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Home My WebLink AboutFlorida Country Clubs, Inc. Settlement Agreement -1996 07 18 THLS llYSTRUMENT PREPARF~D B3f AND RETURNED TO: FRANK C: KRUPPENBACHER, ESi~UIRE v, 3d0 NORTH ORANGE AVENUE 3 ORLANDO, FLORIDA 32801 z 0 r m n 0 r -ABOVE SPACE FOR RECORDING INFORMATION ONLY -- NOTICE OF RECORDATION OF FINAL ORDER APPROVING SETTLEMENT AGREEMENT AND AMENDED SET'['i_F_wrr+ w•r s rA~~i~~ NO.1 THE CITY OF WINTER SPRIlYGS, by and through its undersigned City Manager, hereby places of public record in and for the Public Records of Seminole County, Florida, that certain Final Order A~p~p!rovng Settlement A,geement and Amended Settlement Agreement No. 1 dated Apri121, 1994, together with the Settlement Ageement attached thereto, dated June 16, 1993, with Exhibits attached thereto, and the Amended Settlement Agreement No. 1 dated April 14, 1994, with Exhibits attached thereto, all of which are attached hereto as Composite Exhibit "A" The Fnlal Order, the Settlement Ageement, and the Settlement Ageement No. 1 pertain to that certain parcel. of land previously known in the Agreements as Lot 17, and now know as Lot 13, per the Plat thereof, at Plat Book 50, Pages 42-50, Public Records of Seminole County, Florida. Attest: sy ~~ . Print ' Title CITY CLERK Signed, Sealed and Delivered in the Presence of: nt_~ah ~ca_ a 11aa~ rho ~A~ ~ _"'. of Print .~o~h~-~. 1~1{co„ CITY OF WINTER SPRINGS A Municipality of the State of Florida By: w Print Title CITY' MA1~iAGER~-~, r'' ~t -'~ s ~ ~~ . r~+ ~ ~¢~,, • E' ~ o f ~ .v~ ~UIIN1~ W _. 0 0 0 ~ T N ~' ~- :~: r. .r o W ~ T C.!'! ~ w m C; ~~~ . ~ ::. OD ~ ~ ~z ~' .~ ~.~ ~r~ rn c --~ ~- =+c n G' c `~~ z `°rn ice:=. c-, ,. ~- o = r v r,.. '-- ~ ~: m ~ ~ -c ~T O~ STATE OF FLORIDA COUNTY OF SEMINOLE The ore oing instrument was ac nowledged before me this f$~ day of _ , 1996, by /YI C and ~ m . ~ kf ns r and TyennG Day/ 4 respectively, of THE CITY OF 'DTI SPRINGS, FLORIDA,., a municipality of the State of Florida, on behalf of the City. They are ersonal own o e or have produced as identification. My Commission Expires: 'e~~r -y~~~~ MARTHARJENKWS ~Ay CorrrnlMlon CGl0808 * * s+o+~» ~. os. ~aoo eara.a ~-M,a '?,f ~La.~ ao~o-eszaaa Notary Public Name : ~~ ~t-ha R . 3'Q,,n(~c.t1~-~ rn x n r rn 0 r w - o C ~= N ~. ~_ W -v C1't c~i ,~ m - P•-'13 COMPOSITE EXHITTT "A" IN THE CIItCUIT COURT OF THE EIGI iTEENTH JUDICIAL CIRCUIT 1N AND FOR _SE>VLIVOLE COUNTY, FLORIDA -- '\ FLORIDA COUNTRY CLUBS, INC., a Florida corporation, CASE N0. 91-2244-CA- i 6-K vs. THE CITY OF yV'INTF,R SPRINGS, a Florida municipal corporation. w 0 T e~ r ,~- :x: ~ ~~ m ~" ; "' ~ m O .1 i fJ, .. ~ tV FINAL ORDER APPROV7~YG SET"I'LEi1~1ENT AGREEMENT AND m AMENDED SETTLEiY1ENT AGREEMENT NO.1 ~ o -- ~. ~ c~u This matter cue before the Court this o2) of ~4Dr~ , 1994, for the purpose of approving the proposed Settlement Agreement ,and the Amendment Settlement Agreement No. 1, and revised Master Plan for the Tuscawilla Planned Unit Developmern (hereinafter "Settlement Agreeme:t"}, entered into-by and between Florida Country Clubs, Inc. (hereinafter "FCCI"}, and the City of Winter Springs, Florida, a Florida municpal corporation (hereinafter "The City'. Plaiatif~ FCCI and the Defendant, The City, have entered into and executed the Settlement Agreement and Amended Settlement Agreement No. 1 to settle and resolve the above-captioBed case. The Settlement Agreement and Amended Settlement Agreement No. 1 are attached hereto and incorporated herein by reference. The Court has considered and reviewed all proper and relevant matters presented ai the heating, the joint Morton ofthe parties in support of fuial approval of the Settlement Agreement and Amended Settlement No. 1. Upon consideration of the foregoing, t.':e Court enters its Final Order as follows: tirr~ ~_ ' ~:~ 12 ~ 20F,M TCBF' F'. 3113 1. The Settlement Agreement and the Amendment Settlement Agreement No. Z are hereby APPROVED. 2, This Final Order Approving Settlement Agreement and the A.meadment Settlement Agreement No. 1 shall, in all respects, be self-effectuating and shall become fully eaective as of the date hereo£ 3. Arty party to this action may apply to the Court for further Orden as may be necessary ~' or appropriate for the construction, implementation or enforcement of this Final Order Approving ' - w Settiement Agreement or the Settlement Agreement and the Amendment Settlement Agreement No~ -" o 3 O ~ -^•• attached hereto and incorporated herein by referenced, ~ ~' - rn 4. This Final Order shall be permanent and shall remain and be fully enforceable by tip - r w n parties and their successors in interest in the Circuit Court of the Eighteenth Judicial Court in and for ~ Seminole County, Florida. 5. This Court expressly retains jurisdiction to enforce any provision of this Final Order or the Settlement Agreement and Amendment Settlement Agreemet No. 1 upon application by a party to enforce the terms of this Final Order Approving Settlement A~eement or to enforce the terms of the Settlement Agreement and Amendment Set'lement Agreement No. 1 attached hereto and incorporated herein by reference. DONE AND ORDERED this ~ ~ ~ day of ~ r~ ~ i994, in Cizambers at Sanford, Seminole County, Florida. li/ SEYUGUR HfcNSON Circuit Judge 2 _ _ -r.~ .~ i. ' . ~ ,~ ~ I~ t ~LI ill ~• ' ; ~ .;; ~. SC'1'I'LEMENT AGREEMENT 'THIS SETTLEMENT AGREEMENT (the "Agreement"), is made and entered into as of '''` April , 1993, by and between FLORIDA COUNTRY CLUBS, INC., a Florida corporation . ~:~~°~ ("FCCI"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "CITY"). .~ WHERCAS, oit Octuber l 1, 1971, tl~e Village of North Orlando, Florida, predecessor to the CITY, adopted Ordinance Number 64 (tlie "Annexation Ordlnance"), a copy of which is attached hereto and incorporated herein as Exhibit "A", which Annexation Ordinance annexed cer'tair~ property commor~ily known as tl~e 'Tuscawilla Planned .Unit Development (the "Tuscawilla PUL~); o . ~ ~ g iv WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PTtD n _ based upon an overall developrtunt plan/map (a copy of the Tuscawilla PUD plan/map, referre~,to~ • ~~ herein as the "Original. Plan", is attached hereto and incorporated herein as Exhibit "B"; vo WHEREAS, subsequent to the Annexation Ordinance,i~the Tuscawilla PUD was developed in accordance with the Original Plan, subject to certain amendments which redesignated the urea of several parcels; WHEREAS, portions of the Original Map were revised in accordance with a Settlement Agreement dated September 11, 1990 acrd an order of the Circuit Court of Seminole County dated March 25, 1990, resulting in the current official map for the Tuscawilla PUD, a copy of which is attached hereto and incorporated herein as Exhibit "C" (the "Current Plan"); and WHEREAS, on June 5, 198ti, the Florida Department of Community Affairs determined that the Original Plan for the Tuscawilla development was vested pursuant to Section 380.06(ZO)(a), Florida Statutes; WHEREAS, on September 27, 1987, FCCI acquired'approximately two hundred forty-three (243) acres of land (the "FCCI Property" which is legally described on Exhibit "D" attached hereto and incorporated herein) within t1~e 'Tuscawilla PUD; 0 ~~ C ~N m asnaK.t _ __r. '?qm.E, : o:...:r~~,"FC!w~.._: ,c ~ a"W'&S~{{" ':'FS~1Fi#kk1.-- ..-,-. _..: ,yr..~ _ _ ~A ~ ' .YI~~! 1 i :ir. f . 7 ~ *t• . •+~~ '~? ~ ~~: ;~. ~~'"~s,,a,j ; AS, the FCCI Property, being art o th ' ~;~ r'.:.a: ,ill;=a: t i;.. I ~ P f e Tusca ':,~ ~ ;,.~;i:~~aud.,des'' wills Pup, is subject to the terms ., ,~;t- i~ ,,;~ ignations of the Annexat v Ordi ~;~~ ,,{;;C ;,~ 'a~~`?:r ;; i n nance and the Or iginal Plan, as amended, and includes th ~'~~_~' • : following as: sho n ~: ~ wn o the Original Pl .. ~'"• ~ -' ~ a Approximately one hu ed n1 ', ~:r.°~~~ ~ ~ ndr nely (190 )acres currently improved with a golf course, club house and related uses; . " • Ten (10) acres for "guest cottage" uses• ~ Approximately twelve " (12) acres for, ..condominium uses"; and .. . • Approximately thirty (30) acres ~ .. ~ . :. which were: not specified as to use on t1~ c ~~ ~: - Map; ~ N T o "~ WHEREAS r- ~! . in 1988, FCCI submi ~; tted to the CITY plans.~for the improvement of ~ .._. ``. ~, .:: :. of the FCCI Aroperty, with a clubhouse, the 1 - ~ a port1O~ c~ > ~. pans were ~ •~~ ,. clubhouse aPProved;by~;the:•C~~. and in 1989, the '-° m was constructed; ' ~ ' r ~-• w~RBAS, in December, 1990, FCCI sub ~ ~ mltYed. to the- CITY .s t -~, C~'s:PlannmY and Zoning Board) a plan for the dovel taff (who referred it to the i opment• of one hundred fifty (150 E '" . ~ a Propose! for one hundred twee ~ } gucst~ ! . h' (I20)..condomtnltrrn~ as pro osed• .. ~ R the CITY's Plannin ' . ~, 8 and Zoning Board refused to consider FCCI's ro •,, • for develop~t of uesi co ~ P posal ~ ~ E: g stages/condominiums and directed FCCI to" re ~ ~" ~~cil; ~~ .. ~ P sent its~plan to the CITY , ~~: WH~~, FCCI submitted its an the CITY ' • ~ :1= •~ ~ ;~ Council deni Pl to Council and.on June 10 I9 ~ °;i ed FCCI s right to construct either ~ 91, the CITY guest cottages or condominiu ` '~ ms; W~REAS, FCCI filed a Verified Com 1 .` Wtit of .M Paint for Declaratory, Judgment and a Petition for 1 ~damus in the Circuit Court of Seminole ! . ~~ry, Florida In the case styled ~j~ /~ 1 l , .. ' (Case No• X91-2244-CA-16-I~ (the "I-awsult"); '~ .. i . ~. ~+taa.i 2 ,. r ,~ ,~.,.. ; . S, ~~~ . , -:~,;~ ~. 'I:'- FRYi•: :~' ~:-•..; i • ~ , , ` , ~ `. WHEREAS, on March 18, 1992, the .Circuit Court ~.,,O~er referring the anti : , - .of Seminole County,. Florldaentered an •j, p es in the ~ :~~ ~- ~~ ~. Lawsuit to medIatlon; `t. St :~ yV.NEREAS, in an attempt to resolve the Issues surroundln the -. ~ r i; ..., .,. _ '. . mediated the Issues involved in dte litigation on Ma ~ ~~~ . g ..Lawsuit, PCCt and the CITY . Y S, 1992; ... , . • WHEREAS, during the course of the mediatlon,.FCCI and the of the ~ CITY agreed to the resolution Lawsuit; WHEREAS, the CITY has determined that It is in the best interests c~ • of it and its citizeRS - Settle the Lawsuit by adoption of this Agreement which will r . P omote the health, ~fe of.the citizens of the CITY; ~' ~ we~lare . _: WHEREAS, the i :r. .. E_ _ ~ c.+s _ terms of this Agreement have been reviewed by the C ~ rn ..~ , . ,. of Intent to Consider this Agreement has been ro ~ ~ ~ ms's staff and Natice~ - P Pet'ly. iiublJshed: and. ~iven;and this A r been P~perly adopted; ~ ';=~>' .F ~'- .~ g Ge11tent has . :.WHEREAS. further approvals will be required to. ' •, ...:' ... ~: - . ... - . ., ,Ln~lement:thta Agreement ln.the form of amendments to the -Comprehensive . ~ . ' j + ~~ - . land Uso Plan ;IK . ePP~ya1s pursu , ,~ and che.'I~tacawllla PUD Map, as well as ant to other local, state and federal rules and reYulations - ~d (the "Further Approvals "): -. ~ . WHEREAS, .if the court order approvin this . 8 Agreement declares that the Proposed plan for .~ the lltscawilla PUD is vested a ai ~ . ` . • 8 nst the CITY s Comprehensive Plan . development regulations, said declaration shall govern . ~ - ~ ~ ~ and ~Plementing • land . the. CITY's' actions with regard to the Further approvals; and . :. ... . WHEREpS~ the CITY represents that the CITY ~ Y: . has standirtg and jurisdiction to enter into Ag~ement; this Agreement is valid and binding;.and that..8 ~ . ._ ubJect to the:c°un`s order of vested rights and..; to the wither A ;,:. . • ~ pprovals and other conditions :hereof; this A . ~,. with the CI'I'Y's Comprehensive Land Use Plan .. ..gre_ement is in accordance .and development regulaitons. W7f3~.1 m 0 0 T r r ~~ ~, A~ m 3 --~~. y~ 4~ V.~. J .- '~ : r G ~ Yrf A. s -~; p ~..,._ ,~ 1. - '; '` . Furl ^ ..: C_S`.,. ,. `.. ..;WHEREAS, FOCI represents that it is a Florida coiporazion authorized to do business in the. • . r.:~:i ,:,;j .~,t , ..rt.; ., + `. of Florida and that it h ~ ~ ~' ~ ~~ ~ :~~ <`~~:' ` ~ `; ~" .: -,• as taken all necessary corporate action to authorize the execution of this :meet by James R. Mikes, as President, end.that.ihis.~Agreement is binding on FCCI. NOW. THEREFORE, in consideration. of the; above. recitals and the other good. and valuable consideration, the receipt and sufficiency which aro hereby acknowledged, FCCI and the. CITY 4 hereby agree as follows: .' .. .~ . . 1 . a 0 0 ~- r ~~ ,,.,.. ~. aL n rn • W TEgMS AND CONDiTrOIYS 1• .. Ttie foregoing recitals. are true and correct; and accurately represent the ~r :1. •ili:3:lR•t=. . af~ecxing the 'Iliscawilla PUD as of the date hereof, and such, recitals ar . ,ressl ~ ., :. ~ :::::,:::::: • .., ; , e exp ; } y incorpor~ed"" herein and form an integral. part hereof. ~ ~ `` 2• Attached as "Exhibit "E" are legal descriptions of eight ~(8) parcels within,the FCCI Property (referred to as "Parcels One through Eight", respectively, or singularly as a "parcel" or, where reference is to more than one of the Partxls, as "Parcels", which shall be eollectlvely referred ,to as the "Development Property "), 17ie FCCI Property described ]n Exhibit "D" ,less and •cx . the Development Property, shall be known as the "Golf..Property", ,. .. } 3. ~ ..: r. Also included as part of "Exhibit "E" are eighth (8) conceptual plans (reduced in a' from the originals maintained in the records of the C ` ~ ITYj for the development and platting of the Development Pro y ~~ ( ~.i .;~: .~.= :::.- :. .. . ,. l~Y ~ sixty-nine (69) single-famll lots the "Conce foal ` ., _~, p Plans "). Subject to the '.Approvals, the Development Property shall. hereafter be..developed with six -nine, • Sing family, detached. residences on lots _ •~~ ., : ~ ~ , ~ .:. :.• ~ ,. . . as generally depleted on the Conceptual Plans and the new . .. ...; a-.. plan for.the Tuscawilla PUD which incorporates the Conceptual Plans into the, Current Plan (the .Proposed Plan"} attached hereto and incorporated herein as Exhibit "F". ^No other portions of th FCCI Property ,shall be developed for single-family, multi-family, hatel/tnotel, guest cottages, or . ether residential uses. ,asrrxi 4 ., :.;~ar~s :~-:,;.. Fr r•.' t ..a ~,_ , ~~.. ~, ~w ~~... >4: The Conceptual Plans have been revlewed'b AY, : y ~ th`c CITY'a'°ataff and, iubject to rite ...: ~.. PProvals, shall constitute acre • ~-'' •`"!' ;" "~.:~ td` ~~~.. : ~ -. :: s,~' ~ ptable conceptual plans`fordeveloptnent ofiin~le-`fainily`Iots~~ -- ~ ~F 'acknowledges that it shall b equired to ciir ~ '~ '' ~~ e the •F . rather Approvals and th ~ ' z- t .l:F ~~ ~ at It_ zttuitcomply y ,with the applicable CITY Codes for ro ~ :.`..._. ...:'. ' ~~~~ ~~ app val of preIlminary`~and fats! engineer ~ (•'.°~„~. `` .::'! . ~g P atis`and'pla~ts. 4';~.':Y FCCI may complete at its discretion and on its schedule tha _ p urinary and final engineering' for .,~ ,r .:. the respective Parcels and shall submit such~preli`min~ ~~ ~ . ~ 8 ^• ~ ~ ~. ~.";~' ~ 4. -~ . .ary andfinal cn~~lneering plans and '`r~' " CITY for ~ plats to~the~ . applicable review and approvals (it being understood that en~irieering pjani ~,' ~: ~'. ~.. i•*: ~' P v>~~ m be submitted for~individual or multiple parcels);' 'The CIT'Y~agrees~ to ex i ~ "'~'• '~ ~'~' `~~~ ~° g ' P~ ~ land' accommoda~ tltt~ ,. preluninary and -final review process as quickly as'cati ~ccago '.; ' " ~ c ~~ ",`, ~`'. • . ' ~ -.. : {: ~ ~ ~: i r :: ~ ~= . nably~ be~ done: ~ The CITY ~sha11`ta~e'aIl _ ~-.- _ ~ . steps required to effectuate this Agreement and to pcomptly~review~all''`ap tleations for ~' ~ ~~ ~' P deveb~me~ ~ L of the Development Property in accordance with ~ this' Agreement. '' ' ~~ ~ ~ N` ~ ' .. •~. S• ~ The FOCI Property is subject ~to those Effluent; Disposal Easement A ee ' . gr rnents between Winter Springs Development Co ~"' ~ ~'~ ~ "' • • rpocation and Seminole Utility Company filed• in Official Records Book 1704, page 1179 and Official Records' Boor j1892, pago 72,'of the Public Records of Seminole County, Florida '(the "Effluent Easements ").~~~ 'The Effluent ~Easenients permit the CITY to spray up to nine hundred forty-three thousand (943,OOOj gaJlona~ per day of effluent on the' ~~ n ai ' ope eas of the FCCI Property, Approximately one hundred forty (140) acres are~needed to- dis . pose of such quantities of effluent. To the extent of the CITY'a le al ' .::.. r_ -~ : " _ ~ .. g authority ~to do ao; the CITY ~shalhrelease the Development Property from the Effluent Easements at the tiine~ that the final lar for '~~~ y . P each Parcel ~ aPPro~d by the CITY; provided FCCI shall~at all times ~malca available to'the~ CITY not Less-than one hundred forty (140) acres for effluent disposal 'on ~ the Golf Properly: ~' ~ FCCI shall ~ I "~ " ~ '' nstall such lines as arc necessary to compensate the CITY for any effluent disposa111rtes and areas lost b virtue . y of the development of the Development Property. ~ ~ • • asn+U~.i S ~'rt:,~ r~.:, p .. .:v--' - ~, %~' ~ ~ , .t [t is the intent of the CITY and FCCI to encourage and promote development of the ,~.~~: pment Property in accordance with this Agreement.-'t:Therefore, the CITY. and FCCI: agree ;follows, subject to the Further Approvals and compliance' with: this.Agreement: ;~ -~ ~~ . i:' ~. ;' Mw ;~'~ r Ari :7~:: , , .. (;Q. ~~~ ~. ._'; `= - ~ b. The Golf Property shall be used for the purposea~of operation of.a country ~ _ -~~~ club, golf course, tennis club, club house/restaurant, ;.golf and ~tennls teaching and .train i.r~ , r~ .- . i:' ~ ~' facility/school/academy (with no on-site residences), storm water.. drainage. retention and, dud~io~ ~`i `~" ~ for, tha• Development Property, effluent disposal and reeate_ d .yses,; Seyerat of ~the;Con . ~ ~P~ fans: ~ - ' ~ ' '~ . - .. ~~ ` off' ..~. G :.: depict lots on areas which are currently improved with the. golf.course°and.it Is understood that.