surrounding single family development. 4.5 Specific site developments for the apartment site not specifically addressed herein shall be as set forth in the Final Engineering Plans (Bowyer-Singleton plans sealed and dated \ ~ - '2- <3 e ), and if not addressed therein shall be in accordance with City Ordinances. 5.0 Wall Requirement The parties agree and acknowledge that a wall separating the proposed development on Parcel l-C from abutting residential development will assure quality development on the Parcel l-C site while minimizing impacts on existing residential areas by separating intensities and densities. The wall requirement obligation on the Property Owner and developers shall be as set forth below. 6 ') OFFICIA' ~rrl11"OC aoo/'; - "'. '-'PA~GE -~ /: 5.1 357,4 0535 To the rear of the futur<5etlmwr.~ tCV& <r~ of the Kash n' Karry site, the Property Owner agrees to dedicate a 50' x 5' parcel to either the Tuscawilla Homeowner's Association, Inc. (THOA) or the Tuscawilla Beautification District (TBD) for an entry sign to the Tuscawilla residential area within 90 days of execution of this agreement. This parcel will commence at the Vistawilla Drive right-of-way and go in a northwesterly direction, per the attached Exhibit "B". 5.2 The Property Owner shall also dedicate to the THOA or the TBD a minimum 20' x 5' parcel on the east side of Vista willa Drive for placement of an entryway sign in the location depicted on Exhibit "B". The Property Owner is not required to expend any funds or be involved in the actual construction.ofthese entryway signs described in Sections 5.1 and 5.2. 5.3 Zimmer shall construct a brick wall commencing at the western termination of the 50' X 5' parcel described in paragraph 5.1 above, and extending northwesterly an additional 50' at the rear of the future outparcel 2 on the Kash n' Karry site. This brick wall will be constructed of bricks compatible with the wall at the Eagle's Watch subdivision on the eastside of Vistawilla Drive. The balance of the wall along the Kash n' Karry property line will be of stucco construction. 5.4 ContraVest shall construct a 6-foot stucco wall along the southerly property line of the apartment site between the designated wetlands in order to buffer the apartment site and the abutting single family development to the south. The placement of the wall shall be in accordance with the final engineering plans on file with the City. 6.0 The FDOT Water Retention Pond 7 ) un ILl,^,:_ ;;:"t-.C.OROS aD OK PAGE ) 3574 '0536 The City and the cg~tr~~2~td~fit[~0 make the water retention pond being constructed and owned by the Florida Departm,ent of Transportation (FDOT) a more attractive amenity to the Courtney Springs Apartment development and to the SR 434 Corridor. To achieve this, the property owner and the City agree that acquisition of the FDOT pond by the City and the construction of certain amenities set forth below by the property owner will best achieve these objectives. Therefore, the City and Contra Vest agree as follows: 6.1 The City shall use its best efforts to acquire ownership or control of the FDOT pond located on SR 434 immediately north of the portion of Tract 15, Parcel l-C of the apartment site. If the City is successful in acquiring ownership or control, that will permit the improvements, alterations and maintenance contemplated by the parties, then Contra Vest agrees to undertake the following responsibilities as set forth below, at its expense: 6.2 The City and ContraVest shall share the costs associated with acquisition of the FDOT pond site with a cap of FIFTEEN HUNDRED DOLLARS ($1,500.00) from each party. In the event the costs to complete the acquisition exceed this sum, the City shall have the option, but not the obligation to pay the additional costs. If the City is unable to acquire ownership or control, then Contra Vest shall not be bound to the requirements set forth in 6.3 through 6.6. 6.3 ContraVest shall provide enhanced landscaping around the pond per the plans and specification shown on the Canin Associates Landscape Plan sealed and dated \ ~ - t - 9t) , on file with the Office of the City Clerk, Winter Springs, Florida. 