~~Ccik,~ x ' shall relocate the golf improvements so that the lots may be;accommodated in harmony,with.the gotta m - ~ ~• course. FCCI may remove two tennis courts w accommodate the. lots In Parcel Seven and may, at - its option, reconstruct them in another location selected by FCCI, subject to approval of the Location by the CITY, . FCCI may create lakes, waterways .and other easements on or over the Golf Property to provide for stormwater retention, detention, and transmission.. FCCI may construct new buildings on the Golf Property, Including the relocation of the course maintenance building, a golf academy building, new course resuooms and other facilities to accommodate its'husiness as it may change in ~~ the "future, and the existing cafe and tennis buildings may be relocated to other locations in the area of the clubhouse; subject to the approval by the CITY of the ~locationa of any~new.facilities:: = .~-, . .. ~ c. ~ Each Parcel shalt be deemed to have mei all t~it~emt~ fpr ~ ~ ~ sine coverage, The Golf Property shall be taken into account' as open•apacc for developtrieiit'ofihe: Development Property Pursuant to the Conceptttal Plans. -•-' •• ~ . .` : ~ ~ ;t , ' ~~»~ ~ ~x . ~ ,- • ~ d, The CITY shall cooperate with FCCI to removaorrelocate a1I ""` `~' . easements on the Develo meat Pro e P .~ >~. ~s `'~ r ~ ~~~ `x ~~ { ~h, ~~-_ ~; P p rty at the ea ease of FCCI,~subject to, the'ressonabladt:aia~ `- '. A' .y' ~ ,,,,Y .~. ~ ~ ~ ' 6 . .. S: ;~' . ~rti.' ;1j: ~;; ~> a. FCCI shall be authorized to develop: the FCCI property In accordance.with ~:, . =this Agreement, . - :,~ :: }:. •. ,. .. -.nary iEFiCikl r~~~~~PAGE BOOK 3102 1364 SEKINOLE CO. Ft_.. oval of the CITY's staff engineer, not to bo unreasonably withheld. tFCCI-.may use-any . ~~ _ ; or right-of--way of the CITY to make connection to~.CITY utility. lines, subject to reasonable of the CITY's utility director based on appticablo.rules,.regutatlona;.atandards and policies e. FCCI shall be permitted to construct cul de sac roads (as depicxod oa. the i'`~' k :~ ~~: _~_ ~~` 3 ~~ Concc teal Plans ~ ; ; p ) to service the lots in Parcels Seven: and Eight, with only one entrance to each on Y, . ,.. ~: Winter Springs Boulevard. FCCI may make curb cuts and have driveways for each -lot on Winter ~; " ~ Springs Boulevard and for each lot on .Northern Way, ~ except for the lots In Pazcet Seven,'whicb ::shall have an interior cul de sac as depicted on the Conceptual Plan. No turn or deceleration lanes .shall be required for Individual lots on Winter Springs Boulevard and NoNtern Way. ?he struts . W be constructed on Parcels Seven and Eight may aL FCCI's ogtlon be either: (n private with electric .or.manned security entrance gates, or (ii) publicly detilcated: and ,maintained without security gates: .. .~ . Even if they are private roads. they shall be construcxed xo, CITYystandazds for dedicated streets. and .FCCI shall provide emergency access as:reasonablyrequired•by~tho :CITY;. The CITY wilt not ~• °~ objecx to any roads In Parcel Eight being located ~within• or:acroas areas ~aubjea to. CITY easemenu. The streets may have landscaped islands located within;.the turning circles of the wl de sacs. No sidewalks shall be required on any of the lots in .Parcels Seven and Eight. _~ ~ f. Subject to the reasonable requirements of the CIT'Y's staff engineer, the storm drainage retention required for the Development Property may, at FCCI's option, be provided on • the Golf Property (to serve the simultaneous purpose of an amenity for the golf course) and maintained by the owner of the Goif Property. .. 7. .The CITY acknowledges that the owners and developers of the Tuscawilla PUD have relied in good faith on the annexatloit of said property to the. CITY,and the approval of tha Original ... - ~ ~ Plan, amendments to the Original Plan and numerous permits and other approvals, authorizations and agreements by the CITY; and that they have Incurred substantial expenses and obligations in reliance .~ .srrsx.i 7 •yi . F.,a_,,, ~"1 .. ~FtiCIA~ r,~Cufi~~ -~ BooK. pact ~~: ,~ ~:~.~ ~ 3 t 0 2 1 3'6 ~ . ~. ~;: s• . Si:!~;INOLE CO. Fl.. . `~ ~ and that they have so substantially than ~ ed `their' sition'thaf its • ~ !d be unf ' ' _~:- *., _~z, J ..; 8 . Po woe air to take y~the development rights provided pursuanC to`` the'' Or'iginal' Plan.~-'~ -The "CT'I'Y~`further y. ~: f;fF; ~: :~' •' aclmowiedges that the Proposed Plan, as compared to the Original Plan, pis leas intensive and creates ~'~ ~ ~ - . ~s:=fewer impacts in that the number of permitted dwelling units has been reduced from 9;636 to'$;085, L .'~M • .~ -.~ rte..-. "' ! ;..1 ~. ... i :• =~~ ~~:and the Commercial and Office acreages have been reduced from 89•acres to 81.0 acres, as:ah~own ~4' ~ ~1~ ~~.;r ~ `~ ~' `~ •on~the`Comparison Matrix attached hereto as Exhibit "G": The CITY further aclcnowledgea that the facts stated in this paragraph meet the standards for granting`a Vested Rights Special Uae'Permit for the Proposod Plan, subject to compliance with the procedural •requirements of CITY Ordinance No. 534, or the approval of the Proposed Plan by a court o'rder,~~' By its execution of this Settlement .;. ~ -. Agreement and its approval of the Proposed F'u~al Order; the CITY.requeata approval by the couit :i• t .. y t :' zi` ~,r^.: din t'. ~. ... i ..:. a ~ . ~ .. - .. 1, . of the Proposed Plan as a vested plan of development as;defuxd.`in CITY Ordinance No. 534. ~ ~ ~. 8. In the event of any conflict between this Agreement and any other ordinance,~approval a::~~:aii; :;.::~ :- oc •sirnIlar matter regarding the 'Iliscawilla PUD or the FCCI Property; this Agreement :hall control ,_ ..... and govern the rights and obligations of the parties hereto to •ttie extent permlasible-under the law; 9, This Agreement Is, a compromIse~of disputed claims and the execution ~of the • document is not to be conswed as an admission against either FOCI oc the CITY. Upoa exeaiiion _ of this Agreement, the CITY and FCCI shall execute mutual releases for all metiers Involved Iri~the r .. ,j - Lawsuit in the form of Exhibit "H" attached hereto, except• that each parry shall except Its right: as 'set. forth -herein. - - ~ ~ - • 10. Upon execution of this Agreement and•ratifIcation by, the CITY Council, FCCI and the CITY will petition the Court for entry of a Fatal Orden in the form attached hereto as Exhibit 'I" (the "Proposed Final Order") and FCCI will dismiss tha Lawsuit with prejudice. The•Court, ' ; . ~ '.. however, shall retain jurisdiction over this mater and specificallp'as ~to this Agreement, In order that ~~ al1'disputes hereunder may be resolved by the Court, pursuant to such~proceedings as the Court may asrra~.i g _ r.. .. r . _--_ __ -~asu~ ~ ._ _. - •'~~:` ~~ BOOK PAGE • :~; ,r ,;.;- ~~; 3102 i36S ~ ~' ' ~ ~ ~~' ~ ' . t,'1 S~!~!~NOLc• CO. FL. :_ " ~ ~ I~ ~ in order to accomplish the foregoing. The prevaIlin~ party;ahall be: entitled . to ' - any ~ and all 'costs and expenses, Including, but; not limited _ to, reasonable attorneyrs' -fees, Mt• ~ ~' ;:.t ..-1•:'x.7 y+r«tf,1.Y !~'..,yjd~l'w r{~;~ ~ ~., .• ^. ~~ ~'~~ ~i' axput witness fees, and other professional fees ~ and expetses' associated therewith: "`"~! ~', ~ # ' . • ~ ~~~• jfi :. .. i4 r. ..s, R 't~`..~!,. ~~~+i'~c,, ...*t ~ a~ t t r i '• ~~ :: 11. This Agreement shall inure to the benefit'of;. and be binding upoa,'FCCI and: the -, CITY, their respective beneficiaries, successors and assigns, acid any successor id•titk W FOCI shall - . -~ :[~!`~„.~. have all of the rights and obligations of FCCI as set forth In thin Agreement. _ ,.TS - ~. ~` .~ :~;.; ~ l ... ;, 12. 'This Agreement contains the entire agreement of the parties hereto with respell to the matters involved in the Lawsuit as set forth herein. Any changes, modification or amendment to this .; Agreement shall only be binding upon the parties if in writing and executed by FCCI.and the• CITY, .. i ,: .: . ~,• ~ z . and adopted~by a resolution of the CITY: _ ~ '• .. .;. ... 13. This Agreement shall be performed a~l~~construed~ in accordance with; and only'to :, ~t~ .. • the extent permitted by, all applicable laws, ordinances; rules and regulations. If any provision of ' . _ ~.. .!s .qtr . k : . = •~~,. , ,. , this Agreement or the application thereof to any personor•circunutances shall for any reason, end : ..' ~ rtr~..: ••• . ~ • ~.'.. •.. to any extent, be invalid or unenforceable, the remainder"of thls`Agreement and the application of !, such provision to other persons or circumstances shall not be affected thereby, but rather shall be .~ ~ . enforced to the greatest extent permitted Eby law. IN WITNESS WHEREOF, FCCI and the CITY; have executed this Agreement as.of the date . and year first above written. ,~: ;~ ~ ~ ' ;.. Witnesses: ~ _ ~ "FCCI" . .FLORIDA COUNTRY CL INC., 'i ~' a •!1' a Florida co ration i~s .~..~ • •::~;; ~; nines R. Mikes' President 9 - -~ ~ -- .~~~~ ~' ... BOOK PAG:. ~' '" ' "~ ~~ 3102 1367 ~;1: ~: I ;~'; •, ~ x :~ = } SE~lING~E CO. FL. ' ~.,: `~.:: ~r-~ _~ "CITY" _~~- . THEC oFwINTEtts cs,.l~,oRIDA .~ '_' Flora a nlcipal anon:. , a. . . ~~ ._~ .~.~~ ~' H ~~ y~ >. ., ,• ~" ~;;: ~ .. -.. .~-.~• .~ A9 Its: Mayor . ~. _ ., `. ST1 ... . . ,'.'ISTATE OF FLORIDA ) ~` _~~'$ •~~COUNTY OF SSMINOLE ) y 7~ ~ ~ ~'~_ ~'i ea~~ ~? . ' ~ ~ The foregoing instrument was acknowledged before me~ this° 1~ ~:. ;day o ;~, .•~~ ,,*i99'3, by : _ ~~ :_.' James R. Mikes, President of FLORIDA: COUNTRY CLUBS,':~INC: s ~Florlda-~a~rpocadion on ;"` ,behalf of said corporation. Ha is personally ~~ kn~ ~to ' me`~ or ~ has produced "`.~ `~~ as identification and did/did not-take an oath. ~•...., ~,:~~, .. 4 ~ 6'~- ~: i ~ ~,,. ~ '..: aY Notary Iic Mq,~ ~O~tTo ~~ ~: ~~'`' ~ Commission No.: G G A'9 ~ '~ D ~', ~ ' -~~" My' Commission Exptr ~ ~. ~tAttT fV7LICt rtATIF CiF fifYiia~- s ~ ly7 CgffaifaGti ttXtittf Al RIL 0~, t _ STATE OF FLORIDA ) toi~csn uiau~~ct>aT'f ito`T~-xr sic • CC .. t J ~ 4. )VV• ' M • COUNTY OF SEMINOLE ) . ~ The foregoing instrument was acknowledged beforo me this ~_ day 01993, by : ~ ~~ • PHILIP • A. KvLBES ,Mayor of. ;the .CITY ,OF _ ~i~fN'I"ERt"SPRINGS, . FLORIDA, a Florida municipal corporation, on behalf of iaid'corparation. '~He. is~personaliy known . to me ~ or has produced ~ as identification and dididid no cc an oa'di: . _ ~ Notary bile Commission No.: My Commission Expires: NOTARY rN6~iCr fTAT• ~ M,ORfOA AT LAROS MT CO1MMiff10N tXriRtf AtiONfT 3y. 11l4 fONDED THRU~AOiNT'f NOTARY dROKiRAO{ LEGtBbljy UNSATISFq F0~ MfCnOFiL~1tryG WORY snxi 10 ' iFtsClAlr~L'`v'n:!~ EOOK PAGE 2 1368 .. .1 Release and Settlement Agreement (Agreement) is made and executed this 1993, between Florida Country Clubs;Inc..:("FCCI"):'and the Clty;vf;yVinter e "City "). ~+~ ... ..':~ . .. ~ ~ . ~ , ` WHEREAS, there is currently pending certain litigation which involves the parties to this Agreement entexi Fic~rida Gount*v Clubs, inc v_ City of Winter 4nrino., Seminole County Civil Case No. 91-224-CA-1trK (the "Litigation"); and -t .~ ~ - .; . . . ~ ::: 'WHEREAS, within the Litigation, FOCI has asserted claims for damages agalnai the City and the City Chas asserted counterclaims against FCCI; ~ and ~; ~ •. ., .: ,. . , .:~ . - ~~WHEREAS, no party admits tiabiiity to any other. party,,,nor:doea any party: admit ~04 j acknowledge the truth of the allegations or defenses raised in the~Litigation; and WHEREAS, the parties have agreed to settle their;; differences: without further costs or_ litigation pursuant to that certain Settlement Agreement between the parties of even date herewith (tbe. "Settlement Agreement"). - . . ..:.:: ;_- NOW, THEREFORE, in consideration of.the promises~and mutual covenants.contained.izz the Settlement ~ Agreement and herein, and other, good.: and ;; valuable ~ conaidtratlon~=the: "Consideration")- the receipt and adequacy of which are hereby acknowledged, thepartles~zgrea as follows: . ~ . 'This Mutual _ay of , Springs, Florida (th i' 1. In exchange for the Consideration to FCCI, FCCI and ita corporate predecessors and successors, assigns, shareholders, officers, directors, emplvyees;~.parent compatiiea, •ubaidiarias, affiliates, agent and indemnitors, hereby forever release ~rtd.dlscharge the City, Its ~commiiaiotiers,,~ employees, affiliates, attorneys, representatives, agents and lndetnnitors, from a11.~claima, ~d,~et~nds, l damages, both compensatory and punitive, debts,~dues,.costs~_atiocneys fees,_actions and.pwse~of, . action, whether arising at law or in equity, whether- sounding in. cantr~act or in foci; ~ ~ ~Rfi'based on statute, contract, common law, rule or regulation, whether direct.or'conse ential li ~ ~idated ~o`r -- .. ~4u. ~ 9u...::... . unliquidated, known or unknown, which FCCI now has or may have, for, upon or by reason?ofang matter, cause or thing whatsoever existing on or at an time riot to the date of this A ~ ~ a ~~ ~~~ Y P, greemenrwith regard to the Litigation. ~ ~ ~ .. ~ ,.. ~ - ~. 2. The City and its commissioners, employees, affiiates; agents and indemnitors; hereby forever release and discharge FCCI from any and all claims,;demartds,.damagea,_both compensatory and punitive, debts, dues, costs,. attorneys' fees, actions and causes of action, whether arising at law or in equity, whether sounding in contract or' in tort, whether: based on statute, contract, common law; rule or regulation, whether direct or consequential; ,liquidated. or' unliquidated, • knovm or unknown. which the City now has or may have, for, upon or bye reason of any matter, cause or thing whatsoever existing on or at any time prior to the' date of'.this • Agreement with regard to the Litigation. • osr~aora.t ..~..,....-n.....x.~-_......-..__._ _ _ _ ~.: _~i.. Y~ S' __ Cri:iChl ncLun~J '$!OOK PAGc ~= _ ~ l 02 1 360 ~~ ~ ~ • ~• 3.: Contemporaneous with the execution of this A reement, FCCI :halt execute _ ` ~ documents required to accomplish dismissal and shalt disri~~tit'~efi~dice and without costs, the ~; entire Litigation. .. .: :~ . ~,.:. .. .. is ~ ~. _ ~~'~ ~4. ~ This Agreement shall operate to forever.set;le,;adjust and discharge all claims which ~~~, ~ , FCCI has or may have against the City, or which they City has or may have against FCCI, .with s~ ` ~~~ ~. ' regard to ,the Litigation. This Agreement shall be binding ion; and Inure to the benefit of the successors and assigns of the parties. ~ ~' `'f~` " ": . ,, 5. FCCI and the City agree that they will refrain from commencing any action or suit, or grosccuting any pending action or suit, in law or In equity, against one another on account of any action oc cause of action with regard to the Litigation. which now exia~ts or which may hereafter h' e ~• i th ' f th b f f is I ti ~ f th date f th' A wheth ~. 1~7.^t•r ~~= .. ;: ,, ` accrue n err avor upon a eats o ac ex s ng as o e o a greement, er presently known or unknown. to addition ~to ° any' other liability which, t;ltaii ucrue upon the breach of this Agreement, the breaching party shall be liable to pay all reasonable attorneys' fees and vests incurred by the non-breaching party in defense of such~action or suit.. 1 5. This Agreement is based on and shall be governed by the laws of the State of Florida. 7. Each party shalt pay its own attorneys' .fees ~ and costa: ~ -~ 8. All parties have been represented by counsel and have had the benefit of counsel prior to executing. this Agreement. All parties have executed and .delivered this 'Agreement freely, ; knowingly, and of their own wi[I and volition. ~ ~ j ~ ~ ~: DATED: ` I f l` WITNESS: 1 t T ~• ~ DATED: wrrNESS: ~„~.~ /Y1 CAL i ~ i~.~~ 2 FLORIDA COUNTRY CLU ,INC., ` a Florida orporation CITY a Flea ..FLORIDA, .: on By: ' Its_~ ~~. . ~: s BOOK PAGE 3102 13T0 AMENAMENT SETTLEYIENT AGREEIYIENT NO E1 ~NOLE CO. Fl.. THIS A~tDMENT TO SETTLE~MBNT AGREP;MENT (the iVtodincation"), is made and entered into this ~_ day of April, 1994, by and between FLORIDA COUNTRY CLUBS, LTtC., a Florida corporation ("FCCI"), and TIdE CITY OF WINTER SPRL~iGS, FLORIDA, a Florida municipal corporation (the "CITY"). WYTNESETE~ WHEREAS, on or about May S, I99Z,. the CITY and FCCI did reach the terms of a settlement through mediation of Case No. 91-2244-CAC, FCCY v. CITY; and WHEREAS, subsequent to May~S, 1992, FCCI and the CITY did continue to negotiate various issues regarding terms of the mediated settlement; and vim, on or about June 16, 1993, FCCI and the CITY did execute and enter into that certain Settlement Agreement ("Settlement Agreement"), now on fle with the Court; and ~~EAS, the Settlement Agreement was intended by the parties to memorialize the issues resolved by the parties in their mediation conference held on May 5, 1992 .(the "Mediationn~, and was intended by the parties to be binding upon each of them in order to settle the pending litigation; and WHEREAS, FCCI and the CITY have determined that it is in their mutual best interest to modify certain of the terms of the settlement contained in the mediated settlement and Settlement Agreement reached . NOW, THEREFORE, in consideration of the recitals and other good and vaIuable consideration, FCCI and the CITY agree to modify the Media#ed Settlement of May S, 1992 and Original Agreement as follows: 1. The parties acicnowlcdge and agree that the Original Agreement is valid and binding upon the parties, except as specifically modified herein, specifically including but not limited to any matters discussed or agreed to during the Mediation. The parties agree that they have been fully informed of all matters rciating to the Mediation, the Original Agreement and this Agreement, and intend to be bound by this Amendment and the Original Agreement; 2. The Conceptual Plans shall be deemed to be modified to require and/or permit the following: a. The seven (~ lots depicted on the Conceptual Plan for Parc~f 4, located at the north side of the intersection of Shetland Avenue and Northern Way extending east to Greenbrier Avenue, shall be reduced to three (3) Iots, with frontages totalling approximately eight hundred twenty-five (8Z5~ feet on Nortrthern Way, west from the intersection from Greenbrier Lane to the western right-of--way line of Shetland Avenue. No lot shall extend beyond. the western right-of--way rv'r: G_ ~•+ 1G~ Git~l't 11.,.^,,tC CEfic~A~ aecaRa~ 800K ~ _ .PAGE P.Si1B 3102 1371 Line of Shetland Avenue. The area formerly depicted as the .lots being~~~~iereat}er be deemed to be "Golf Property" as defined in the Original Agreement, The City approves the final engineering submitted by FCCZ for the three (3) remaining lots located in Parcel ~, b, FCCZ has not ss yet completed the preliminary engnerring for the lots depicted on the Conceptual Plans for Parcels 7 and 8. FCCZ may increase the number and/oc reduce the size of lots located in Parcels 7 and 8 (aAd increase the size of the area located in Parcel ? to include area west of the entry road depicted on the Conceptual Plan for Farcel 7). FCCZ shall be permitted to develop a total of thirteen (13) lots on Parcel ? and a total of thirty-nine (39) 'lots on Parcel 8, provided said lots can he developed in record with applicable City Codes, and State and/or Federal laws or regulations. The City shalt promptly process, review and approve such tnodificatlons to the Conceptual Plans (as wdl as preliminary and final engineering and plats) for each of such parcels as and when submitted by FCCL As provided in the Original Agreement, the term "Devdopment Property" shall hereafter be dcerned for the purposes of permitting Parcels 7 and 8 to be developed with the addit'sonal lots herein to include the following: (a) the land lying north of the ninth tee directly west of the garcel conunonly known as the "Hooker Parcel" adjacent to the country club clubhouse and parking lor, (B) the approximate fifty (50~ feet of land lying adjacent to the 2nd through the 4ttt holes of the Club and the property commonly known as "bloodstream"; and {e) the land lying west of the entry drive depicted on the Conceptual Plan for Parcel 7. Each of these areas may arc used in conjustetion with the developmeat of single-family uses and not be required to be maintained as Golf Property. 3, FCCI agrees that the lot adjacent to the Fairway Oaks subdivision depicted as Lot 17 on the engineeria~ plans for Arrowhead Unit I shall be subjected to the deed restriction set forth on Exhibit "B" attached hereto. 4. All other terms of the Original Agreement not modified herein shall remain in f~11 force and erect. IN V-TTINESS tiVHEREQF, FCCI and the CITY have executed this Modification as of April 1994. VYITNESSES: 1"L.ORIDA COU~I'1'RY 2 ames R likes, President . ~ ~.~. _ _ ~~~ CITY OF WINTER SPRINGS, FLORIDA a Florida municipal corporation T. /~~~~ By: J Bush, Mayor 3 w "- o O r., N ~~ o r ~ T• l7 ~' d ~ G 7% r ~/~/ ~ J. ~ ~ L7 N i ~X~'t 1 {~ r ~' t3 TYSS AGREEMENT catered into this _ 1 day of . I~9a4, by and between ?I~ CITY OF WINTER SPRINGS, FLORIDA (hGteinaRcr referred to as "CT?Y") and FLORIDA COtTNIRY CLUBS, INC. and LAMES R. !1NIICfiS (hereinaRer referred to as "I•Z.ORIDA COtlNTRY CLUBS°) for and on behalf of thi.*d P.s~'y brae ,ciary who shalt be knotivn as CITIZENS OF TIdE CITY OF V-RNTER S?RIGS, FLORIDA FhcrcinaRcr referred to as "CITIZENS") provides as follows: ~~•~REAS, the CITY and FLORIDA regarding certain issues surrousiding the dcve by FLORIDA COUNTRY CLUBS that are impact the CITIZENS. NOW T.E~RIrI»ORE, FOR AND IN {S h00) AND SUCH OTHEiEit Y~ ACjCNOWLEDGED AS iLECEiVED BY, TRY CLUBS arc desirous of resvfving issues c of certain parcels of property within the City the jurisdiction and control of the CITY and ~_ r ERATION OF Tix~ SUM OF ONE pQLLARo e colvsu~ERAT1oN x~RE~rrAFrER:,, fWEI:.N THE PARTIES: ~ 1. The following restrictioas shall a het forth by Florida Country Clubs, Inc. ("FCC") in the Deod ofLot 17 ofArrowhcad at ?uscawill rlt:it I and in the Dccd sad Covenant restrictions of Arrowhead at TuscawiIla governing that to f`or the beret of Fazrway Oaks, Unit 1, Lois- 2S through 30. ;• 2. A perpetual easer+rent shall north~urost point ofLot 17 and from there solf course. W'sthia that area no strucxtuc or to the golf course. ~ a three (3} foot wide strip besinning at the southward to allow the residents access to the z of ary kind will be showed to impede access 3. A perpetual landscape eascatcn Lot 17.adjaccrtt to Lots ZS through 30 prohibits (such as nay hedge, wall of fcnca) and prohi Purposes. Within this casetzletu the wcstcsiullost owners and their ~~uestt to have unrestricted a paragraph twtnber 2, so as to permit access tv 4. A pcrgeiusi landscape easemcn extending from a point QA the common boundary south of the southern edge of Lot 26, to a you changes ducetion to nut esstetly. Within this swirtrraing pool, tennis court or trees) are prof trunks of trees) shall be aiaiataincd not to blocl ofLots 25 through ?71TOSa a hciglrt of two (2) fc the canopy of trees to be maintained over fifte>~ be permitted. exist over the westernmost thirty (30) feet of :coon of any building or vertical improvement reaiovat of trees except for nsodcst thinning {3) feet may bc.uscd by the adjacrat property tv the three foot ~zseme: s described above is elf course. 11 exist over that arcs lying northwest of a J'iae of 17 and Lot 27 which is iwcnry-five (25) feat ~ the northeast property lint of Lot 17 where ii vertical improvements (such as hedges, walls, .d sad atI shrubs and vcgctaiion (except of the current view of the golf gran from the homes a Irciglrt offiRcGZ (1 S) feet (which would allow t high). No chsage i:t the grade of this'lot will t~ o T c.,a 0 °^ T 11 n r ~~ r. S D L3 _t F,FR 2? ' `?~l 1~ ~ 23Ff'I i CHR ~, •'• o dwel.Gn or vcrtisa! • . Qrovi :~ sh a ~CCt within en y (20~~ t of eith ~ ~ / l 6. It shall be the responsibility of violations of thesC restrictions. It shall br the r the grvperty owner of Lot i 7. 7. In the rreai that FCC does not i c and in the Decd and Covenant Rcstricliorts of within t'ourtcen {14) days after due notificatio a FCC and Jarrtca R. Mikes shaII be jointly and s v through 30 the sura ofFivc Thousand Dollars 8. Citizens shad have a third Agreement. CITY OF WIN~'$R SPRINGS, ~LGRIDA Hy its Mayor 1 P' ~F~. 8i18 ~~slt!N ~"!SpT1SFAC'[~ ' t (such as~ a bu ding, shed, g • or to co ) he about ~cri~cd cast ents~~ ,~~ ~ l ~ affected homeowner to notify FCC in writing of ~nsibiIity of i=CC to e.~force the restrictions upon litdc the above rest.~ictions on the Decd of Lot 17 owhead at i uscawilla, oc in the evcat FCC Fails, ;violation, to bring the vioIatiou into compliance, c~ • erally Liable to gay the owners of hack ofLots 23~ ~~ 5000.00) as liquidated danugcs. ~ s° ~~ beneficiary right to enforca the terms of thi~ c - a ~,,,~ -~ u '- ~i ci y i ~ rn )~RIDA COU'i~t'TRY CLU85, II~iC. as R Mikes, Presidtat i es R. Mikes, Individually I i i z) r T_i~M1. _ EXHI3iT~ "E" I ~ :k I ltlrl~ 1 I ~ 1 f~ 1 _ ;~ +.~M~rlr r~r rrr r~•-~ y3. ~~j1 Fo : ,.t.~ r~• ~~ ~.I'~~`Mw ~M~ . ~• 1 r~ r ~ ~~ ~ ~ r ~l ~{ 1 ~ A: ~ ~ ~ ~ Y ~ .~ i ~ ` , 1 `- ~ 1 ~ ~ ' ~ ~ ti 1 1 r ~ ~ ~ ~ . ~ ~ ~ ~ ti ~ ~Q ~ X11 1 ~ r Y ~ 1 ! ~ ~ •' ~ 1~y~ 1 I I 1 Y ` G~ ~ till ~ , ~ 1 ~ 1 ~1: ~ 1 ,lt ~.~ I I : 1 t t 1 1 1 ~\~ i ~ / I ~ r~ r ~ ~ t ~ ~, ~ ~ ~ i ~ ,1 I ~~ ~'.k f ~ _.~ ~~ ~i ~~ - f I I . ~ ~ ~ it ~. f ,~f~ ~l:T ~3,~ ~~~ j ,! 1~j .i ~ ~ ~~ z • I •. F ~c l~~j~! ~ ~ ~; i#~~ ~}~ii ~jt t s PARCEL i ~ FLflRiDA COUNTRY CL~1HS, INC. O :a~~ ~ .. _. ~ ~~~~ ~~ ~?`^- Z ~ i' 1 ; t1 ~~ ~~~f#f~i~iji~i i~# ,i ~#,;~ .f;~~~ =ski:' ~~ ~~; j~Y~~~rj 3~~'-, in i ~ ~4 !! { I~~I~~ ~ Rr~ ~++ ~s ~C' ~ ~ ~ ' wN ~;p ~~1 `~ N` } C\ O y 1~.~,' ~`~ Q t I ~.~ ' ~ (...-. ., ~ .~ I ~ ~ ~ ~~~ I~ 6 ~~ • ~ ~ ~~ ~~ r , i ~ .. r w ~ ~~ O a o,.., ~ ." ~" N n `- m o - ~ ~ C~i ~ r 'mil rn CJT _ _~, ,..., a., e.-, P.10~18 ~ ~ ~ '~~~ ~~ ~ ~ ~a~~ ~~~~ r t ~ ~~ ~ 1 ~ r.. f ~ ~ , y :~ +.~ ~ Yi ~7" ' ~+ •r3 '~ g~ ~~~ i1 I1 ` ll ~t t . 1 i ~ t~ ~,\ , r ~''~ j ~ + '•. +y~ • •~~ ~ \ 1 ' ~ :~ 'Ei~ ~l:j 1;~; ~;s~ . ti= !}}~ ;~i i, ~ 'i r• t~ ~ r `•~ ~f ~~ h ~ ~ ,~ r \ ~ l ~"ti. ~ r ~ . N . .r ~. LA~\t' . t ~ ~ I r t t 1 't~ '\ ~ ~,~ ~Fj~ ~ +,~ S ~. . ~ ~. F ' s' ~ `~ '~ / ~. ~ i ~ ` ~\~, r ~~ ~ ~ i -/~ ~ ~ f" 3 s • ~ ~ ~ a ~ ~~1 I~~~~ f ~;j~ j; . a x r i ~ J '~` rn % ""~ % ~ 1"' Y j... e Z r ei ~ ~ 1 4+ ,,,~ l ~~ f 1 j t` ~..-. w ~/~! O Q ~~.. z N "''.' o m n ~'"'., O ~.. cn.~ w ~~ 'V n '~ ~s ~ ~ ~ ~ r Cf G a ~ 'C Gr1 _~ ~~ a O PAACBi. 2 , ELOAIDA COUNTAY CL~leS, tNC. , ~~]:_;,,~~,~) ( ~ ..~.~_~ ra,e~~ ,. ~; ~ . ` ~~ ,- 1 11; I Z~ ~ ~ ~ ~ E ` ~~.;; ~` i~ I; s ~~ _ V' J~~y ~ 1~• t ~~ • J • ~ < 1 s r ~~ ~ \ \. \~ . \ \~~ \ i I/~ j~ \\\~ ~\ ~~\ ~ \ rte`-s ~ ~ rye : \ ~ \\\ \\ \~~~\. \\ ~\ ~'~~~\ `` ~ a .. lei ~~, ~ ~, .~, .., , ~,- ~ . a~` ~. ! ` ~~,y S~ ~ `• ~~.17 ~' ~ ~~~~ !I 13i~ ~~ ~~ .lf! ~i ~~i c f,~ ~~ PARCEL ~ i„i ~)iI ~ ~~~ ~I ~1. ia~ ~jt ~~~ ~tR ELflRlOA COUNTRY S, INC. 0 _~~ ~_~~~ ... ~ s~~;~ .~ t~ S • T~ i / , ~ /;!'~ L / ~.~-- Z 0 b r r Z ~ ~ .~ ~1 .~F~Z~61A ~ f f~i c~ N -' C o ~ N " m ~., n O -'' ~ w a ~. ~ ~ -,~ -~ { . ~ ~~G 1 t .. `d qF . ~._: .: ,. ~.. . .:: ;.._gR[:.!. °c ' s r .. 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' rr r ~r r; r i ~;l l; +; f, . .• .: ~`• ~~ '"~ ~3 .. 0 `U C tom-' r z PAACEL 7 FLORlOA COUNTRY CLUBS, lNC. ~~A ~ 'r 1j os-_~-~: al~l3 ~~: W ^~ O o N r- r*t n ~~ r-- -.. _~ c '~ r,„~ ~ `~ .~_ •-f i~ -n .~ ~._ m 0 x rn n n ~~~ A n rn .~~s..rr I~1 t ~~% .~ ~ 1 / , ~ ~ ~ t a~ ~ ~. ~~$i ~ t ~~ . t. * . ~~ o , . ` , ' N \ , t t •_ ~~ f~ ,~ ....y 1,,, ,.t.. ,~, ,a:, ~.. ~ ~ x tint ~•' i:l " (~• tt,f l1,:~ li ~ 7 j ~S ~;r lji ~:! 1~;lr :1tti =e;t ~ i! ~ CONCEPTUAL ALAN ~~ :~ ti ~` ^' r r. ~-.-= ~1 W w w/ b .L. ~ v v~ ~ ``~ • w ~ ~r ~ 1 f ~ ! i • ~~ i 1 l , ~ / ~ • t~ \ / 1 ' ` _ is ` ~ , •, / ; •Q ~ `t r,~. .. i~• .~. / rii • ~, a 0~~ f~ ., . • •~! ~ : R 't7 _ _ ~ 9 ~.. - C? L a _ +~~OO~p~ r~~~7gn 1 t ~ 1~~~ w ~Q ~ . M ~7 u ~ ;~~ ~5 ~~j~~tut~~ji~~i jai ~~l t<<~1 ~~~ jln:Y! ~~ jj~t tt ~, }~ r • 'il r~ji t!!~i I'i117•jlit~jtl ~ t~lf~~ll/tt~ 11~~ ~-:i;" ~;~~'.,~. l,~.s~`~~~#4,t !~'lt~~~ der y t J;t~!! ~1r~4~f~±~~J~~,~iri.,l~;t~„t~~l;~!i fit:, cn t` o° C ~T = N T o s- L~ t'- C9 ,7: O .~.. o ~ 4) •~~`: 1'~ n, v: ~ ~ N m c~ z r n ~ x G 7 w v t V) T ~", 0 ~G PARCEL a FLORIDA COUNTRY CLUBS, INC. ~ - ~A .. I ~~ t -..gyn.-_-.. x`... .. ,.+.n.. ,. ~~. .~~.a,.. ~. ...., ,;. ..ar~.. .. ,~. `_?^; • APR ~? ' 9~ 1~ ~ z?AT1 TC.cR ' ~,... ~_ ~'. ~~ / ~~ y~` F~ ~~¢ ~ ~! Sa ~••¢a~ ~ o. tic s \ G~t~` •\ y ~ ~~G ~~ i N i~ X a .~ .~ i ii ~~ ~~ i, /l ~Fe ~ / ~ ~~ ,. ~~ ~, ~~ .. ~, ~.' ~v i i ii ~i \ `~ a P. 1 ~•,-18 cv o° 3C © ~c iv -^ •o r s. lrf r- n ~ O ..,., r a '*i .~ S r aD ~ Gtr m O ~ ~ ~ g ~ . ~ c- G ~~ y~ ~~ C!^ 'Y7 b -~C IN THE CIRCUIT COURT' OF THE. EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SE.~IIIVOLE COUNTY, FLORIDA FLORIDA COUNTRY CLUBS, INC. a Florida corporation, Plaintitz, V s. THE CITY OF WIlV1'F.R SPRINGS, a Florida municipal corporation, Defendant. CASE N0. 91-2244-CA-16-K 3~1'QTICE QF VOLTJrITARY DISiyiTSSAL WITH P NDICE w N O ~ ~~ = N 0 rn C -~ o ~ W '~ t7D ~ T^.. rn CONIES NOW the Plaintiff FLORIDA COUNTRY CLUBS, INC., by and through its undersigned counsel ,hereby voluntary gives notice of the dismissal o J~MES MACES, PRESIDE2v'T FF orida Country Clubs, Inc., CERTTFICATE OF SERVICE cruse with prejudice. I HERESY CERTIFY that a true aad cor-. ect copy of the foregouig has been furnished by U..S. Mail this Zlth day of April, 1994, to alI parties of record. ']:-3.-s: 01:1 ] °`t ? 1 3 J~.' ,1y z Y _. " ,. .,, ,. ~~ ~.a,. ,.. _.__. _ .- ~ .._ ORDINANCE NO.~ [fffCiRt nECO~'1S" 800K PAGE' 3102 1385 SE!!INCLE CC. FL. AN ORDINANCE OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, TO EXTEND ITS TERRITORIAL AND MUNI- CIPAL LIMITS TO ANNEX LANDS SITUATE AND BEING IN SEMINOLE COUNTY,~FLORIDA, AND DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, ;WHICH SAID LANDS ARE LYING ADJACENT TO AND WITHIN TWO MILES OF PRESENT BOUNDARIES OF THE VILLAGE OF NORTH ORLANDO AND WITHIN SEMTNOLE COUNTY;ANNEXING SAME TO THE VILLAGE OF NORTH ORLANDO, FLORIDA;REDEFINING THE CORPORATE LIMITS OF THE VILLAGE OF NORTH ORLANDO TO INCLUDE SAID LANDS WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE OF NORTH ORLANDO; TO INCLUDE THE ANNEXATIONS HEREIN ON THE NORTH ORLANDO MAP; SEVERABILITY; EFFECTIVE DATE; AND CONFLICTS. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: WHEREAS, the G R W Corporation, as nominee of G R W ;. enture, a joint venture and Winter Springs Development Corporatic nominee of Winter Springs Venture, a joint venture, owns ap- roximately 3,500 acres of land contiguous to the Village of North rlando, Florida, or within two miles of the present boundaries of !the Village of North Orlando, Florida, and within Seminole County, Florida; and WHEREAS, the G R W Corporation, as nominee of G R W enture, a joint venture, and Winter Springs Deve~.opment Corpo- gyration, as nominee of Winter Springs Venture, a joint venture have petitioned the Village Council of the Village of North Orlando, Florida, to annex said lands hereinafter described in Exhibit "A"" attached hereto and made a part hereof, to include the same within the municipal limits; and WHEREAS, the Village Council of the Village of North Orlando, Florida; and the G R W Corporation, as nominee of G R W enture, a joint venture, and Winter Springs Development Corpo- ation, as nominee of Winter Springs Venture, a joint venture,have~ tered into a contract setting forth certain conditions covering e said annexation, and A _ ~; .. • '~ ~•• ~ 0 PAGE • , ~•' ~'~~ • ~ 3 I 0 2 13 8 . ,. ' SEMih'OLE CO. FL. WHEREAS, the GRW Corporation, as nominee of G R W enture, a joint venture, and Winter Springs Development Corpo- 1 ation, as nominee of Winter Springs Venture, a joint venture, re the owner of the majority of the lands contained in the below escribed subject property; and WHEREAS, the Village Council of the Village of North rlando, Florida, is desirous of annexing the subject property ursuant to .the authority contained in the Village Charter of he Village of North Orlando, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: ~,' SECTION I. That the Village of North Orlando, Florida, oes herewith and hereby annex those certain lands lying in eminole County, Florida, and more particularly described in t "A" attached hereto and made a part hereof. SECTION II. That the Village Council of the Village f North Orlando, Florida, amend the Map of the municipal limits f the Village of North Orlando, Florida, to include the subject erty, more particularly described in Exhibit "A" attached reto and made a part hereof. SECTION III. If any Section or portion of Section or ubsection of this Ordinance proves to be invalid, unlawful, or titutional, it shall not be held to invalidate or impair validity, force, or effect of any other Section or portion a Section or Subsection or part of this Ordinance. SECTION IV. EFFECTIVE DATE: That this Ordinance shall effect immediately upon its final passage and adoption. SECTION V. CONFLICTS. That all Ordinances or parts f Ordinances in conflict herewith are hereby repealed. ,; ~ .. - ~• . ,_ _ t if f ~~ii{.i hE6dh:!J BOOK PacE 3102 13$r" ' SE!r!INOLE CO. FL. PASSED AND ADOPTED this,~~day of ~~r,~~~~, 1971. 4 IF'IRST READING Q ~~ f~ /~ / ~,~ EC OND READING ~ ~~~) !~ ir~~~_ (FINAL READING ~ ~~~.J ~~ / f'~/ MAYOR t. fittest: Village Clerk n oun a ~.. ~; ;. ~~ , . .. . ...', . 't , II a lF~iCiti. dECun'~ 800K pAOE 31,02 i3B8 SE,~!INOLE CO. FL. LEGAL DESCRIPTION Begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence N. 85°00'00" W. along the South line of said Gardena Farms a distance of 5479.23 feet to the Westerly right of way line of the Tuscawilla-Gabriella Road; run thence N. 04°24'22" E. along said Westerly right of way 'line a distance of 2450.55 feet; thence leaving said Westerly right of way line run S. 84°50'15" E: 1120.89 feet; run thence N. 04°04'15" E. 1969.15 feet; run thence N. 85°05'45" W. ~. 418.47 feet to the Westerly right of way line of the aforesaid Tuscawilla-Gabriella Road; thence continue along said Westerly right of way line run N. 43°25'40" E. 521.37 feet to the point of curvature of a curve concave Northwesterly having a radius of 1612.02 feet, and a central angle of 20°05'33", run thence Northeasterly along the arc of said curve a distance of 565.30 feet to the point of tangency; thence continuing along said Westerly right of way run N. 23°20'07" E. 3903.29 feet to the point of curvature of a curve concave Northwesterly having a radius of 2839.79 feet and a central angle of 09°14'37"; thence run Northeasterly along the arc of said curve a distance of 458.15 feet to the point of tangency; thence continuing along said Westerly right of way line, run N. 14°05'30" E. a distance of 1581. 20 feet; thence leaving said Westerly right of way run S. 84°51'30" E. 1368.0$ feet; thence run S. 05°10'20" W. 386.72 feet; run. thence S. 84°50'40" E. 634.53 feet to a point on the Southerly right of way line of Railraod Avenue; run thence along said Southerly right of way line S. 54°56'40" E. 633.59 feet to a point on the Easterly right of way line of Gardena Avenue; run thence along said Easterly right of ~_ ' . «.' . . , .. .^ ,~ ..,. ~ lrtiCiA;, df~JK:.a . BOOK PACC 3102 1389 ' SEMINOLE CO. FL. EXHIBIT A.Continued -2- i way line N. 22°39'04" E. 142.94 feet to a point on the Southerl right of way line of Atlantic Seaboard Coastline Railroad; run thence along said Southerly right of way line S. 54°33'05" E. 587.22 feet; thence leaving said Southerly Railroad right of way run N. 00°11'11" E. 937.80 feet to a point on the Sou right of way line of State Road No. 419; run thence the fol- lowing courses along said Southerly right of way line of State Road No. 419, N. 88°26'29" E. 2224.37 feet; thence run S. 89°58'56" E. 3686.53 feet; thence S. 89°21'56" E. 2159.76 feet; thence leaving said Southerly right of way line run S. 00°16'36" W. 1962.76 feet to the Northeast corner of Section 8, Township 21 S., range 31 East; thence run S. 00°25'38" E, along the East Section line of said Section 8 a distance of 798.62 feet; run. thence N. 82°10'38" W. 310.20 feet run thence S. 04°34'12" W. 1143.12 feet; run thence N.89°34'22" E. 406.56 feet; run thence S. 00°25'38" E. 745.20 feet; tun thence S. 89°27'54" E. a distance of 1349.48 feet; run thence S. 00°09'56" W. 1326.01 feet; run thence N. 89°13'53" W. 672.52 feet; run thence S. 00°00'36" W. 989.83 feet; run thence N. 89°16'52" W. 671.86 feet to a point on the East line of the aforesaid Section 8; run thence S. 00°01'43" E. along said East line of Section 8,330.14 feet to the Northeast corner of Section 17, Township 21 S., Range 31 E.; run thence along the East line of said Section 17 S. 00°16'14" W. 1341.14 feet; thence leaving said East Section line run N. 89°15'33" W. 4004.99 feet; run thence S. 00°14'56" W. 1775.71 feet; run thence N. 69°03'43" W. 1415.02 feet; run thence N. 00°14'26" W.