8 . ~. . -) 1- - 'r~/CI'" ..,.--~ :::: M ,. ~ , . '1 R 0 (- dOOK - .1l.Vl ~ \ PAGE ) 3 5 7 4 '0 5 3 7 6.4 FDOT will be installu'ifti1b'IU&iYi~I.<1ti!in-link fence and gate around the entire pond as part of the SR 434 construction. Gontra Vest shall replace the chain-link fence and construct a decorative fence along the entire SR 434 side of the FDOT pond consistent with that approved for the SR 434 frontage for the apartment site. If FDOT does not install black vinyl chain-link fence, it shall be Contra Vest's obligation to install the black vinyl fence around the other sides ofthe pond. 6.5 ContraVest shall construct a lighted fountain in the pond. ContraVest shall provide for maintenance in perpetuity for the enhanced landscaping, fencing, operation of the lighted fountain for the pond, and shall reasonably maintain the appearance of the water area in a clean, debris-free condition. 6.6 ContraVest shall provide an insurance policy or evidence of coverage in the amount of ONE MILLION DOLLARS ($1,000,000.00) in Public Liability insurance covering the services and activities of property owner relating to the pond. The policy shall name the City as a Co-Insured. Said policy shall be provided at the time the first Certificate of Occupancy is issued for Courtney Springs Apartment complex. 8.0 Underground Utilities Along SR 434 The City and the developers agree that each shall pay fifty percent (50%) of the cost of construction for underground electric and other utility lines traditionally constructed on poles along the frontage on SR 434 from the western right-of-way of Vistawilla Drive to the western edge of the FDOT pond. The total cost to the developers for construction of the underground utilities shall not exceed THIRTY 9 JF,cWI ~, ~r:'~ ~ ........., /. . ("lDD dOn;.: '., '. i. \.. J h S ,., PAGE ONE THOUSAND EIGH~D T~:g"'BFIVE DOLLARS AND FIFTY SEMINOLE r.r . CENTS ($31,825.50). ...Ll. FL "j ) 9.0 Developers' or Successors' Continuing Obligation Contra V est and Zimmer, or their successors or assigns, shall be responsible for the ongoing maintenance of the landscaping, walls, retention ponds, site amenities and other common areas and facilities on their respective properties. 10.0 Grace PeriodlTime to Cure: In the event the City determines that any of the other parties hereto, or their respective successors or assigns, is not in compliance with landscaping installation as required by this Agreement, or fails to maintain the landscaping as required by City Code, The City shall provide written notice of violation to the owner of the subject parcel or parcels, stating the specific nature ofthe violation and the corrective actions to be taken to cure said non-compliance. The owner shall have thirty (30) days from receipt of said notice in which to cure the violation before the City can declare a default under this Agreement. The City agrees and acknowledges that a default by one party to this Agreement shall not affect the other parties' property. 11.0 Pursuant to the requirement of state law, the parties acknowledge and agree a. Duration of Agreement. This Agreement shall be recorded in the public records of Seminole County at cost to the Property Owner and shall be a covenant running with the land b. Development Issues. Development issues shall be those permitted and controlled (such as building height, permitted uses, parking requirements and 10 "") . . JFF'C!" I i)cr'lltno<: . I 1M _ ; ~ l. ~. \ I v BOOK PAGE ) 3574 .0539 SEI-1INOLt. co. FL other development standards) by existing City Code, including Ordinance No. 675 and the Settlement Agreement, except as said site development standards are specifically modified herein. c. Agreement Consistent with Comprehensive Plan. The City Commission and the local planning agency have found that the land uses and development proposed are consistent with the City's Comprehensive Plan. By entering into this Development Agreement, the City Commission finds this Agreement consistent with the City's Comprehensive Plan. d. Compliance With Other Laws. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Property Owner of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. 