~ 1 •' , r • • ~ y . t s ~~rr ~~e.; hf ~tl~'-, ~ . BOOK PAGE 3102 1390 SEMINGLE CO. Fl. EXHIBIT A. Continued -3 - 1 687.66 feet; run thence N.~85°14'00" W. 602.10 feet; run thence S. 87°51'00" W. 1083.26 feet; run thence S. 00°15'0 9" E. 2167.87 feet; run thence N. 84°48'16" W. 2404.62 feet to the point of beginning; less that portion of Winter Springs as recorded in Plat Book 15, Pages 81 and 82 of the Public Re- cords of Seminole County, Florida; also less, begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, Page 23 and 24 of said Seminole County, Florida; run thence N. OS°09'50" E. 33.00 feet; run thence N. 85°00'00" W. parallel with the Southerly line of said Gardena Farms,4502.35 feet, to a point of beginning; run thence further N. 85°00'00" W. 627.31 feet; thence run N. 05°00'00" E. 225.00 feet; thence run N. 84°09'48" E. 175.44 feet; thence run S. 85°00'00" E. 455.00 feet; thence run S. 05°00'00" W. 257.98 feet to the po of beginning; ALSO LESS, begin at the Southeast corner of Gardena Farms as recorded..'in Plat Book 6, pages 23 and 24 of the Public Records of Seminole County, Florida; run thence N. 05°09'50" E. along the East line of said Gardena Farms 7160.06 feet to a point on the Northerly right of way line of a Florida Power and Light Easement as recorded in O.R. Book 163, page 130; run thence N. 85°10'12" W. along said North- erly right of way line 2513.71 feet to a point on the South- erly right of way line of a Florida Power and Light Easement as recorded in D.B. 193, page 276, of said Seminole County; run thence South 1098.64 feet; run thence N. 85°10'12" W. 772.70 feet to the point of beginning; run thence N. 04°49'48" ~, ~ ,: , •.. ,,, ~• ., . '~- BOOK PAGE . 3102 1391 ' SEMIHOLE CO. FL. EXHIBIT A. Continued -4- ~E. 300.00 feet; run thence N. 85°10'12" W. 675.80 feet to the i Easterly right of way line of'the Tuscawilla-Gabriella Road; run thence S. 23°20'07"W. along said Easterly right of way line 316.36 feet; thence leaving said Easterly right of way line run S. 85°10'12" E. 776.20 feet to the point of begining. Containing 2890.9140 + acres. AND ALSO LESS, the South 33 feet Hof the aforesaid Gardena Farms Subd., AND ALSO LESS that part lying within existing North Orlando city limits, AND begin at+the Northeast corner of Lot 6, Gardena Farms as recorded ~in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence Westerly along the North line of Lots 6 through 11 a distance of 3851.40 feet to the Northwest scorner of Lot 11, of said Gardena Farms; run thence Southerly along the Westerly line of said Gardena Farms 6623.75 feet, thence run Westerly to a point 1309.8 feet North and 198 feet (East of the Northwest corner of Section 13, Township 21 South, Range 30 East; thence run Southerly 1309.8 feet to a point 1198 feet East of said Northwest corner of Section 13, Township 121 South, Range 30 East; thence run Easterly 90b.5 feet; thence (run N. 19°20' East 359.00 feet; thence run S. 85° E. 801.9 feet thence run S. 05° W. to the Westerly right of way line of the Tuscawilla-Gabriella Road; thence run Northeasterly along the said Westerly right of way line of the Tuscawilla-Gabriella Road to the point of beginning, AND ALSO Lots 1 and 2, Block A, ~D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole County Public Records, LESS all that part previously (lying within the city limits of The Village of North Orlando. ;~ r .:,.• `'.:, ,., :..._ r ,¢, ..; r~ r.z ~ ~. Cil,~ FifCB PA s .. . 900Kf~ ~ CE .t, , ~.~'~.'~~..' 3102 1392 ' ~ SEMINOLE CO. FL. PETITION FOR ANNEXATION WHEREAS, the undersigned owns or controls the real property lying and being in Seminole County, Florida, part of lies within the Village~of North Orlando, and the re- finder being contiguous to the existing boundaries of the illage of North Orlando, as described on Exhibit "A", attached eto, comprising approximately 3,400 acres, hereinafter refer- ed to as Winter Springs, and which Winter Springs is in the tive process of development according to guidelines generally t forth as Planned Unit Development as defined in Ordinance . 56 of the Village of North Orlando, and WHEREAS, the undersigned desires to annex that portion ;. Winter Springs presently not within the Village of North rlando limits to the Village of North Orlando, and to become part thereof subject to the following express conditions and is which, if this petition is accepted by the Village f North Orlando, will constitute an agreement between the rties controlling subsequent events relating to the develop- nt of said properties and which will be binding on all subse- t officers, officials, and councils of the Village of North Lando, to-wit: 1. Winter Springs Development Corporation and/or igns will be granted an exclusive thirty (30) year utility se covering water and sewer on all of the property scribed on Exhibit "A" with the exception of that portion reof presently lying within the corporate limits of the Village f North Orlando, subject to the agreement of the present franchisE lder. 2. The overall development plan for Winter Springs as resented simultaneously with ..this petition is acceptable to he Village of North Orlando insofar as the same relates to ~ ~ ~ f ' -. y : L . . •, ~ .. ~ ~~ . b00K PAGE 3102 1393 SEMINOLE CO. FL. the percentage of types of development and percentage of open spaces and densities. ~ 3. On annexation, the entire Winter Springs will be t. zoned Planned Unit Development, based upon said overa•11 develop- ment plan. Actual development will be in stages of not less than fifty (50) acres. The provisions of Section 4, Subpara- graph 3 of said Ordinance No. 56 shall be applicable to the lands annexed only as to each stage actually being developed. 4. The provisions of Ordinance Nos. 50, 56, and other ordinances of the city applicable to the.. required public dedi- cation of percentages of park lands and/or open space require- ments in each record plat will not be applicable to the overall development of Winter Springs. 5. Open space requirements for Winter Springs shall be calculated as follows: (a) Low density development areas of two (2) dwelling structures per gross acre or less shall require open space equal to 5~ of the land being platted to be provided as part of Winter Springs. (b) High density development areas of over two (2) dwelling structures per gross acre shall. have open space equal to 20% of the land being platted to be provided as part of Winter Springs. 6. Open space requirements for both low density and high density areas shall be based upon the overall development ;plan of Winter Springs. 7. Specific parcels may be developed without recreati space within the specific parcel limits as long as the open space requirements in 5(a) and (b) above are met in the overall development of Winter Springs. Open~~ space requirements shall ._,_ .. q ~ n.~i:. S. ..may ~. ~. 'a`- . ,, ~. r',.,.~ ~ti. ~,.. . •, ~.. ~. ~.:.. ' CFiICIAI RECOR ~S ~-. t300K PAGE 302 1394 SEMINOLE CO. FL. be construed to be based upon the overfill plan to date of actual development as compared to the application on each par- e ticular section as it is developed. 8. The calculations for open space requirements shall specifically include the presently planned golf course, stable area, riding trails, nature preserves, lakes, parks, marina and yacht club. 9. Open spaces utilized for parks or other recre- ~. ational facilities will not be dedicated publicly, but may be owned privately or through a suitable home-owner's association or other organization so long as residents within the developed area have access thereto on a non-discriminatory basis. 10. The provisions of Ordinance No. 50, relating to open drainage ditches shall not be applicable to recreational areas such as the stable area, riding trails, and golf course. 11. The provisions of Ordinance No. 50 relating to private streets will be suspended in areas of the condominiums located on the overall development plan. 12. The provision of Ordinance No. 50 relating to curbs and gutters relating to lots of one acre or more in size shall be construed to mean an average of one acre or more in size. 13. Portions of Winter Springs platted into lots averaging one acre or more in size may use septic tanks in lieu of sanitary sewers provided soil conditions are suitable.; The developer acknowledges that, to date, all activity in Winter Springs has been based upon planning performed by Mr. Harlan Hanson in order that the overall area will be com- patible with long range plans relating to population densities, land use, topography, aesthetics, and ecology. The developer represents that the continuation of the development project will ,. ~ 4~ - ., rr,r., _r ~ _ ~~ _ .,.. . ~ ~ .ROOKFICI„l nECUnPACE 3102 139fi~ SEMINOLE CO. FL. be under the supervision of Mr. Hanson or a person or organi- nation of equivalent qualifications with the idea that mutual i cooperation between the developer and Village of North Orlando will lead to an outstanding addition and contribution to the community. ~ /" ~ ~ ~ ~~~~ ~x~~'" ~u~~ ~,P~ , WINTER SPRINGS DE ELOPMENT CORPOr R v ~ Dated: 9/27/71 By: ~ ILLIAM J ODMAN, President w The foregoing Petition for Annexation and the conditions therein specified were accepted by the Council of the Village of North Orlando at a regular meeting held on the ~_day of _~~~~~,~ 1971, and was implemented by the adoption of Ordinance No.~~, passed on final reading on the~~ day of ~~~~~, 1971. Attest: Village Clerk Mayor ..~, . ,~ i .~ !`~yi~_''.. .. .. _.. ,.. .•i~:'.:~51R`$-~_tX,Rr..-g ..:i?~pr. nr~, •~ ;, _.., ,.R.,, .. L .. Y ~:{_.,,,,., t.. ~ ~ ~ ' ', ' ~~• ..~' .. rr,, ~~V ORDINANCE N0. 489 N AN ORDINANCE OF THE CITY OF WINTER SPRINGS ,n ~ N v td $ ~~ , FLORIDA., ADOPTING A SETTLEMENT AGREEMENT ~ ~ ~~ BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA %~~ %~ AND THE WINTER SPRINGS DEVELOPMENT JOINT c", ;; VENTURE; PROVIDING FOR A DEVELOPMENT ORDER; . -, t7 '•~ AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING ~ ,~ s°- - ~' MULTI-FAMILY DWELLING UNIT DENSITY LIMITS ~ rr f ' ~ ~~ PURSUANT TO SECTION 20-354, CODE OF WINTER ' ' SPRINGS; PROVIDING FOR A CERTIFIED MAP;. PROVIDING FOR CONFLICTS, SERVABILITY, AND EFFECTIVE DATE. 3 C~ WHEREAS, on October 11, 1971, the village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 ("Annexation Ordinance"), which Annexation Ordinance annexed ~, 4,!" t~tr• certain property comprising what is commonly known as the ~:~; '~ ~~ii Tuscawilla Planned Unit Development {the "Tuscawilla PUD"), into `•'`' r "~~• cn ~*+ca ~ c~~'~s: the Village of North Orlando, Florida; and _ •- .V oc~r' ~~ •t WHEREAS, the Tuscawilla PUD originally consisted of t» cc~~, --tor•~ approximately thirty-five hundred acres (3,500) and was a '•-~' pproved _., for development of nine thousand seven hundred forty-seven (9,747) total dwelling units; and WHEREAS, the Annexation Ordinance provided for the ~= c 0 development of the Tuscawilla PUD based upon an overall '~° N O development plan and set forth requirements for open space, ~~ cy. recreation space, and other development matters; and ~ WHEREAS, subsequent to the Annexation Ordinance, the ~ ~ Tuscawilla PUD was developed in accordance with the approved overall development plan, subject to certain amendments which redesignate the uses of several parcels within Tuscawilla PUD C +.) all of which amendments were in compliance with the overall '~ ~ Tuscawilla PUD concept to better utilize open space and allocate v, ; 0 eV 0 ~ T ' z densities with in Tuscawilla PUD; and m • .. . ~ WHEREAS, pursuant to such amendments, the overall density of ~"~ ° '- ~ .>• c Tuscawilla PUD was reduced; and r' G~ .x ati ED • .cy: ' WHEREAS, the developers of the Tuscawilla PUD have asserted _, ~ ~ rrn. • - that the Tuscawilla PUD was designed with the concept of a .. central core {the "Central Core") of commercial property, in the ' parcel commonly known as Parcel 61, to service the entire 1 .:~ .. • . ... .~ . ., ,~'~~. Tuscawilla PUD, which Central Core was integral in the design of .' the overall road system and infrastructure of the- entire Tuscawilla PUD; and ^' . tv a, ,~ ,~ rn ~ ~~ WHEREAS, On January 14, 1988, Gulf stream Housing Corp.,L 1j ~ ~•, . successor by merger to Winter Springs Development Corporation,; ~. ~, o ~':' entered into a contract to sell certain real property to D & ice' •~ •~~~~ Investments which ~ ~~` . property was located in the Central Core, which contract was subsequently assigned by Gulf stream Housing ~. Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core, which resulted in negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a coRUnercial use; and WHEREAS,. the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida (the "Court"), Case No. 89-3589-CA-17-L, Winter Springs Development Joint Venture a Florida ioint venture through its General Partner Gulfstream Housing Corp., successor by merger to winter Springs Develo ment Corporation, Petitioner v Citv of winter Springs, a Florida municipal corporation Respondent (the "Petition"); and WHEREAS, in an attempt to resolve .the issue surrounding the Petition, WSDJV and The City agreed to a mediation of this matter approved by the Court, which mediation was held on February 2, C~J c•. 0 'rni' ~ ~ -~'.r = IV ~?_ ~. P' r- r*t ~„ Cs e O ~- G W ~ v tt3 n . m -~i :>:: r 2 :; "i , w. ,$~.;~ -,,~ • \ ' . WHEREAS, pursuant to the Agreement,, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, the Agreement is in the best interest of The City and promotes the health, safety and welfare of the citizens of The City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes 11989), as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, The City has determined that it is in the best W' approximately 75.4 acres designated as Parcel 80 ("Parcel 80".) ~c ._ , and approximately 20.7 acres designated as the Lake Jessup f G o' r, ~ M. z N ~5 Property ("Lake Jessup Property"), which Remaining Property and ~ ~~' the aforedeseribed parcels are described on Composite Exhibit "A" o - c , attached to the Agreement and expressly incorporated herein by res' W a ~~"'. " . tt~ c~ this reference; and f7J ~ ' 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and The City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla PUD and amend the Tuscawilla PUD to reallocate land uses and densities in a manner N • to better utilize open space and allocate densities within the u+ ^~ °t '" ~~~'r; Tuscawilla PUD and in keeping with the original approvals granted ~ ~ .~ ;. relative thereto; and c, :: c~ v WHEREAS, the property remaining to be developed within the. ~ ~ G% ~7 "' Tuscawilla PUD consists of approximately 367.2 acres (collectively the. "Remaining Property") consisting of: approximately 32.2 acres designated as Parcel 14C ("Parcel 14C"), approximately 35.0 acres designated as Parcel 61 ("Parcel 61"), approximately 202.9 acres designated as Parcel 15 ("Parcel 15"), 3 .l oy.~ .... "~,_.~~~r.'~•t'~`.'%.! i .~kt'^' 4 Yi'1 _.;~' w?7~~'1PwY" ~Pr -, . • '' 1 1 . .":i interest of The City and its citizens to settle the Petition by .~ .. adoption of this Agreement; and WHEREAS, The City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth within the Agreement. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, " FLORIDA, HEREBY ORDAINS: ^~ - ' ,~ u~ N o SECTION I • :' '~ ~;~ . ' The Agreement between the City of Winter Springs Floridan v .=: " , and Winter Springs Develo ~ pment Joint Venture, a Florida joint ' _ ° ~'. •r:. •5,~: , • venture, attached hereto marked as Attachment "1", is hereby ~ "~ • accepted and adopted by the City of winter Springs, Florida, and ~. .. made part of this Ordinance as if fully set forth herein. SECTION II: •~' The Agreement shall constitute a development order pursuant - to Chapter 163, Florida Statutes (1989), as amended, and shall govern the City and the developer accordingly. ~ • SECTION III: m' ~ Annexation ordinance No. 64 is hereb amended y pursuant to to rn o C ~ N ~ the terms o€ the attached Agreement, and any and ail approval . o r :, rn , master plans, submissions and other similar matters affecting the ~ .... s' remaining property of the Tuscawilla PUD are hereby automatically '~s W -Q ate„ ~. ~ t1~ rn amended to conform to and reflect the provisions of the Agreement. SECTION IV: Pursuant to Section 20-354(b)(4), Code of Winter Springs, the maximum allowed number of dwelling units per gross '. • residential acre for multi-family dwelling units within the Tuscawilla PUD is hereby waived to the extent permitted under the Agreement, upon recommendations from the Planning and Zoning "' Board. ~~ SECTION V: Attached to the Agreement as Exhibit "B" is a proposed land • use plan of the remaining undeveloped property of Tuscawilla PUD. Exhibit "B" of the Agreement is hereby adopted, approved, and certified as the land use plan of the remaining undeveloped 4 • • , , • .; •~:~. properties in the Tuscawilla PUD. ., SECTION VI: All ordinances or parts of ordinances in conflict herewith • shall be and the same are hereby repealed. SECTION VII: if any section, or a portion of a section, or subsection of • this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or to impair;^ N ~ the validity, force or effect of any other section or portion of~ ~ ~ -.~ a section or subsection or part of this ordinance. n ~ o ~: SECTION VIII • ..~ ,~. 'n~:. • ~ C'7 i This ordinance -shall take effect immediately upon its final ~ • passage and adoption. Passed and adopted this ~o ,,$~~ day of ~, 1990. : ~~ ~ s x v r°o~ CITY OF WINTER SPRI W ~ ' ~ • p{ ATTEST: ~ ~ ~ ' en. o ~ m o v y LEANNE M. GROVE;; [~lA7~6~R ; '~ ~ x N ~ a. W tq . N ` r r ~ ~ q ' ~ r . /+1 W ~ (• i .• ~ ~~ .~ .. •. ?~- - w e c % ' G •y ; ~ p rs _ w .'tea owe CITY LERK ~• • '~ ' • S' ~ ~ ~ ~n' c ~ z 2 ~ ....+•.• .. . ~ w S f 111'~'~~ r ~ 0 `~„~ w ° Q r+'- i ~ First Reading: May 14, 1990 Second first Reading June 11, 1990 ` 0 ~ ~ o - • - ~; Posted: May 18, 1990 • Third ~; Public Hearing and ~e~ Reading: June 25,.1990 m c~ ~ w a w a a N 3 H z • y z ,,~ • .. y , H x F 5 t ~~ (~~ ~ . \~ c L ~: c ~.:, ci v L~ ~~ ~~ 'ter J ~" ~.. ~ s ~,~ -xc.~ ..~~ N`.~~ ~~- c~i~.~ ~ ~„ U ti 0 -~ ;~ tr: ~i ~-, SETTLEMENT nGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TIISCAWILLA PLANNED IINIT DEVELOPMENT, MASTER~PLAN FOR THE TIISCAWILLA PLANNED OMIT DEVELOPMENT AND RELATED MATTERS THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MP.STER PLP.N FOR THE TOSCAWILLA PLANNED ITNIT DEVELOPMENT AND RELATED MATTERS (the "Agreement"), is made-and .entered into as of the day of 199, by and between WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership (hereinafter referred to as "WSDJV"), and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation {hereinafter referred to as the "City"). W I T N E S S E T H: WHEREAS, on October ll, 1971, the Village of North Orlando, Florida., predecessor to the City, adopted Ordinance No. 64 (the "Annexation Ordinance"), which Annexation Ordinance annexed certainn prooerty comprising what is commonly known as the Tuscawilla Planned Unit Development (the "Tuscawilla PUD"} into the Village of North Orlando, Florida; and ~ ~ 3 c,~s 0 0 O ~~ N r r r+ `. a x ~..- .II o m ~, WHEREAS, the Tuscawilla PUD originally consisted or approximately 3,500 acres and. was approved for development 9,747 total dwelling units; and WHEREAS, the Annexation Ordinance provided development of the Tuscawilla PUD based upon an development olan and set Borth reuuirements for recreation space and other development matters; for the overall open space, and Cam. -- W~REAS, subsequent. to the Annexation Ordinance, the ~- ^:uscawll~ PUD was developed i.n accordance with the approvee L'' ~ overall develoxament~ plan, . subject to certain amenaments which ~' redesignated uses of several parcels within the Tuscawilla PUD, -" all ag which amendments `were in compliance with the overall Tuscawilla PUD concept and approvals in e;fect, and were effectuated in order to better utilize open space and allocate densities within the Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of the Tuscawilla PUD was reduced; and WHEREAS, the developers of the Tuscawilla PUD have asserted that the Tuscawilla PUD was designed with the concept of a central core (the "Central Core") of commercial property, in the parcel commonly known as Parcel 61, to service the entire Tuscawilla PUD, which Central Core was integral in the aesign of J /C/DAH 5786062AMD 06/22/90.3 1 z a r Of m c-n 0 ~, r L. ~~~:at:rL' Lv. f~.. the overall road system and infrastructure of the entire Tuscawilla PUD; and WHEREAS, on January 14, 1988, Gulfstream Housing Corp., successor by merger to Winter Springs Development Corporation, entered into a Contract to Sell certain real property to D & M Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp, to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping cente_* within the Central Core; and W~iEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core; and .t WHEREAS, the City refused to allow a sho in center ~ development within the Central Core; and Pp g O Z N WHEREAS, such denial led a series of discussions and negotiations between WSDJV and the City and ultimately to a ~'' series of public hearings to determine vested rights of WSDJV ~o - develop the Central Core with a commercial use; and ~ ~- • o WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core~as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida {the "Court"), Case No. 89-3589-CA-1-L, Winter $Drln s Development Joint Venture, a Florida 'pint venture, through its General Partner, Gul stream Housing Cor .,.successor b mer e. td Winter Springs Development Corporation,~Petitioner v. City of Winter Springs, a F oriaa municipal corporation, Responaent (the "Petition"); and WHEREAS, in an attempt to resolve the issues surrounding the Petition, WSDJV and the City agreed to a mediation of this matter, approved by the Court, which mediation was held on February 2, 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and the City agreed to review the land uses for the. remaining undeveloped properties within the Tuscawilla PQD and amend the /C/DAH 2 6786062AMD 06/22/90.3 0 o ~.., ~~ r z: L ~ ~. c~ m Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within the Tuscawilla PUD and in keeping the original approvals granted relative thereto; and WHEREAS, the property remaining to be developed (which shall not include real property which presently has or is presently being reviewed for site plan approval, plat approval, building permits, or other similar approvals or matters) within the Tuscawilla PUD consists of approximately 366.3 acres (collectively the "Remaining Property") consisting of• approximately 32.3 acres designated as Parcel 14C ("Parcel 14C"), approximately 35.0 acres designated as Parcel 61 ("Parcel 61"), approximately 201.3 acres designated as~Parcel 15 ("Parcel 15"), approximately 77.0 acres designated as Parcel 80 ("Parcel 80"), and approximately 20.7 acres designated as the Lake Jessup Property (the "Lake Jessup Property"), which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached hereto and expressly incorporated herein by this reference; and WHEREAS, pursuant to this Agreement, the total number of t~ residential units and total commercial acreage in the Tuscawilla PUD wi 11 be reduced from the original approval; and ~ ° ~ T i N WHEREAS, this Agreement is in the best interest of the C#~y and will promote the health, safety and welfare of the citizen _ a of the City; and ,~, ~ ~ ~ WHEREAS, this Agreement does not constitute a substantial ,~ ''~ deviation pursuant to Section 380.06{19), Florida Statutes (1989), as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, notice of intent to consider this Agreement has been properly published and given; and WHEREAS, the City has determined that it is in the best interest of the the City and its citizens. to settle the Petition by adoption of this Agreement; and ..J WHEREAS, the City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth herein. NOW THEREFORE, for and in consideration of settlement of the Petition and other and good and valuable consideration, WSDJV and the City hereby agree as follows: 1. The foregoing recitals are true, correct and accurately reflect the matters affecting the Tuscawilla PIID and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. /C/DA_F? 6786062~.MD 06/22/90.3 '~T v~ uifi ''• ~ ~. ~L~ LL. ~~. 2. The Remaining Property shall be developed in the following manner: PARCEL ACREAGE LAND USE UNITS 14C 31.2 Single Family 125 1.1 Seneca Boulevard -- 61 33.0 Single Family 198 1.4 Commercial -- 0.6 Service Road -- 15 67.0 Commercial -- 104.0 Single Family 416 25.2 Multi-Family 504 3.6 Vistawilla Drive -- 1.5 Fire Station -- 80 Lake Jessup Property TOTAL 74.0 3.0 20.7 366.3 Multi-Family Tuscora Drive Multi-r^anily ~~~1~ Lf 1,480 z 166 -- 0 2, 889:T, r t~ O N a 3. The acreages described within each Parcel are ~ o approximate acreages only and shall be finalized at such time as ~ a final survey of each .parcel is obtained. Therefore, the legal descriptions set forth on Composite Exhibit "A" are subject to revisions based upon such final surveys and sound land planning techniques, it being the intent of this Agreement that this• Agreement be inclusive of all. remaining undeveloped real property within the aforedeseribed parcels within the Tuscawilla PUD as of the date hereof; provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. -'' 4. The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maxisaum allowable acreages for commercial property within each such parcel. Notwithstanding the foregoing, WSDJV shall have the righ~ to request minor revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acreages on a gross basis do not exceed those set forth above, subject to the applicable provisions of .the City Codes. /C/DAH 4 6786062AMD 06/22/90.3 m °o ~ `~ ~. a, a ~: nd rn l ,, LZ/ ;; .; .. . t..~r, l.;i, f L. 5. The land use designations set forth herein are inclusive of less intensive uses under the City Codes for development of the Remaining Property, subject to the regulations of applicable governmental agencies. 6. Within the land use classifications set forth herein, such classifications shall be inclusive of all permitted uses within such land use under the City Codes and. ordinances in effect as of the date hereof; provided, however, commercial shall include those uses set forth on Exhibit "B" attached hereto and expressly incorporated herein. 7. Attached hereto as Exhibit "C" and expressly incorporated herein by this reference 3s a depiction of the Remaining Property and the land. uses associated therewith. Attached hereto as Exhibit "D" and expressly incorporated herein by this reference is a depiction of Parcel i5 and the land uses w. associated therewith. Exhibits "C" and "D" are intended for _ reference only as the City and WSDJV acknowledge that the lands o uses shown thereon are an approximation only as to boundaries cN the boundaries of such land u es may vary in order to make bet~r use of the Remaining Property in keeping the terms and provisi~s of this Agreement; provided, however, no boundary of any such ® -- parcel shall be expanded by more than one hundred (100} ~-~ -~' r additional feet. The parties agree that Exhibits "C" and "D" shall collectively constitute the certified map and plan of the `~ Remaining Property in the Tuscawilla PDD. Access points and roadways show the number and approximate location of such matters, which location will be finally determined at the time of site plan approval and/or glat approval of the respective property such minor adjustments and revisions shall be permitted, provided such changes shall not result in an increase in the commercial acreage or units on such parcel, except as otherwise permitted herein or by City Codes. - 8. WSDJV agrees to dedicate a one and one-half (1.5) usable acre site for a fire station located adjacent to State Road 434 in the residential section of Parcel 15, at the location depicted on Exhibit "C". "' 9. WSDJV shall be entitled to transportation impact fee and other impact fee credits for the dedication, planning, development and construction of Tuscora Drive and Vistawilla Drive, which road are determined to be collector roads and other public dedications in an amount equal to the impact fee credits permitted under the Transportation Impact Fee Ordinance or other applicable ordinances adopted or to be adopted by the City, for right-of-way, planning, design, development and construction of such roadways. 10. The access points of the Remaining Property along State Road 434 shall be of the number and in the aoflroximate locations 5 /C/DAH 6786062AMD 06/22/90.3 m 0 ~~ ~~ r-, ~ 4 ~" ~.. v.• ~N V.~ ~2~7 ~1~ as depicted on Exhibits "C" and "D"; howevei=;~'~'$~~~iQO•ac`cess points shall be subject to Florida Department of Transportation requirements, guidelines and standards. 11. In the event of any conflict between this Agreement and any other ordinance, approval or similar matter regarding the Tuscawilla PUD, this Agreement shall control and govern the rights and obligations of the parties hereto and such approval or similar matter. 12. Any and all approval, master plans, plans, submissions and other similar matters affecting the Remaining Property are hereby automatically amended to conform to and reflect the provisions and intent of this Agreement. 13. Buffering of the Remaining Property shall be subject to w the provisions of the applicable City Godes at the time of situ -" plan approval. ,,, o 3 N - ~ 14. In order to develop the Remaining Property, WSDJV sha ©'~1,. be required to comply with the .applicable City Codes, it being c _, the intent of this Agreement that this Agreement constitutes a,,,, ,,,~ revision to the approved map and master plan of the Tuscawilla*" o PUD and that in order to develop any portion of the Remaining Property, the remaining approvals necessary consist only of site plan, final development plan or plat approval and preliminary and final engineering approval, as provided by the aforedesc:ibed City Codes regarding Planned IInit Developments and specifically Chapter 20, Article IV, Division 2, Part A, which applies to the Remaining Property. 15. WSDJV agrees that the City may, at any time, adopt a special tax district encompassing that portion of the Remaining Property and other property located adjacent to State Road 434 from the eastern boundary line of the City to State Road 419, for improvements and beautification of State Road 434. 16. WSDJV-agrees to grant and convey a ten foot (10') easement to the City over and across the southern boundary of Parcel 14C and continuing along the southern boundary of the adjacent real property owned by WSDJV in the City of Oviedo, Florida, to State Road 426, on or before thirty (30) days from the date this Agreement becomes final and is no longer subject to appeal. 17. It is the intent of the parties that although the Petition be dismissed without prejudice, the Court shall retain jurisdiction over this matter and specifically with regard to this Agreement, in order that any disputes hereunder shall be resolved by the Court, pursuant to such proceedings as the Court may deem necessary in order to accomplish the foregoing. Neither party hereto admits to any liability whatsoever with regard to /C/DAFT 6 6786062P.MD 06/22/90.3 m 0 x n r a ~ N m r:.__ ~2~7 ~z7~ the Petition and the subject matter thereof . ~•t''Eh~er~• r~his Agreement is in no way intended to affect the appropriateness or inappropriateness of either parties' position or circumstances with regard to the Petition or the events, circumstances and subject matter thereof. In the event that the Court, at any time, determines not to retain jurisdiction over this matter, the parties hereby expressly waive and agree not to assert the defenses of statute of limitations .and laches in any subsequent action related hereto. 18. This Agreement shall inure to the benefit of and be binding upon the City and WSDJV and its or their respective successors and assigns. 19. The rights and obligations of WSD,7V hereunder are fully ~ assignable and transferable, including but not limited to, in the. event any portion of the Remaining Property is conveyed by WSD,~T,o and in such event the City shall look solely to such transferee N or assignee for the performance of all obligations, covenants, c conditions and agreements pursuant to the terms of this m Agreement. r~ o -- ~ ~ 20. This Agreement contains the entire agreement of the ~ o parties hereto, Any change, modification, or amendment to this P_greement shall not be binding upon any of the parties hereto, unless such change, modification or amendment is by ordinance and in writing and executed by both the City and WSDJV anti adopted by the City by ordinance. 21. Ths Agreement shall be interpreted pursuant to the laws of the State of Florida. 22. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or' circumstance shall for and reason, and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby., but rather shall be enforced to the greatest extent permitted by law. 23. In the event of any controversy or dispute arising between the City and WSDJV in connection with this Agreement, including without limitation, in any settlement, in any declaratory action, at trial or in any appellate proceeding., the prevailing party shall be entitled to recover any and all costs and expenses associated therewith, in whatsoever nature or form, including without limitation, reasonable attorneys' fees, paralegal fees, legal assistants' fees, expert witness fees and other professional fees and expenses associated therewith. 24. This Agreement and any modification or amendments hereto= /C/DAH 7 6786062AMD 06/22/90.3 0 T r r ~: ~ v~ r~::_ ~2~7 ~~lE _} may be recorded in the Public Records of SemirSo~e::Gd~n~•y, Florida; however, failure to record this Agreement or any modification or amendment hereto shall in no way invalidate same. IN WITNESS ,WHEREOF, the City and WSDJV have executed this Agreement as of the date and year first written above. Signed, sealed and delivered irk the p essence of ~'~`~ /c/DAH $ 6786062AMD 06/22/90.3 "WSDJV" WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership BY: GULFSTREAM HOUSING CORP., a Delaware corporation, General Partner BYC ' : ~~~~~/ ~~` \ . ' J. Glenn M v •~ ~~ ~ o ~~ Vice Preside ;,N••••••~, rN r . , 4 •~v. -„ ~' fir- __ ~ vl (CORPORAT Ii ~~~ .~ ~ 'cD*~ T , `` B Y : HOME CP p I TAL CORP .. ~'"„":`""•'~~~~ a California corporation, General Partn .. ,.. _ . n,,, By: is E. Vogt, Vice President By : .. Jo eCa o, P_ssistant Secretary •~drhurr. • e~ A ~' ~. ... l C ~. •' ~ . t coRPORA~E : s.Ep,La , ~, , ~.. ~`' . ~ ~. - r ' ~ '-. . :~ ~` r ••• • " , ~ 3 ~ 1•,, 1 L277 ~~77 THE "CITY" Attest : ~ ~tts. j ~,~+~1____. Mary T. Norton, City Clerk TFiE CITY OF WINTER SPRINGS FLORIDA, a Florida municipal corporation Leanne M. Grove. Mayor c~ cn ~ o ~ Z N ~ :- ' r o -- ' e ~ 0 ,,a rn /C/DAH 9 6786062AMD O6/Z2/90.3 ~~ ~~:.~; STATE OF FLORIDA. COUNTY OF (~ ~ C--~ _'27l v~7~ CL~"'i?t7;~~ Lcri'. f L. I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, J. GLENN MARVIN, III, as Vice President of GULFSTREAM HOUSING CORP., a Delaware corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official seal in the County and State last aforesaid, this //~° day of ,,SE•}'~~' , , 1990 . •.~. ~,. .., ~ 'n . r ` r `~: 0 cst •~ ` ~. N to r y~ Pub i c ~ ~ ~.:~ . y~ ~• ~- My Commiss'on Exoires: .