12.0 EnforcementlVenue This agreement may be enforced by parties to it by bringing action in the Court of proper jurisdiction to interpret or enforce the provisions of this Agreement. Venue of any such shall be in Seminole County, Florida. 13.0 Parties Bound This Agreement shall be recorded in the Public Records of Seminole County, Florida and shall be binding on the heirs, assigns or successors to the Parties to this Agreement. 11 ") aani(' ,,~ 3574 '., ~~.... ~Jl\U,:) PAGE ) 0540 SEMltWLE co. FL TH ' DONE AND AGREED on this \4 - day of 1)i:: <: Ern(\>it ~ ,1998. N1:~ /~~~ - ~- J~Jt:::;;A/ STATE OF FLORIDA COUNTY OF tJ R /1/1/ ?ft:' The foregoing instrument was acknowledged before me this /S'#-~day of j)Cl:!--~.i8~7fL 1998 by Robert Yeager, as Trustee. He is personally known to me, 01 has PlodtIeed as idenli1i~C1-liun. , STATE OF FLORIDA ., ___~~-/~.- -k#!--i!-/ yAA/ Print Name: My commission expires: ":-;'A~!!rf~;;... JULIE SULLIVAN ~'.> '1>' t-:" ::~ MY COMMISSION I cc 634294 ---':i;~.....l-j EXPIRES: April 6, 2001 .....9r..1~.... Bonded Thill Notary Public Underwrll8/S 12 'J i:' ~ I r I 1\ I '"' ~ r'l) ROC , I I ")'M_. ~i,_\.. t, v 80 PAG:: ) 3574 0541 ~~Z-- SEI1It10Lc co. FL z Co~o.nU DEVELOPMENT~ ' WITNESS: VQm("k rH~ By: iL./i;; r;. Ai"c. s ....J STATEOF ~~~tf;;:- COUNTY OF t> V rP The foregoing instrument was acknowledged before me this 2Z-C:oay of "}:ecaW\ ~ 1998 by ~I ~ L. ~. vY\ rnJVf. He is personally known to me, or has produced - as identification. ...\ "l.\\\U 1111 Ul":~11 ,,'" "'\ n " " ....f.." v.. G "" C'f ~., //, () -j 0'71'3...... '.~~'1o '(. ", .....:0 ~.. ,',::1 '.~ / ~ :: <:-., .' , 0.0 ~ -:. .' .. . ;0>\ ~ ~ ; ::~'. ;~: ~ ::: ," ", .~ <.:i . ~~ ". . Q~ ~. j ....--:."'_.. _ '-'t~ \ ~ ~:" . - ~ (;' :...'-..... MyCommissbn Exnlr'~3 S"'0~IO'I-~her "4 'l'. '. '.....j....~>','.(>::.f...... '.' :,.j,',~\",'" f'" ..... '--.. !..... Jf"" L.)......: -...."..4 l Print Name: My commission expires: 13 .JF F".)' 1\, ~;:- ....llROc tl-\_ I"'h\..' I y \. 80\,. PAG: 3574 0542 SEI1INOLE co. FL WITNESS: f .-( '-'L/C j~~L/v4A,/ Name: Name: STATE OF FLORIDA COUNTY OF 0/1 /1 /1/t) C ) ", ? ]). 811 t Er'L The foregoing instrument was acknowledged before me this /...5~ day of .2k-~.d'tn:-. 1998 by O~,)..o. ()@'/t7C He is personally known to me,-or has prodttceG- ag identification \~~' STATE OF FLORIDA '. ..... ~ VJ~ ....::r& t:.../C' ~ LL. I y.,f'# Print Name: My commission expires: ...~-:~~';j:;;'" JULIE SULLIVAN f:fi)}:'{:l MY COMMISSION' CC 634294 ;~~.~':~f EXPIRES: April 6. 2001 "'~~ O";\,!r,:" Bontled Thru NoWy Public Underwrtl8rs . ,.,""., 14 ,-) JFFIC!A~ ;<F.Ct1iWS BOOK PAG: 3574 05L~3 <) f " ATTEST: ,...t'I' . ~}.-e~ MAR! PIERCE, CITY CLERK """ " ""'0 -'-:.. , V'........ ..... ',.~ ~ \~ ~ . ~ - . ~ CI) : =-' : '" v i" : "'- ; >;:- '.. ~y C!).: _~ :' " '. /..- ~ .' ~.- ..7 .... "'. .... \i :.. STATE OF FLORIDA 0 ~...........~\.\.._., COUNTY OF .5entM.:>olp r S(~.~.:{.f~ DGt.~fh~ . - The foregoing instrument was acknowledged before me this ~\ ~T day ofNevemb&?,i998, by Paul p, Partyka, Mayor of the City of Winter Springs, Florida. He is personally known to me, or has produced as identification, NOTARY PUBLIC, STATE OF FLORIDA Print~AR{~o ;to {1l3'~t'& My commission expires: /-;.: ."'. Margo M, Pierce .~~ *My Commission CC772117 .... ~. ....~. Expires September 1. 2002 THIS INSTRUMENT PREPARED BY: Robert D_ Guthrie, Esq. FRANK KRUPPENBACHER, P.A P. O. Box 3471 Orlando, FL 32801-3471 15 ." d ~ t\ \ ~ \ T I. 1\( 'JF C Ie' 1\, -', ~ ~ ) - D - -' , 0 h.. '~,~' ~,l t<: c.: )300/\ ' ?J\ G~ 3 5 7 4 :0 5 4 4, OVERALL BOUNDARY , KASH 'N KARRY /APARTMENTS/TUSCAWIL~HWlt CO. Fl LEGAL DESCRIPTION COMMENCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA; THENCE RUN S00024155"E, ALONG T,HE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A DISTANCE OF 205.56 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE LAKE CHARM BRANCH OF THE' SEABOARD COAST LINE RAILROAD (S . C. L. ) (100' R/W); THENCE RUN N54034'57"W, ALONG SAID NORTHERLY RIGHT- OF-WAY LINE, A DISTANCE OF 293.14 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 24044110" AND A RADIUS OF 