~ ~ .,~"-' P118L'G ~}-_ ' ATL* CFfM.OR:DA At LA:.Zii ' -C~1' _ •' . AtY ~JSIMIS..Ct! =X)iRFS :JMF 2S, 1'>t4 ~/~ ~• . • • 0 • :.,a:.`, , STATE OF FL IDA ECNUSD iHRU A;HTO•y .cD$NGT ;ac v'•~ .. .• COUNTY OF L ' ..1;.; ~..~~ •• r I HEREBY CERTIFY that on this day personally appeared before ~ me, an officer duly authorized to administer oaths and take acknowledgments, LOIIIS E. VOLT, as Vice President of HOME CAPITAL CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein r expressed, on behalf of the partnership. WITNESS my hand and fficial sea in the County and State last aforesaid, this ,~~day of - 19~. n _t •:,.. .,,: .. '•: Notary Publ' ~ ., .•' ~" =. My Commiss o Expires..' ~ ~•._~ O ARY PUBLlC ~ ~? ? ~ GO:AMISSiON E p~T~ ~4L '~(DJ1o : c= _ SONDL~ TM11U NOTARY ~~ ~~ 1.='1993v I ~ s ru~ Ve a;+As~ewRirrXs. ..,, ,~••• •Zv •. Y~ ` r- •.~t~ 10 /C/DAH 6786062P~ID 06/22/90.3 i c C~uih eJ ~.ti l.r. ~L. STATE OF F RIDA COUNTY OF~ ,P _~ • I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOY DeCARO, as Assistant Secretary of fiOME CAPITAL CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand ana o ficial s 1 i the County and State last aforesaid, this 1/day of 199 ,,;.I11 3!1111, 1,,11111,1 Not ry Pub ~c _ ~ `'~'4 ': • My Commiss' ~ ~` ~ ~•-•? NOt~- ~~~®sPC3~i~p~• BOND tMRY NpTART l~DeLL6 VN STATE OF RIDA MY ~ ~'~'~ '~ r COUNTY OF ~ ~~. .'~r•..,...-•' ~ "'' r ~1i• 1L,~ ~ ~' "Sr ,1 T•11/1..221::.1 I HEREBY CERTIFY that on this day personally appeared beforer me, an officer duly authorized to administer oaths and take acknowledgments, LEANNE M. GROVE, as Mayor and attested by M_n~tY T. NOR20N, as City Clerk Of THE CITY OF WINTER SPRT_NGS, FLORIDA, a Florida municipal corporation, to me well known to be the persons described in a.nd who executed the foregoing instrument and they acknowledged before me that they executed the sane for the purposes therein expressed, on behalf of the ...••~~• 2••~~. municipality. ••_'•"~ •... ~ WITNESS my hand a d,°~"e3cial last aforesaid, this d~ ay of ,` •~~ 11.• ~ s l ' n the County ana•' S~t~~ ..~: ~~"' { 1990'.` ~ '. a : o ~ ''~ m ;~ :.. :{~z J ;~ - '•• o ~.~ - ,, ...• Notary Pub is •.•• My Commission Expires: .~OiART tUEUC1 STAT1 O~ fLO.:lDA Af LARG! M7 COMMISSION DCTfR[S OEGWBER OII1 T99~ 80NDED THRU ASMTON AGENC7 1lIC 11 /C/DAB 6786062P_~ID 06/22/90.3 C~'Y~!^r OSITr. ~iIB IT "A" -' ;,'' ~~ ~ ~ ~ - - r,`. ~ ._ PAFt~I,14C X277 ~~C -=8C~5 'r., :, u, c:1C rE~E:1~1G:: 'r.=ic C, .^.:S~nS':~~~r L~ -- _i~ c. r =eco:cec :~ Play :ook 16, r~ees '_ ~:.c := e` ~~e =~.:~_ic ::ecc:cs c_ ~e^i.^.ole Cou:;~~~, -? c_ ids . _.i .. ~~~ LEGS@tt'~ ,.,. Fpj~ ty;,C;,v'C~4''. ,.tea W m 0 3 ~ ~ -.. y N n o r r ~ rn ~: ~ ~ o -- o ,~ r'^., '~' avi • - ~ •v ~' (Page 1 or 151 PAF~. 6 2 ~ Z j ( v~ U T~C i~{iTV~W C~-ti~i ..._ Lu. i ~. i vii r'.::~,,,,,~„~,nl'11(,S ~a .~ --ocr~ ~:.e ce^t`•iine c. i-:;.E=sec-~,+c~ e_ tiin`.w- SP=~n~s ~:,e~Z~ z~.: :~= ..iLr.. t•:c.~, 2s s:za~•n in alert c` r,'_^t_- S~-ingr ti,_ ~ :,`- z~ r~^= .:ec Plat ~'r, i8, Pales 6, 7 2.'7 E, P~1ic Fce~..s c. 5~:._~cle C,C',= ~.~, Plc=ica; ~ 1;. 66°23' DS"S. alc~c trse cz~~line o: Y::~.-~te= S~_.~cs ~oule~z~ 282.85 feet; t~~ce x.03`36' S5"K. 60.00 fe=t ;~ :~e poi^.-.. e_` bec-i = i.nc c:', the l:c= .h ric'.t-c:-~.al~=ne c= Wi ate`- ~==.~cs ~•._~ a ~~-~c {? 20' ^~r) ; thence rL^1 5. SE°23' CS"ti, al~+ sz;.c Tic:,.ii ric:~t ~r-~.av line 217. PS fit ~ the point er cu~-'~atLe of a cr`'~ve ~ncave Tic: eas`~ly, arc hav:.ng a z3ciL o_` 25.00 feet; :Hence r~-~ No ~~wes-..~-ly ~lonc tie a_rc of szi.a C,L*'ve 35.2 i feet th*auan a ~*~`a? i=^.1G2 0` 50° G~`GCi" ::J L''L° DOln:. O~ tES1QeS')'y ~ the ~~ =1G.Zt-OI-~.2v lie C. Tac~.z- e_:~ t•:zy (80' n/y=) , ~,.nence =-LTMi h. 03°36' S5"w, alone sai.c ~s::i~t-o=- ~.~y 1 _ne E0.7& feet to ;.ne mint of ct--~a;:`re o. a c._--ve ~crve s`~lv a^^ i-,av:.*~c a *~^; us o_` 1853.55 feat: thezc~ . ~ T``. ~-~e_:1_v a_c.'IC atie a=c e` said ct_"ve &~ . 25 feet t.~_ouc!~ 2 ~~ `-al 2nCie c: G3 ° :~'.~•' ;,_^. 2 ~'3i_*1~; ~'~enCe 1~aV:.3lC 5210 r?SL ~1CIlt-G=-~.2v lisle, ~~. 1~. So°~~' GS"_.t70. 83 fe8~ J :..tile ?Clnt C` C~-ti;2~LTe O a C~"'~ CrI'IC~ve Sau ~,wes`~ 1 V , z~c ha~*i.*lg a rZC=LS of 27.8 3 feQt; t`le.-l~ . ~ 5.^t:~'^.- e2S-...°.=!v ~CIG ~° LT'C OL said C`''v2 40.9-~.~ - fe,.°~. t~'=JU~.1 a 4`m..-a~~~ ~^Cie C' ~~°! =' L1 "`.D ~~Ze DC=T'it C_° t~nce*~c}';`••h.nC° ~~I ~. ~ Cr~L2' ~ 4"~. 1 i 3. E~ e°c `~ a roi_*lt 'en t~._ aaOres...iC IdC u'7 ri.c;c-o-~.~v ~~ ..*le o= v:_*'i'~=` ~_:.^.CS ~GLL~eV2.rC, sc..1C ~O?*!L be_T~: ~i1,2 C::'V2 CJ:~C.i?V+` TiC:~'3" e=-' `' , ~-- =._•. ~~c a rzd=ts c 1085.52 _ee = ~ne_~~ _* ~ ', a :.z~c~.t ~...~_*~~ c_ 5.82°lE' 07"h'. , =~-: i~.s`~1L a_Cu7c t^, ~c o sa=c C.:~ve ~.c >~.e-._ sic tvti;-.tee=?y =_c:~-c:-L~: '_i-~e 7E.01 =ee~ .= ~•.~e:: t ~.-~`~ ~:!? a c OZ °06' Sc"' ~ ~= ~_nz e' 'a+c_^_^_~c, ~~~._.~; ~ • ~ -1~= ~== ~= - W m - o ~ C O ~ ~~ •.. g . N ~, m `~ n ~ n O .r ~ ~ "~' ay Cf W ~ (Page 2 0~ 15) ~ ~, .. r7 1~~i PARCEL 61 ~„ Ste. - ,~.,'•~~, ~ i G i "'(G'~ ~ - ~rOT• :hE CfnterlinE G` ir+;.erSett~Or~ Of ~~~:.Er SprirCS ~OUIE- \•erd ar.c hc~:~+err, uey ~s shoxn ir, pitt os t.':t;~_R St=F.;-~~;c L-~;;? FOUL, as retorted iri F1<< fioot: 1F, Pages E, i b £, Fuel it rE- tC~rCS C~ SE~~•inGie COUn:y, ~ iOrl'La, run ti .EC°L~'C'S"~, aiGnC tr,E ter,tEriine G` ~'ir+ter Sprints Soule\'ar[ 2£c".6S jEE.; thence t;.G3`3~'St"~. E0.00 fee: ~o € poin on the I:ortk right o~ ~•e~• iinE cS saic ;:inter Springs bouievari, saic pcir+; baine on t curve concave t;ortherly end havinr• a radius o` IOES.S2 Sect: • thEntE `rom a tanner+t bearing G'~ ~+.E6°2s'OS"z. run LESterly Tong the art oT said curve and alone said t;ortherly right o. ~•e v i i nE iE.01 iEEt through a central angle o` 0: °Ob' SP" to the point c= beeinnine; thence let\•ing said 1\'ortherl~• rioht o` tia1• lino, rur+ 1;.10°2?'i;"1.'. 1i3.$: Beet to the point GS curva- turE Gs a tur~•E ConcavE Souihwesttrly anE havinc a radius o~ 2i.E~ SEet; thence run kerthxesteriy tionc the arc G` seid curve 40.L; Seet through a central aneit of 6_`lt'~1" tc the poin-t o` tangency;. thence run S.££°23'OS"t+', i?0.63 feet to s c~ m poin;. o;i the ~tsterly rioht o= xay ling o= Northern ~e~• (EO' ~„ """ °c . F :; beinc on a curve coatave ~esterl ~• and he.vint f ) laic point ~ N ~ a radius o~ 18:.55 ~®et; thence Sroa+ a tangEr+t bEarinc c` ~ ~:. O t;.07°C1'~£"G'. rur, Northerly aionc the art o= said curve ant r m :. v line x0.08 '°_ t ;hroueh a P IOnG Said ~.. t2rly riGr+: C~ ~•a~ c~ ~ o -- ~ C°ri:r~i ~nC1c G~ t7i~~C':.v" %0 a ~+G1fi'; theme 1EC\'1nG SP1G _ „ ,~ ~: -estEr'ry riGLt G.. ::ay line run 1;.Eo°%.'CS .. 2G;.°6 ~=E: to r _. ~ ,hE DGi rit •O : Curvy :urn G ~ a Lurve EOnta ve SGUt n~•Os t?r i ~• tnc~ ~" .~- he vin- a radius o= i7.62 S=_t-; thence run SoutnEesteri~• clono _he er,: o- said curve li.,.Gi SeE. _hreuoh € cEn.re1 en^ie G: 63=i4'-1" zo th_ point GS tancent~•; thence run 5.10`22' i4"=. 'li'.._00 ;eet to a •poin+t or, the a ~oresaid Irflrther i;• ri cht o: wa_v iinE G: ~intEr Sprints Gouie\•Ero, s.id point boring on a Curve tor,cara t\'orth~rly endr++avino a •radius c= 10E5.52 =00 _; th=nce Sror, a taneent bE~r i n_c o: 5 .7S°3i' C5"~'. run ~'es tRr i y alone the arc o= said curvE and clone Said h'orthErly riGT~t o= +:ay line So.C2 'et. zhrouoh 2 cen~rEi Eng+E o` 0~'38'E1" .o she loin; ' o= bEeinning, to•nteir+inc therein 0.5975 bc•res no re or 1055. - (P~ge 3 of 1~) • „` PAF~L 61 ~~r,;~::i~ iTY L''~ATiSfACTOf~ L 277 ~,, ~.- a ~ t.; ,;~ C~~2a ~Li. ~:J. r L. F•roR t1,r eencer]ine intersection of winter~~ ~"i '~~~+tA~ HtCS plat of Hinter Springs Unit 4, recorded in Nlatn~tlootiul8,~~rac.nd N°r~h Seminole Count err: ~av. as shown on the Y. Clorida; run t1,0)•3o'S,`k, alony the eenterlina6of~tiorth~rnPkav1C fcocords of urrnee n.OE•23'OS`t, 40,00 feet to a point being the point of curvature ofpa~cuzwa eabeavsa;Lastarlvfand havino a 17. 78 feet; feet; run y iana of Norrharn key, laid thence North¢rl~• along said right-of-~av line and alono rndiuc of 11t93.Sg feet through a central aaola of O9•:l•3G- to ctre thQ are: of sale! curve 305.3< :.lent the arc of said curve 45].3) (sec throuat.,a~central an~lenof 1~•; • 3_''10"E. lSl.f1 feet: thence N,26• ~• c 9: chtnee_continuE Northerly t'lorida Povc_ ? l• 2i•.., 28~.)S fast to the Soutt, ]ins ct ~ thancr run 5,70• ant Light CamP~ny Faserwent: tt+anet te,~i•ft5')7`k, slop fee: to said mast right-of way line of Northern ka 110 foot uidt °t "`)' >>ne 126.74 feet to the _ 25 229 said South line 16h,00 y: thence N. '.g"=. along said La::: riaht- radius of 410.00 Ieet; run thence1NnrthQasr~sty ~ nt a curve Concave a central apple of GO.12'2)` tsr1Y along tt+e arc of saadse:urveitt:.•iv and havino a and having ; radius of 296. 47tfeet1e runnthanfpcrNOrcheasterlyre7~fG5 a 1)0.13 feet [brooch curve ci,rouut: .~ central angle of 34.06.0?• c~rrv~ eesRFave NC-rth.+esterly (:or~soration Casement; thence 5.85'10• to t;-c Sn feQt aieing tfie arc a[ said 12`L, with line of lOC :ppc vide Florida Pu.+rr 0="L'. 179.07 fce.c.to tnc i:ortherl 'Tong said Routh lino 90.7) test: of-.•ay line being on a curve eonoava35outJpirsasterl1nanilthavinefaScadsus of plawardensaid.tight- from ~ tanycnt baatine o: S. Y g the arc of sa,d 62 1<•SS`ti:, run Soutl:..esterly alono said rightiof5va0 teat' thence r.he~ce 5.27• carve 7)7,5) feet through a central anSl. of )4.46'29• Y ling tn~ along 20'26"k, 261.56 feet to the to the t»~incl a radius of •., Point of curvature of a curve concave N+erth~csterlyeand~ l0E_ 92 feet; run elrencq touehvesteriv alone use art of sale! curve 960.45 ice:; thence N, 10.22' 29`t;, S0. 00 fact to cite ba bawl„e a radius o: 10?5.92 fret; ginning of a curve concave Northvester)y and alone the are of said curve 1 thence from a tancant bearine of N.7p• _ '0'k• 3'S•]0 fee.; 70.78 .set throvoh a central angle o. 04.26?44b' run Northeasterly 32.'579: acres, thence N,L+9.32.31`~:, 425.)S~fetc td thta Point Ot tsa thence t.,i4•~0• ginnsnr,• COntsi,nin4 therein V~ Q "• O 0 ~~ N ~~ _ e^ o :+ r' r- m ,~ ~ ~. O -- o r",. -~' y • - cs m L.t't (Pane 4 0~ I5) DESCRIPTION: i _ L f f ^ 1. F ~ ~ ~~ That part of the MAP OF THE. PHILLIP R. YOLTNGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County and that part of Sections 5 and 8, Township 21 South, Range 31 East, Seminole County, Florida, being described as follows: Begin at the Northeast corner of said Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00°24'55" E along the East line. of .the Northeast 1/4 of said Section 8, for a distance of 205.66 feet to the Point of Intersection of the Northerly Right-of-1~'ay line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' K.IW) with the Easterly Right-of--Way Line of the Black Hammock Branch of Seaboard Coast line Railroad, said Point of Intersection being a point on a can-e concave Northeasterly having a radius of 799.85 feet and a chord bearing of N 49°02'35" W; thence run Northwesterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 08°11'08" for a distance of 11.27 feet to a point on a curve concave Northeasterly having a radius of 651.23 feet and a chord bearing of N 20°36'17"' W; thence run along the arc of said curve and said Easter? ;• Right-of-V~ay line taroush a central angle of 54°36'00" for a distance of 620.40 feet; th~nee run ITT 06°21'38" E along said Easterly Right-of-Way line fora 1540.55 feet; thence leaving said Easterly Right-of-Way line run S 8g°32'22" E along the South Right-of-Way line of State Road No. 434 (60' R/V4~ for a distance of 131.05 feet; thence run S 00°11'57" W along the East Line of the Southeast 1/4 of Section 5, .Township 21 South, Range 31 East for a distance of 1958.31 feet to the POINT OF BEGII~'NING. TOGETHER WITH: Commence at the Northeast comer of Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence -run S 00°24'55" E along the East Iine~of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the I~Iortherly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' RJV~; thence run N 54°34'57" W along said Northerly Right~f--Way line for a distance of 293.14 feet to a point on a .curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66°56'09" W; thence run Northwesterly along .the arc of said curve and said Northerly Right-of--Way Iine throu gh a central angle of 24°44'10" for a distance of 845.83 feet to the point of tansency; crs 0 0 c ~~_ a tv rn r ~: %~ ..... z 'F` a i ' _ (Page ~ o~ ?5) r..~~ .} thence run N 79°18'14" W along said Northerly Right-of-~Va}* Dine ~or a ~ distance of 691.26 feet to the oint f 4 p o curvature of a curve conca~~~;~;~~~_ ~~, Southwesterly having a radius of 2612.09 feet; thence run No h r= rt westerly along the arc of said curve and said Northerly Right-of-V~'ay Iine through ° ' a central angle of 11 46 38" for a distance of 536.92 feet to the oi t f p n o tan`ency; thence run S 88°55'08" W along said Northerly Right-of--Way line for a distance of 96 48 feet t th E l . o e aster y Right-of-V4'ay line of Proposed Vistawilla Drive and a point on a curve c oncave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44°5'28" E; thence run Northeasterly along the arc of said curve and said Easterl y Right-of-Way line through a central ankle of 69°00'18" for a distance of 554.0 1 feet to the oint f . p o reverse curvature of a curve concave Northwesterly having a radius of 790 00 f . eet and a chord bearing of N 44°50'50" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 69°0'33" for a distance of 952.65 feet to the POINT OF BEGINNING; thence continue Northerly along said Easterl Ri ht- f W li y g o - ay ne and said cun~e havinII a radius' of T90.OO~f get and a chord bearing of N OS°22'51" E throu h `„' ~ , g a central angle of 09 50 25 ror a distanc,, of 135.6$ feet to a point of non- ^ o ~~ tangency; thence run N 06°10'16" E along said Easterly Right-of-V~'a}' Iir~ for a distance of 100 50 feet the N ° ' " ''`' . ; nce run 00 27 38 E along said Easter Right-of-V~'ay line for a distance of 214.99 feet to the point of curvatu - re o acurve concave Southeasterly having a radius of 25.00 feet; thence run r Northeasterly along the arc of said h ~' ~ curve t rough a central angle of 90°00'00" for a distance of 39.27 feet; thence run S 89°32'22" E alor.; a line that is 25 00 feet S h ~ . out of and parallel with the South Right-of-V4'ay line of State Road 434 for a distance of 404 53 f . eet; thence run N 00°27'38" E for a distance of 25.00 feet to said South Right-of Way liae; thence run S 89°;2'22" E along said South Right-of-V-Tay line for a distance of 639.86 feet to the West Right-of-Way line of the B1ach Hammock Branch of the Seaboard Coast Line Railroad; thence run S 06°2 ' " 1 38 W along said West Right-of--Way Line for a distance of 502.66 feet; thence le i av ng said West Right-of-~Vay Iine run N 89°32'22" W for a distance of 1039.34 feet to the POINT OF BEGII~'Il~IG. TOGETHER WITH: Commence at the Northeast corner of Section 8, Township ,21 South, Range 31 East, Seminole County, Florida, thence run S 00 24 55 E along the East line of the'Norrheast 114 of said Section 8 for a distance of 205.56 feet to the I~Tortherly Right-of--Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' RJWj; thence run N 54°34'57„ W along said Northerly Right-of--Way line for a distance of 293.14 feet to a (Page 6 0~ 15) _ i --~ point on a curve concave Southwesterl}• Navin, a radius of 1 °9.19 feet ~~d a chord bearing of N 66°66'09" V~'; thence run 1\1orth~~esterl~~ alone the arc of said curtife and said 1\Tortherly Right-of-~Vay line ~throu~h a central angle of 2-^.°44'10" for a distance of 845.83 feet to the point of tz*t~encti•; thence run N 79°18'14" V~' along said Northerly Right-of-V~'a}• line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northw l ester y alone the arc of said curve and said Northerly Right-of-V~'a.y lime ti`2rough a central angle of 11°46'38" for a distance of 536.92 feet to the point of tangenc}-; thence run S 88°55'08" ~V along said Northerly Right-of-Wa}~ line for a distance of 178.11 to the Westcrl;• Right-of-~Vay Iine of Proposed Vistawilla Drive; thence run ItT 10°23'19" E along said Westerly Right-of-V~'ay line for a distance of 16.23 feet to the point of can-attire of a curve concave Southeasterl;~ having a radius of 540.00 feet; thence run along the arc of said curve and said Westerly Right-of-Wav line th.rouQh a central angle of 69°00'18" for a distance of 650.36 feet to the point of reverse curvature of a curve .concave Northwesterly havilZg a radius of 710.00 feet and a chord bearing of N 71 °5-".'S5" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 14°57'22" for a distance of 185.33 feet to the POI~'T OF BEGII~TNZNG; thence leaving said Westeriy Right-of-Way Iine run 1\T 30°22'39" W alon, anon-radial line for a distance of 356.C4 feet; thence run ~1 89°52•;0'• ~,% for a distance of 2?50.00 feet; hence i ~n ~`~ N 00'07'21" E for a distance of 100.00 feet; thence run N 47°01'59" E z for a distant- of 292.95 fee ;thence run N 00°07'~ 1 " E f or a distance of ?00.00 feet to the South Right-of-Fi%ay line of State Road No.-:34 (60' RI~4~; ti~ence rtin S 89°52'19" E along said South Right-of-VJay line fora disaace of 1580.00 feet; thence run S 89°32'22" E alor.Q said South RiQht- of-~i%ay Iine for a aistance of 611.08 feet; thence leavi~~s SaiCl South RlQi7t- of-~-'ay line run S t~0°27'38" W for a distance of 25.00 fee: thence run S 89°32'22" E along a Iine 25.00 feet South of and parallel with said South Right-of-Way Iine for a distance of 395.00 feet to the point of curvature of a curve concave Southwester-iy having a radius of 25.00 feet; thence run Southeasterly along .the arc of said curve through a central angle of 90°00'00" for a distance of 39.27 feet; thence run S 00°27'38" W along the Westerly Right-of--Way line of Proposed Vistawilla Drive for a distance of 214.99 feety thence run S OS°15'00" E along said Westerly Right-of- way line for a distance of 100.50 feet to a point on a curve concave Nortnwesterl}' having a radius of 710.00 feet and a chord bearing of S 32°26'56" W; thence run Southwesterly along the arc of said cunle .and said Runt-of Way line through a central anQIe of 63°58'36" for a distance of 792.79 feet to the POINT OF BEGII~~TII`'G. To?eti'7er cont`ini_ng a total of 66.968 acres more or less and br:.-,a suo}ect to 2ny ri~hu-o-w2y, res~:ictions and ~ase~nenu of r~core. r~ r -, a ~ r T 0 ~~ , ~; T w _ o Q a. N .n 0 .~` m as ~^ (Page 7 0~ 15 ) DESCRIPTION: That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County and that pan of Section 5, Township 21 South, Rage 31 East, Seminole County, Florida, being described as follows: Commence at the Northeast corner of Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00°24'55" E along the V East line of the Northeast 1/4 of said Section 8 for a distance of 20~ 56 feet to the Northerly Right-of-V~~ay line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' R/W); thence run I~7 54°34'57" W along said Northerly Right-of--Way line for a distance of 293. i-. feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66°56'09" W; thence run Northwesterly along the arc of said curve and said Northerly Right-of-S~%ay line through a central angle of 24°44'10" for a distance of 845.83 feet to the point of tangency; thence run N 79°18'14" W along said Northerly Right-of-VGjay line for a distance of 162.82 feet to the POINT OF BEGINNING; thence continue N 79°18'14" W along said Northerly Right-of-Way line for a distance of 528.44 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence ~z Northwesterly along the arc of said curve and said Northerly Right-of- ~~%ay line through a cen_ral angle of 11°46'38" for a distance of 536.92 feet to the point of tangency; thence run S 88°55'08" W along said lortherly Right-of--Way line for a distance of 96.48 feet to the Easterly Right-of-Way line of Proposed Vistawilla Drive and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44°53"28" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way line through a cent,-al angle of 69°00'18" for a distance of 554.01 feet to the point of re~ferse curvature of a curve concave Northwesterly havilzg a radius of 790.00 feet a*td a chord bearing of N 44°50'50" E; thence run Northeasteriy along the arc of said curve and said Easterly Right-of--Way Iine through a central angle of 69°05'33" for a distance of 952.65 to a point of non-tangency; thence leaving. said Easterly Right-of--Way line run S 89°32'22" E along a . non-radial line for a distance of 1:03.9.34 feet to the Westerly Right-of--Way line of the Black Hammock Branch of the Seaboard Coastline Railroad; hence run S 06°2I'38" W along said Westerly Right-of--Way line for a distance of 525.90 feet to the point of curvature of a curve concave Westerly having a radius of 552.67 feet and a chord bearing of S 12°32'48" ~'V; thence run Southwesterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of IZ°22'20" for a distance of 119.34 feet to a point on a curve concave Northwesterly ~ N ~- C o t- q -~; c~ ~ . -- °~ o ~~ ,., o ~ r ~ rn A o rte" .sa- a y ~~ (Pane 8 0 15) havins a radius of 656.13 feet and a chord bearing of S 51°12'30" ~~-; thence run Southwesterly along the arc of said curve and said Westerly Right-of--Way Line through a central angle of 77°02'04" for a distancerof 882.17 feet to a point on a curve concave Northerly having a radius of 799; 85 feet and a chord bearing of N 85°21'I4" W; thence run Northwesterly along the arc of said curve and said Westerly Right-of-VVay Iine and along the arc of said curve through a central angle of 12°05'59" for a distance of 168.91 feet to the Point of Intersection of said Westerly Right-of--Way line with the Northerly Right-of-~'~'ay Line of said Lake Charm Branch of the Seaboard Coastline Railroad Right-of-Way and the POII~TT' OF BEGINNING. ` TOGETHER WITrI: l/1 ~~ f~- Commence at the Northeast corner of Section 8, Township 21 South, Range ~, 31 East, Seminole County, Florida; thence run S 00°24'55" E aiona the ~ ~, East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the _ Seaboard Coast Line Railroad (100' R~Vi~; thence run ITT S4°34'57" W v along said Northerly Right-of--Way line for a distance of 293.14 feet to a ~ =~ ~ ` point on a curve concav oSouthwesterly having a radius of 1959.19 feet and '~`~ a chord bearing of N 66 56 09 W; thence run Nor-,:nwesterly along the arc of said curve and said Northerly Right-of-Way line through a central angle of 24°44'10" for a distance of 8--.5.83 f"get to the point of tangency: thence run N 79°18'14" W along said hTortherly Right-of-VG%ay line for a eista*tce of 691.26 feet to the point of curvature of a curve concave Southwesterl having a radius of 2612.09 fee c~ y ~ t; thence run Nom ~hwesterly `° along the arc of said curve and said Northerly Right-of-fi4Tay line throuQii a ~ ° ~ central angle of II°"-.6'38" for a distance of 536.92 feet to the poil-~t of tangency; thence run S 88°56'08" W along said Northerly Right-of-Vv'ay line for a distance of 178.11 feet xo the Westerly Ri ght-of--Way Lne of •° -" ~= Proposed Vistawilla Drive and the POINT OF BEGINN~IG; ~ ~ ~"' tlleIICe run ~ N m L' N 10°23'I9" E along said Westerly Right-of--Way line for a distance of o 16.23 feet to the point of~curvature of a curve concave Southeasterly -~ .having a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly Right-of--Way line through a central angle of 69°00'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of N 71°54'55" E; thence run Northeasterly alonj the arc of said curve and said Westerly Right-of--Way line through a central angle of 14°57'22" fora distance of 185.33 feet; thence leaving said Westerly Right- of-Way line run N 30°22'39" Walong anon-radial.line for a distance of 356.04 feet; thence run N 89°52'39" W for a distance of 3675 feet more (Page 9 of 15 ) .. or Iess to the centerline of Howell Creek; thence run Southerly along the centerline of Howell Creek fora distance of 1050 feet more or less to the NorcherIy Right-of-VG~ay line of Lake Charm Branch of the Seaboard Coastline Railroad; thence run N 88°5'08" E along said Rig line fora distance of 3153 feet more or less to the POII~TT OF t-of--Way BEGINNING, Together containing a total of 104.0 acres more or less and being subject to any right-of-way, restrictions and easements of record. .~; ~ N r ~ _1 1 , ~/ r ..; G ~ -+~ r `'b r~ ~7 ""~" 0 C ~~ :~ Z N *~ e~ o s P- r m ~: O ~~ G" X ~ N rn gage 10 0~ l~) DESCRIPTION: That pan of the MAP OF THE PHILLIP R . YONGE GR.4.1~'T. as recorded in Plat Book 1, Pages 35 throu~-h 38 of the Public Records of Seminole County, Florida, being described as. follows: Commence at the Southeast comer of Section 8, Township 21 South, Range rv T ~ ~ = 31 East, Seminole County, Florida, thence run S 00°24'56" E along the ;~ ~' East line of the Northeast 1/" of said Section 8 for a distance of 206 56 feet r . to the Northerly Right-of-Way line of the Lake Charm Branch of the ~ ~-~ ~- Seaboard Coast Line Railroad (i00' R/W); thence run X154°34'57" W ~ -~ along said Northerly Right-of--Way line for a distance of 293.14 feet to a ~ `_~ `= point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66°56'09" W; thence run Nor~hwesterly along the arc of said curve and said Northerly Rlghi-of-Way line through a central angle of 24°44'10" :for a distance of 845.$3 feet to the point of tangency; thence run N 79°18'14" W along said Nonherly Right-of-Way line for a distance of 691.26 feet to the point of can-ature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of--Way line through a central angle of 11°46'38" for a distance of 536.y2 feet to the point of v ~,~, -- 0 tangency; thence run S 88°66'08" W along said Northerly Right-of-"'Tay 3 ° ~~ line for a aistance of 178.11 feet to the Westerly Right-of-V~%ay Iine of z `" ~~ vistawilla Drive; thence run N 10°23'19" E along said Westerly Right-of- Wa}t line for a distance of 16.23 feet to the point of curvature of a curve ^" concave Southeasterly having a radius of 5--.0.00 feet; thence run ~ N I`Tortheasterly along the arc of said curve and said Westerly Right of-V~Tay ~~ "' line through a central angle of 69°00'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Nor`~hwesterly having a radius of 710.00 feet and a chord bearing of N 71 °5 ^-.'S5" E; thence run Northeasterly along the a.rc of said curve and said Westerly Right-of-Way line through a central angle of 14°57'22" for a distance of 185.33 feet; thence leaving said Westerly Right-of--Way line run N 30°22'39" W along a non-radial line for a distance of 356.04 feet; thence run ITT 89°52'39" W for a distance of 2250.00 feet to the POINT OF BEGINN~IG; thence run N 00°07'21" E for a distance of 100.00 feet; thence run N 47°03'59" E for a distance of 292.95 feet; thence run N 00°07'21" E for a distance of - 190.00 feet; thence run N 89°52'39" W for a distance of 311.14 feet; thence run N 00°07'21" E for a distance of 210.00 feet to the South RiQht- of-Way line of State Road No. 434 (60' R/~'~; thence run N 89°52'39" W ~ along said South Right-of-Way line for a distance of 522.20 feet; thence _ run S 89°32'14" W along said South Right-of-V~'ay line for a distance of 850 feet more or less to the cenrerl;re of with Howell Creek; thence run iPaae 11 0= 1~) ' ~ Sout}~erly along the centerline of Howell Creek fora distance of 950 feet Wore or less to a point in said centerline of Howell Creek IvinQ 1~ 89°52'39" W a .distance of 1425 feet more or less from the POL~'T OF . ~ BEGIl`TI\~'vG; thence run S 89°52'39" E for a distance of 1 ^25 feet more or less to the POINT OF BEGINNING. Containing 25.2 acres more or less and being subject to any right-of--way, resu-~cnons and easemenu of record. ~: m G -.. 1! ~J r r r., c-• ' o ~ ' r ~ ~ CJ c. 1 ~~~ W O 3 O = N r O A ~ r m ~. o - ~ -n .~ 'fl r N ~ m 4] - t?aae 12 ~i ]=1 _._S~~_y~ ?hRC~:, i5/PARC'L 9 ~-- DESCRIPTIOI\T: That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded in Plat Book 1, Pases 3S through 38 of the Public Records of Seminole County, Fonda, being described as follows: ' Commence at the Southeast comer of Section 8, Township 21 South, Range 3i East, Seminole County, Florida, thence run S 00°24'55" E along the East line of the Northeast 1/4 of said Section $ for a distance of 205.56 feet to the Northerly Right-of-u'ay line of the Lake Charm Branch of the Seaboard Coast Line Railroad (I00' Rft~; thence run N 54`'34'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 195.9.19 feet and a chord bearing of N 66°56'09" W; thence run Northwesterly along the arc of said curve and said Northerly Right-of--Way Iine through a central angle of 24°44'10" for a distance of 845.83 feet to the point of tangency; thence run N 79°18'14" W along said Northerly Right-of-VJay line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run I`Torthwesterly along the arc of said curve and said Northerly Right-of-Way line through a central angle of l l °^ 6'3$" for a distance of 536.92 feet to the point of tangency; thence run S 88°55'08" W along said Nor•~herly Right-of-~4Tay line for a distance of 178.1 i feet to the Westerly Right-of W'ay lint of Proposed Vistawilla Drive; thence run N 10°23'19" E along said Westerly Right-of-Wray Iine for a distance of 16.23 feet to the point of cun~ature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way . line through a central angle of 69°00'18" for a distance of 6S0.3b feet to the point of reverse curvature of a curve concave Northwesterly havlizQ a radius of 710.00 feet and a chord bearing of N 71°54'55" E; thence run Northeasterly along the arc of said curve and said Westerly Ri aht-of-Vv'ay line through a .central angle of 14°57'22" for a distance of 185.33 feet; thence leaving said Westerly Right-of--Way Line run N 30°22'39" W along a non-radial line for a distance of 356.04 feet; thence run N 89°52'39''' W for a distance of 2250.00 feet; thence run N 00°07'21" E for a distance of 100.00 feet; thence run N 47°03'59" E for a distance of 292.95 feet; thence run N 00°07'21 " E for a distance of 190.00 feet to the POINT OF BEGIl~~TING; thence continue N 00°07'21" E for a distance of 210.00 feet; thence run N 89°52'39" W along the South Right-of-Vday line of State Road 434 (60' R/V~ for a distance of 3l 1.14 feet; thence run S 00°07'2I" W for a distance of 210.00 feet; thence run S 89°S2'3'9" E for a distance of 311.14 feet to use POINT OF BEGII~TI~~sG. Contair_ina 1.500 acres more or less 2nd bPin~' subject to 2n~- riche-of- Wa}•, rest,-;ctions 2nd easements of recor~. ~ N c r' ~~ '= ~r ~- ~ ,_ c .~;~ fr. w- 0 0 rn D ~ o N r- r rn a: o ~ N m .~ ('rage ~3 0 15) ?.S i ~ an 80 (~an~ine?) n~-c~orr: ~,,.;.- .~~q l~:~CK~~~~PNI~S .1I1 tfrat psrt of the ~dsa of the Phi I1 ip . R. Y osi Sc Grant a r~ord~d i n :~., N o Pizt Boot 1, Pict 35 thcoagh 3~ of the Public Rxosds of Scrninak ~, r' ~ ~, Cousrt7, ~=foric#~t sad : portion o~€ tie Soethcast.l/4 aC Section S and z ~' pion of the Noc~hcast 1 /4 of ' Scctioa E, Towaship . 21 South, Rangc ~'~ 31 Esst, Scmiaole County, Flatlds, lying South of S.P.. 43.4, (old S.R. ~ ~ -. 419-, Nom of t!!e Lzl~cChum .Brunch of the Scabosrd Ce:.:st Line ~ "~' ~^= + Railroad and East of GARDENA FARMS, TOWN SITES sa recorded in .~ ~ Plat Boob f, Pagc 39 of the Pnbtc Rc: ords of Scminolc County, Floridz, less Right- pf -Way far 8 lock h+ommock Bronch of tfie S.C.L. Roilroad. Ati together Contoining 2?E.322 ocres more or less. w --~ O m o ~~ tV _ o r-- m r ~- ~_ ~ O -- ~ o ~~ r .~- ~~ ~ N rn C.1't (~aQe lY o' 15) iA~ JESSUP PF2fJPE.F~'Y DES ce~~ri o~ ~1_ l cn N Rs .~ ~ .- ;~ ~ __ r, fie- / i j C7 A ~1 r. r:. }• /~ =~ I. • ~tiI I ~ Lo:s 1 nd =. Bloci: a. D.R. ~~ITCI~IL•LL`$ SLR~'L•>` OF TI iL• L~t'Y ~R:~~T ;tccor,~',in~ to ti:e ~I:tt rccnrdcd in P1;u t3ook 1. P ,_c ~. of t;:c Ptti,lic f~:cords o!~ Semino!:: Count~~. Floriua. Con::tinin` .C.7 ;tcrcc m~rc or less. LEGIBI~IY UNSATISFAAI'ORY F/_!R MICKOFlLMING c1a .r - ~ o ,~ z N =F or r: m ~ ~ o - ~ 'R '-~' ~v r eV rn T {PaaA 1~ o= ?~) EXHIBIT "B" PERMITTED COMMERCIAL USES 1. The following uses are permitted in the Tuscawilla PUD: a. Administrative public buildings; b. Advertising agencies; c. Alcoholic beverage sales (package); d. Alcoholic beverage, on-premises consumption, provided food is also served; e. Alterations and tailoring, shops and services; f. Antique and gift shop; `~' g. Appliances, sales and service; ~ N h. Artists' studios; ~' i. Attorneys; c ~' j. Automotive accessories sales; ~ k. , Bakery, retail; ~; o 1. Bathroom accessories; r _,•-~ m. Bicycles, sales and service; c~ ~' ~; n. Bookstores, stationery, newsstands; ~..rt ~°~ o. Bookkeepers; p. Bowling alleys, provided either (i) no building may be located nearer than two hundred fifty (250) feet to any residential property line or (ii} the proposed developer shall provide reasonable evidence that noise emanating from ins'd h b •Id' q: s. t. u. v. w. x. Y- z. aa. ab. ac. ad. ae. af. C/BJM 6786062PCU 07/30/90.1 i e suc ui ing cannot be heard cry from residential property within the Tuscawilla PUD;N Butcher shop, retail only; R, o Carpets, rugs and linoleum; = cv Car wash, automated and enclosed, similar to Shiners° and those associated with gasoline service stations;, Churches; o Cleaners; Coin dealers; Computers, hardware and software sales and service; Confectionary and ice cream stores; Convenience stores and markets, including those which sell gasoline, provided gasoline pumps shall not be located within two hundred fifty (250) feet of any residential property line; Dance and music studios; Day nurseries, kindergartens and day care; Drug and sundry stores; Employment agencies; Financial institutions, banks, savings and loan; Florist and gift shops; Full and self service gas stations (major oil companies), including those providing mechanical repair service, cad washes and convenience stores, provided these are located adjacent to State Road 434 and no gasoline tanks are located within two hundred fifty (250} feet of any residential property line; 1 -~- N -•s m 0 r ~: G ~ `: m ag. ah. ai. aj. ak. al. am. an. ao. ap. aq. ar. as. at. au. av. aw. ax. ay. az. ba. bb. bc. bd. be. bf . bg. bh. bi. bj. bk. bl. bm. bn. C/BJM 6786062PCU 07/30/90.1 Furniture, retail; Grocers, retail; those whose limited to the retail sale of produce, meats and household include the sale of gasoline; Hardware stores; Health food; Hobby and craft shops; Hospitals and nursing homes; Ice, retail, when associated use; Insurance; business include and are groceries including goods, but shall not with another permitted Interior decorating and draperies; Jewelry stores; Libraries; Loan companies; Locksmiths; Luggage shops; Medical clinics and laboratories; Outdoor advertising signs sales offices; P ~n 0 t rn G ~1 r aint store; Parking garages when associated with another permitted use; Pets shops and grooming; Photographic studios.; Physical fitness and health clubs; w Post office; ~ -- Private clubs and lodges; ~ ~ Quick printers• ~ N v N a '~ c -,., C7 T~~ L+: ~~ .... ~~~+ ~, m 0 ~^.'. a b rn o Radio and TV broadcasting studios, excluding towers! Radio, TV, video and stereo sales and service; c Rental shops; -•, .