1959.19 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 845.83 FEET TO THE POINT OF TANGENCY; THENCE RUN N79018'14"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 691.26 FEET TO 'THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 11046'38" AND A RADIUS OF 2612.09 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 536.92 FEET TO THE POINT OF TANGENCY; THENCE RUN S88055'08"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 178.11 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF VISTAWILLA DRIVE; THENCE RUN N10023' 19"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.23 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 69000'18" AND A'RADIUS OF 540.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 650.36 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 14057'22" AND A RADIUS OF 710.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.33 FEET TO THE EASTERNMOST CORNER OF HOWELL CREEK RESERVE PHASE ONE, AS RECORDED ON PLAT BOOK 49, PAGES 10-12, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE NORTHERLY LINE OF SAID HOWELL CREEK RESERVE PHASE ONE; THENCE N30022'39"W, A DISTANCE OF 356.04 FEET; THENCE N89052' 39"W, A DISTANCE OF 2100.00 FEET; THENCE NOOo07'21"E, A DISTANCE OF 100.00 FEET; THENCE N89052' 39"W, A DISTANCE OF 47.50 FEET TO THE SOUTHEAST CORNER OF CREEKS RUN, AS RECORDED IN PLAT BOOK 53, PAGES 1-3, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE EASTERLY LINE OF SAID CREEKS RUN; THENCE NOOo07'21"E, A DISTANCE OF 95.77 FEET; THENCE N47003'59"E, A DISTANCE OF 152.67 FEET; THENCE NOOo07'21"E, A DISTANCE OF 18.20 FEET; THENCE N55038'10"E, A DISTANCE OF 58.83 FEET; THENCE N21047'50"W, A DISTANCE OF 73.83 FEET TO THE NORTHEAST CORNER OF SAID CREEKS RUN; THENCE DEPARTING SAID UFFIC!A~ ~::-C:t1RDC 300K - PAG~ EASTERLY LINE, RUN S89052'~5E14A DI~~~OF 16.17 FEET; THENCE N28005'28"W, A DISTANCE OF 85.60 F8'E~; v.rHENCE N24026'37"W, A DISTANCE OF 77.74 FEET; THEN~IIUIDOe2"";r{.Jr"~_"W, A DISTANCE OF 68.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY, AS DEPICTED ON THE RIGHT-OF-WAY MAP FOR STATE ROAD NO. 434, SECTION 77070-2517; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE S89049' 07"E, A DISTANCE 0.F 142.37 FEET; THENCE SOOo10'53"E, A DISTANCE OF 5.00 FEET; THENCE S8 9 0 4 9' 07"E, A DISTANCE OF 200.00 FEET; THENCE NOO 0 10' 53"E, A DISTANCE OF 5.00 FEET; THENCE S89049'07"E, A DISTANCE OF 133.00 FEET; THENCE SOOo10'53"W, A DISTANCE OF 289.00 FEET; THENCE S8 9 0 4 9' 07"E, A DISTANCE OF 800.00 FEET; THENCE NOO 0 10' 53"E, A DISTANCE OF 294.00 FEET; THENCE S89049'07"E, . A DISTANCE OF 1383.53 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT-OF- WAY LINE OF VISTAWILLA DRIVE; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE S00027'38"W, A DISTANCE OF 206.85 FEET; THENCE S05015'00"E, A DISTANCE OF 100.50 FEET TO A POINT ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 63058' 36" AND A RADIUS OF 710.00 FEET; THENCE FROM A TANGENT BEARING OF S00027'39"W, RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 792.79 FEET TO THE POINT OF BEGINNING. ') ) CONTAINING 35.096 ACRES, MORE OR LESS. TUS4/KNK1PLAT.DOC 11/10/98 REV'D 12/2/98 SVB ~ u ~ (/) :;:; ra (/) .C ::;) E ::0 .~ -oJ .~ E ;;:: e .~ :! ~ ~ B u ~ (/) . } ;:: ::;) tv} c:: E ;;:: o L.. .~ o:! .0 to <1> -' .... ~. ') ",cr"lr1c t<,._ vl o ; r. ...fL... ~ l ~ JFF IC!A~ 3001' 3 ~IH~~\\ ,.~.5 4 6 SEl11NOLt co. FL sc.....t.f'oIOO -....-.. - -- -.... -.. -". - -- --.. -:--.... --. - ----.. ----------.- -.... --.. --.. - -- -.. --.... - -. --.. :~ :... ,r... :)( :> :~ ~~ . ... : ~ :~ ~o:: ~a ..., :~ :~ ill :c: ~~ , , , , \ \ \ \ \ \ , , , HESS SITE , , , ..." , .... , ....~ ", ~"~""\.. ::.,)..... ': """, \ .~ \ ~ 1 L-- .<.. ./ , " " :0 :~ ::c :~ ." :t> . ..- ::i;: ~; :~ / .--... EAGLE'S WATCH SUBONISION / -- WINTER SPRINGS FLORIDA: OEVELOPER'S AGREEMENT EXHIBIT '8" JBoWYER SlNGLEIDN & AssOCIATES, INCORPORATED TUsCAWILLA TRACT 15 PARCEL Ie ,,,CIHI(JlIHC .. Pt,AHHtHC .. SUIl'll''I1ttoG .. (""llIlo,.,"r...,,. SIGN AGE DEDICATION :~ :qj :'t :Si :C() : 01 :, : t:1 520 SOUTH MAGNOLIA AVENUE ORLANDO. FLORIDA 32801 (407) 843-5120 FAX 407-649-8664 SHEET IOF I -- "";-' r I ,. , .