~-- Regulated professions, offices and professions ~ N licensed and regulated by the department of ao professional regulation pursuant to F.S. Ch. 455 and F.S. X20.80, as now existing or as hereafter amended; Restaurants; Schools, public, private and parochial, service vocational schools (such as cosmetology, medical and dental~•assistant's training) requiring no mechanical equipment; Shoe repair shops; Skating rinks, provided either (i) no building may be located nearer than two hundred fifty (250) feet from any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential property within the Tuscawilla PUD; Sporting goods, retail, such as Sports Unlimited, Sports Authority, Oshman's, Robby's and specialty sporting goods stores; Swimming pools; sales, service and supplies and 2 • ~ ~ contractors associated therewith; bo. Taxidermists; •~ bp. Telephone business office and exchanges; bq. Theaters, not drive-ins; br. Title companies; bs. Tobacco shops; bt. Toy stores; ~`~-~ bu. Travel agencies; ~~ `" o bv. m Wearing apparel stores; = - ~ ~. bw. _ ~~ Hairstylist, barber shops, beauty shops; r- ~ bx. Musical instruments, sales and service; ;; ' by. Record stores, music stores; c ~ bz. Optical services and sales; ~ `. ca. Camera shops, Photographic stores, Photo developers;- '~ ~`~ cb. Party supplies and services; -., cc. Doctors, Dentists; cd. Department stores and clothing stores, such as Burdines, Iveys, Jordan Marsh, Ross, Marshalls, K-Mart, Wal-Mart, Target, Service Merchandise; ce. Fast .food restaurants, including drive-through services; cf. Specialty groceries and foods, such as Petty's, ' Barney s, delicatessens.; cg. Office buildings and office parks, general; ch. New car dealerships and customary associated services ci. Tire stores and services customarily associated w therewith, such as Firestone, Goodyear, Allied "' o ~„ Discount Tires, Sears, K-Mart; 3 0 ~ cj. Automotive services, specialized such as oil change ~ N and tune up centers; r- ck. Boat sales and services ~" (new), including eustomaril}~ ~; , associated services; _ x cl. Retail sales: Building and Plumbing supplies, '~ .~- ~`' including those associated with hardware stores, such sN~ `" as Tru-Value, Ace, Scotty's, Handy Dan's, Builders Square, Home Depot, etc.; cm. Cabinet sales, retail; cn. Cold storage and frozen food lockers when used in conjunction with a primary use such as grocery, restaurant and similar uses; co. Manufacturing and assembly of scientific and optical ~ precision instruments; cp. New recreational vehicle dealerships and customarily associated services uses; cq. Roofing, retail sales, when associated with another permitted use; cr. Mini-Warehouses and storage; C/BJM 3 6786062PCU 07/30/90.1 cs. Pest control and exterminating services, offices, no chemical storage; ct. Nursery products and supplies, plants, trees and associated uses, including stores such as Frank's Nursery, White Rose, etc.,~not including manufacturing and wholesale distribution of bulk materials; cu. Home improvement stores such as Scotty's, Builder's Square, Home Depot; and cv. Video stores, sales and rentals. 2. The parties agree that intended uses hereunder include those normally associated with retail commercial areas and shopping centers. It is the intent of the parties that this list is not all inclusive of permitted Commercial uses, provided that additional Commercial uses shall be subject to the approval of the City Commission.. The uses hereunder may be free-standing or part of an attached shopping center. :~: ~ ra E~ L, t~'1 .~ f 1J ti~ n o ~ ~~ CJ y r*~ W ca -- o 3 O ~~ -~, z N o =- r r' rn - a+ n p ~"' G T ~' L r„ a ~: w rn 4 C/BJM 678b062PCU 07/30/90.1 ~~.~..~_ Lake Jessup - ,c_ "l:. = ~ ~ ~ ~ ` t'r? '~- `• LAKE JESSUP PROPERTY :;~ r `` ;~ LAND USE `"~ ~ ~ \ ~ -~.. t ~~ road:u SINGLE FAMILY MULTI FAMIU' `~ Q COMMERCIAL ~ i '+4 D ROAD R.O.w. ~ i~ '~ tiW ~- ~ O ~ - PARCEL 80 ~°aT .•.......~... r • '~ r "'~ ~' ""' ~ !11 r' i n ~ ~ ~~"~ ~• ~ ........,..~ -.• ..... PARCEL 15 j i .., _ ~...... ` ~ 1 .,, `•, 1~ .Y.~ _ PARCEL 61 ~• ~ ~ .. P " ..+ iT, ' ~c~ t 1 Y ~ ~ o, :...:,. 1:, ~ ~...,, ~~ • ssv - ~ PARCEL 14C ~~~ ~ ~~ O ~ \'' '~ REMAII~tING PROPERTY fiUSCAWILLA P.U.D. ~ WINTER SPRINGS DEVELOPMENT JOINT VENTURE "~~°` . .: _ -- ~ . - -- ',~~ ;raj 1. J::j ~~ ~~I`4 ~- ~'~ii j ~~(; r r i~t~ i L( f tl '1 jiii<<I I. I•rr j. f:j;ii;t ~ fn! c r•. f ir' i;; /1~(r~ ~~. ~i i I:f ~• i .~ i i~ ~; ~ ~ `~ .~ i ., ~i y~ L. ~ :1~•~j~l `: ti I i ~ : ~ ti ~~ ' i~ =a :• ~ ' 7 `~ ~;, t ~ ' n ~ '~ ~ ti ,~ t ~~ I t' 1 ( /r f .r ~fsl~.•f( 1~~1iJtjji Ett(t;lt:( i1{t~ijl( tIrllf: .;j{`rjj . 1. {~ i~ ~, ll fl f J T r~ (~~`'~ , +t IIi; f«f ~~ ri; ~~ r~ r '~ M .; i~ ~. ,b f~ '3 1 _ ` Ci L T t ~il1i._fi r iii t ++~~~ .. i. ~ 7. i:.:~ ~` `~ a t. ~ i:r ~S Ii:i= ~ •~ ~•' f ~• .~ •' C~ ) ~~~' •~'•..... .:s r f / j'r~ y2: ~~ I r ~~: . .1` 1 / s Is ~ f~srt ~ ,~ _ .. CO 1~•~1{ ..... GIJLFSTRrAM OPtLAngC YC~O~. N••N./~ n/C .. Y~J CO . ..... O 3 N ~ 0 r... r m ti..~ V "~' r .C ~ ~ ~ .~ . L7 C !~7 . ~ .~... r `° ~ ~ . n C.7 6D ~ : y7 ~ ^ ' ' ' ~ C -G ~ c e { ~~~~~ tM•t~.~~ t~lt~~'{~tt~tl~TLt. .~C ~ D.t+wCL.G gr+fi6 iV*~t.at ~..~ 1Yr~~ W.. «~ ... N~~. Yw. lbw ......r ~r~~ Ijl(/# r•- Tr ' art Itj t f s ` r_~~~ ;(~ ~?; 1 ((If`• 1. r{ Y i~ f; ~•c- Ji ~i , /, ~~ I ;~ ~ ' ;! i rJ ` ~ ! ;. `. ,~~ (~; ~ r I f r i. ri . (~ ~` I ~.rr (~ I I (r I I I ~ r-•-N, .~,t~~i ,i- t' 11i~;jf ('()~;j eJ.;f~.~TJ~ i((T 1 t .~~ E, uj, ~ 1 '' if{( rj'~~{i'~fr ~,,( f-~ A r _. ;, :-:•~ ,, RECORDED & VER-FIEn ~~ : R?`, OF C(RCUIj COUR"i 0 9 0 3 5 9 0 96 ocT 22 An s= 09 ~~..: ~E_COND AMENDMENT TO SETTLEMENT AGREEMENT THIS SECOND AMENDMENT TO ,SETTLEMENT AGREEMENT (the "Ser~nd Amendment"), is made and entered into this?x'F'~day of , '_ ~7 f~,~ ,c'~ ~ 19~, by and t,,~ between FLORIDA COUNTRY CLUBS, INC., a Florida corporation ("FCCI") and THE Ck'SY - ~a OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (the "CITY"). z ~ WITNESSETH ~ D A ~ ~*7 WI~REAS, on or about May 5, 1992 the CITY and FCCI did reach the terms of a settlem°ent~ -~ o through mediation of Case No. 91-2244-CAC, FCCI v. CITY in the Circuit Court for Semi olecn : ~o County, Florida (the "Court"); and ~- `~`'u' ~•1/HEREAS, on or about June i6, 1993, FCCI and the CITY did execute and enter into ghat certain :-ettlement Agreement (the "Settlement Agreement"), now on file with thr, Court; and WHEREAS, the Settlement Agreement was intended by the parties to memorialize the issues resolved by the parties in their mediation conference (the "Mediation"), and was intended by the parties to be binding upon each of them in order to settle the pending litigation; and WHEREAS, the parties entered into an Amendment to Settlement Agreement No. 1 (the "First Amendment") on April 14, 1994, now on file with the Court amending; the Settlement Agreement; and WHEREAS, FCCI and the CITY have determined that it is in their mutual best interest to clarify certain of the terms of the settlement contained in the Mediation Settlement Agreement and the First Amendment based upon the representations of FCCI to the City at its City Commission meetings on May 8, 1995 and July 24, 1995, that are incorporated herein. by refer~:nce. ~~. rrow, THEREFORE, in consideration of the recitals and other good and valuable consider ition, FCCI and the CITY agree to modify and clarify the mediated settlement of Mf:y 5, 2992, t!•r.: Settlement Agreement and the First Amendment as follows: :~, 1. The parties acknowledge and agree that the Settlement Agreement as amended by the First Amendment and this Second Amendment is valid and binding upon the parties, except as specifically modifitd herein. The parties agree that they have been fully informed of all matters ~~ relating to the mediation, the Settlement Agreement as amended by the First Amendment and this Second Amendment, and intend to be bound by this Second Amendment. 2. Paragraph 2(b) of the First Amendment is hereby deemed to he replaced and substituted by the following: ' , "(b) FCCI has not as yet completed the preliminary engineering for the lots depicted on the Conceptual Plans for Parcels 7 and 8. Parcels 7 and 8 are ~I those described more fully in Exhibit "A" attached hereto and incorporated ~ l~'~`l ,. "... _ .. herein. FCCI may increase the number and/or reduce the size of lots located in Parcels 7 and 8 (the parcel bounded by the 10th fairway, 1$th fairwaS~ and Howell Branch Creek). Subject to approval of the preliminary and ,final engineering plans and plats, FOCI shall be permitted to develop not more than nineteen (19) lots on Parcel 7 and forty-six (46) lots on Parcel 8, pro ' edw said lots can be developed in accord with applicable City Codes, and te,~ and/or Federal laws or regulations. The City shall promptly process. reg~vu~ and present. to the City Commission for its approval or disapproval Bch modifications to the Conceptual Plans (as well as preliminary and ~al engineering and plats) for each of such parcels as and `when submitte~byp FCCI. As provided in the Settlement Agreement, the tarn "Develop~n~ Property" shall hereafter be deemed to include the following: (a) the land lying north of the ninth green directly east of the parcel commonly known as the "Hooker Parcel" adjacent to the country club clubhouse and parking lot; and (b) the parcel bounded by il:e 10th fain„a~-, 13th fairway and Howell Branch Creek. Each of these areas may be used in conjunction with the development of single-family uses and not be required to be maintained as "Golf Property". 3. The approximate one hundred feet (100') of land lying adjacent to the 2nd through the 4th holes of the Club and the property commonly known as "bloodstream" shall be part of bloodstream Unit 2 Development and shall be considered "Development Property". 4. All other terms of the Settlement Agreement and the First Amendment not modified herein shall remain in full force and effect. IN WITNESS WHEREOF, FCCI and the CITY have executed this Second Amendment as of~,~.~y,d~~'-'r.~.~r- ~(~ , 1996. Witnesses: FLORIDA COUNTRY CLS, INC., ~~-~/ ~;~.~ ~-` •N. THE CIT'~l~ O>P'~ t;~V ~ SPRINGS, r FL~~`a~ Florida muiiic ~+corporation ~. By:_ ~ _ r ti . O ~~,~~ 1 _ ~ ~ ~ ti~ ~~i , `~ r'~' l C Utl~~~y aQo o~*~ xr, D r m >°~ :.~ o 'T~ N Witnesses: That Port of Lots 5, 6, •7, and 8, THE EAST PART OF PHIL/P R. YONGE GRANT -SOUTH • ~ ~ PART, os Recorded in Plat Book 1, Poge 38, of the Public Records of SEM/NOLE County, Florida, lying in Section 7, Township 21 South, Range 31 Eost, Seminole County, Florida and being more particularly described as follows: Commence et the the most Southerly Corner of Lot 59, FOX GLEN AT CHELSEA PARC, ' TUSCAWILLA, as Recorded in Plaf Book 49, Pages 78 thru 82, of the Public Records of Seminole County, Florida; thence run N 6571'45" W, 105.09 feet along the Sou{>'l~rly~a line of Lots 59 and TRACT "A" of said FOX GLEN AT CHELSEA PARC. TUSCA A, Tor aL7-n Foinf of Beginning; thence leaving said FOX GLEN AT CHELSEA PARC, TUSCA A, r~'un x"^ M 8771'25" W, 430.66 feet; thence N 81 48'42" W, 624.93 feet; thence N 00 '2~E. n 570.00 feet to the Southerly line of Winter Springs Boulevard; thence S 89 58 " E, 3' 629.80 feet along said Southerly line of Winter Springs Boulevard to the point ~ ~ curvature of. a curve concave Southerly having a Radius of 2292.44 feet, then run r~rt Easterly 655.70 feet along the Arc of said curve, through a Central Angle of ~73~f$" ~ to the most Northerly corner of Lot 38, CHELSEA PARC AT TUSCAWILLA PHASE,. ricrord~ Exhibit "A" in Plat Book 46, Pages 64 and 65 of the Public Records of r C.71 '~N Parcel "7" Seminole County, Florida; .thence leaving the Southerly right of• way of tinter Sprin¢T Boulevard run along the Westerly line of said CHELSEA PARK AT TUSCAWILLA PHASE l1 through the following courses and distances: S 297'42" W, 14.49 feet: thence 5 17'37'28" E, 70.78 feet; thence S 367'55" W, 67.49 feet; thence ~u 7676'55" W, 72.69 feet; thence S 5159'49" W, 77.50 feet; thence S 2275'15" W, f 48.00 feet to t+~e most Northerly Corner of Lat 13, CHELSEA PARC AT TUSCAWILLA PHASE 1, recorded in Plat Book 45. Pages 82 and 83 of the Public Records of Seminole County, Florida; (hence leaving the Westerly line of said CHELSEA PARK AT TUSCAWILLA PHASE Il run 2275'15" W, 128.24 feet along the Westerly line of Lots 11, 12, and 13 of said CHELSEA PARC AT TUSCAWILLA PHASE h, thence S 01102'05" E, 20.29 feet along the Westerly line of said Lot 11 to the Northwest corner of Lot 60 of said FOX GLEN AT CHELSEA PARC, TUSCAWILLA; thence S O1 102'05" E, 94.59 feet along the Westerly line of Lot. 60 and Tract "A" of said FOX GLEN AT CHELSEA PARC, TUSCAWILLA to the point of curvature of a' curve concave Northeasterly having a Radius of 55.84 feet, and o Central Ang/e of 64179'40", thence run Southeasterly 62.53 feet along the Arc of said curve, to the F'•~int of Beginning. r ,~,y . Containing 701179.073 Square Feet =16.097 Acres more or less. ~ ~'V Exhibit "A" ' Parcel "8" not part of Lot 31 GAROENA FARMS recorded ~n mat r3ooR 5. Doges :3 and ?4 ~r the Puo~~c Records of Seminde County, iori~ and Also that par.! of Lots 5. 9, 9, 10 and tt, THE EAST PART of PHILIP R.YONGE GRANT, SOUTH PART, recorded in Ptat Book :, °ogs 38 of the Public Records of Seminole County, Florioo lying in S~ctwn 7, Township 21 South, Range 31 East, Seminole County, iorido and being more particularly described os Iollows: Begin at Ehe Northeast comer of ARROWHEAD AT iUSCAWILLA -UNIT 2, as aeordsd to Plat Book 48. Pages 52, 53 and 54 of the Public Records of Seminole County, Florida, said comer also being the Northeast ornsr of Trod "C` of said ARROWHEAD AT TUSCAWILLA -UNIT 2; thence S 00'03'17 W, 335.25 feet along the most Easterly line of aid ARROWHEAD AT TUSCAWILL~- -UNIT 2 to o Point of Intersection on the Easterly line of lot 17 of said ARR01kF!EAO AT TUSCAWILLA - UNI '-: thence 5 42'3!'59" W, 59.00 feet along the Southeasterly line of said Lot 17; thence leaving said Southeasterly line of Lot 17 run 71'54'32" E. 1E!i.52 feet: thence S 12'36'43' E, 138.02 .feet: thence S 50'04'02" W, 207.02 feet; thence S 39'57 ~fi" W, 264.58 est; thence S 60'54'07" W, 122.59 feet: thence 5 84'13'45" W, 412.16 feeE; thence S 73'36'11" W, 258.36 feet to the Northeasterly `tght of Woy lint of Augusta Notional Boulevard, os recorded in COUNTRY CLUB 41LLACE UNIT ONE, recorded in Plot Hook 22. Pages 4, and 6 of the F"~blk Records of Seminde County. Florida; thence S 54'09'23" E. 141.80 feet along said Northeasterly Right of Woy ns to o Point of Curvature of o curve concaved Southwesterly. having a radius of 67.62 feet,. and a Centro) Angle of 58'50'48". nsnee run $outheosterly 69.45 feet alor•g the arc of said curve to the Point of Tangency. thence S 04'4}'25" W, 58.94 feet along saic+ 'Ight ~f Woy line; thence IDOVing said Easterly Right of Woy line Of Augusta Notional Boulevard run S 54'05'37" E, 90.06 feet along he Easterly lk,e of said COUNTRY CLUB VILLAGE UNIT ONE: thence S 31'45'52" E. 392.79 feet along the Easterly I'me of sold COUNTRY ".LUB VILlJ1GE tJIWT ONE to the most Easterly comer o/ said COUNTRY CLUB VILLAGE UNIT ONE, sold most Easterly corner also being the post Northsrty corner of Lot .170, COUNTRY CLUB VILLAGE UNfT THREE, recorded in Plot Book Z5, Pages 33, 34, 35, 36 and 37 of the °ublic records of Seminole County. ftorido; thence leaving said COUNTRY CLUB ViLLACE UNIT ONE, run S 31'45'52" E, 709.49 feet along the 'orthsasterty Ikte of said COUNTRY CLUB VILLAGE UNIT THREE, said line also being the Westerly sine of the 110.00 foot wide Florida -ower and Light Company Easement recorded in Official Records Book 183, Page 130 of the Public Records of Seminole County, Florida; ~+etue leaving said COUNTRY CLUB VILLAGE UNIT THREE continue S 31'45'52" E, 416.14 feet along said Westerly line of 110.00 foot side Florida Power and Light Company Easement: thence leaving said Westerly Ilene run N 58'14'08 E. 110.00 feet to the Easterly tine f said 110.00 foot .wide Easement, said line also being the Northwesterly line of Lot 173, GREENBRIAR SU~IV1StON PHASE 2, ecorded in Plot Book 40, Pages 42, 43 and 44 of the Public Records of Seminole County, Florida; thence N 31'45'52" W, 100.00 feet -tong the Eastarty line of said 110.00 foot wide Florida Power .and Light Company Easement. said Easterly line also being the • =ardnweettrfy line of said lot 173, fo the approximate center line of Howell Creek: thence leaving sold Easement run along the pprOtdrnats center line of Howell Credo, said center Tine being the Northwesterly line of said GREENBRIAR SUBDIVISION PHASE 2. through hs foNowing Courses and Distances: N 55'48'42" E, 39.24 feet; N 13'5700" E, 100.44 (eet; S 65'42'48" E, S3.92 feet; N 16'08'27" E, _ - .1.62 test: N 2904'00" W, 34.04 feet• N 84'28'41" E. 93.38 feet; N 40'40'42" E. 61.28 feet; N 10'10'05" E. 55.13 feet: al'2fl'¢2' E. 61.22 feat; N 02'38'26" W, 56.84 feet: N 31'48'19" E. 91.69 reef; N 28'09'35" w, 65.08 feet; S 76'52'16" E, • '4.79 feet; N 40'01'25" E. 33.4 feet; N 40'43'04' W, 40.96 feet; N 07'08'54" E. 47.03 feet: S 50'10'05" E, 90.81. feat: 1 031ty'47" E. 47.03 feet; N 36'46'05' E, 64.25 feet to the most Northerly comer of lot 110 of said GREF.NBRIAR SUBDIVISION PHASE 2; hence hvitt9 said GREENBRIAR SUBDIVISION PHASE 2 continue along the approximate center line of Howell Creek thraugh the following :Duress and Distances: N 36'43'58" E. 89.62 feet; N 75'04'13" W, 64.48 feet; N 22'38'04" E, 49.01 feet: N 77'37':9" E. 64.48 feet; r hence leaving the approximate seater line of Howell Creek run N 06'12'45" W, 339.79 feet: thence N 72'44'55' W, :10.00 feet: hence S 35'1744' W, 320.00 feat; thence S 89'12'35' W, 300.00 feet; thence S 0323'42' E, 316.42 feet: thence 3 21'30'33" W. ~D.14 fNt; thence S 55'26'41" W, 70.00 feet; thence N 80'58'54" W, 70.00 feet; thence N 18'02'14" w, 385.08 feet; thence N 0306'08' W. :01.99 fast: N 13"10'37 E, 130.96 feet: thence N 41'35'59" E. 685.09 teat; thence N 39'48'11' W, 146.50 feet: thence N 22'15'27" E. OZ.11 test; thsnoe N 1310'27 W, 160.86 feet:. thence N 11'49'03" E, 220.38 feet; thence N 29'5702" W, 192.23 Yeet; thence N 28'2751" W, 11.15 feet to the South Right of Way of Winter Springs Boulevard; thence N 89'58'36" W, 149.00 feet along said South Right of Woy to the 'Dint of Beginning. ontainin¢ 1.315.294 Square Feet (more or leas) ~ 30.195 Acres (more or less) 3 .^ ~. a ~-~ ..~- [~ 1 I i j 1 ~ ~'~ ~ ~ ~ : , ( ~; ~. 'i ~ ~a it + W i 1 O ~ .~ Y a .,ti ~~ '•.:I aw. .~ l~~~~~~~~~t fif~~jt~~+¢ t ttt-za ~'~ i tt f `el ~~i~~ 1 ~ 3 s Za ['~`~i~i~~i$i lil ~ iii ~e~ ^~ 2 ~ ® i ~. ~ d 0~ 0~1 ~A D r d 1 b ~ 1 ~~i 1 ~ A f O 0 rn ~f~` ~ ~f~i 1 S: ~ ~ ulr ~ ~7~ ' ~ i ~~ .~ ~ ~J R(J ! ' ~ o N P a m cc ri 1 f ! r 6 1 t ~ti1 ! x i •~~~: 1 Vi ~ • 1 ` 3344: `Z :~ - -" ~ I _ '~~ ~._` . ~, .. alp ~ i~= : _ .._ ~ i ,~ l s ~ ` ` y ~ a a f 1 1~~ ~ _ t [p1f' (nar .-. ~ a ' i ~ "mss N ~ s l 1 A• ar :.w ~ ~ 1 ~ = ~ ~ d I , -. p i 1 + ~? 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