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HomeMy WebLinkAbout1996 06 10 Consent Item A <i .COMMISSION AGENDA ITEM A REGULAR CONSENT X INFORMATIONAL June 10. 1996 Meeting MGRJ.f~~ mEPT~ Authorization REQUEST: Land Management Division requesting Commission approval for recordation of the plat and supplemental covenants for Winding Hollow Unit 3. PURPOSE: The purpose of this Board Item is to record the plat and supplemental covenants for Winding Hollow Unit 3 (that property located southward of SR 434 and to the west of City Hall and to the east of Winding Hollow Boulevard). APPLICABLE CODE: Section 9-75. Final Plat, contents and recording procedures. (a) The final plat shall conform substantially to the approved preliminary plan, and shall be submitted to the city planner as follows: (1) The final plat shall include one (1) linen original. If more than one (1) sheet is required, a suitable index map showing the entire development with index for the various sheets shall be shown on the first sheet. (2) The final plat shall show streets, lots, blocks and easements indicating the centerline, width and sidelines of all easements. (3) Surveys and surveying data on the final plat shall be in accordance with acceptable professional practices and principles for land surveying and preparation of plats. Special consideration shall be given to the relationship of the proposed plat to existing abutting plats to prevent unintended overlap or omission of lands. (4) Mortgage holders shall execute before two (2) witnesses and a notary public the following certification on plats: "The mortgagee(s) consents and agrees to the platting lands embraced in this plat and to the dedication(s) shown herein; and further, should it become necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to the public will be excluded from the suit and the dedication shall remain in full force and effect." June 10, 1996 Agenda Item A Page 2 (5) A dedication to the public by the owners of all roads, streets, alleys, easements and other rights-of-way, however designated, shown on the plan for perpetual use for all public purposes. (b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted with the final plat. (c) A letter from an acceptable abstractor shall certify the following: (1) That the parties executing the plats are owners of the land included therein. (2) All recorded mortgages, liens and other encumbrances. (3) That taxes and assessments have been paid to date. (4) That the description shown on the plat is correct. (d) An appropriate bond submitted in accordance with the bonding procedures set forth in section 9-76 shall be required for all developments within which improvements are to be dedicated to the public. Section 9-76. Bonding procedures. (a) Surety-performance bond When requesting to record a plat for property with streets to be dedicated to the public in which all improvements have not been installed or have been only partially installed, the developer shall provide a corporate or surety completion bond including a payment of vendors' clause executed by a company authorized to do business in the state and acceptable to the city, payable to the city in the penal sum of the amount of the engineer's estimate or alternative bid estimates for the incompleted portions of the work to be done to provide streets, drainage facilities, street signs, water and sewer facilities, sidewalks and other improvements as shown on the final development plan. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. June 10, 1996 Agenda Item A Page 3 Section 9-77. Approval of final plat. The city commission may approve the final plat, considering any applicable 'agency reports, if the plan is in substantial conformity with the approved preliminary plans and it complies with regulations established by this chapter, Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data by the city unless delay is requested or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. Section 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring that the original linen is signed and sealed, and the plat and deed restrictions, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. FINDINGS: I) Winding Hollow Unit I was platted August 22, 1994 and Winding Hollow Unit 2 was platted April 10, 1995. 2) The plat has been reviewed by the Public Works/Utility Director, Land Management Specialist, Building Official and City Engineer and found to be acceptable. 3) The City Engineer has determined that the remaining construction cost for Winding Hollow Unit 3 to be $39,375.95. In this regards the developer will furnish a Performance Bond in the amount of$40,000,OO. 4) The plat, supplemental covenants, sample performance bond and title opinion letter have been transmitted to the City Attorney for his legal review. i' '-'. June 10, 1996 Agenda Item A Page 4 CONCLUSION: The plat approval application has been found to be consistent with all applicable law and requirements. RECOMMENDA TION: The recommendation is that the Commission approve the recordation of the plat and supplemental covenants for Winding Hollow Unit 3. A TT ACHMENTS: May 21, 1996 - Land Management Specialist Memo to City Attorney May 17, 1996 - Land Management Specialist Memo to City Attorney May 15, 1996 - City Engineer Memo April 19, 1996 - City Engineer Memo April 16, 1996 - Building Official Memo April 1, 1996 - Utility Director Memo Winding Hollow Unit 3 Plat Winding Hollow Unit 3 Supplemental Covenants Title Opinion Letter Proposed Performance Bond .. " June 10, 1996 Agenda Item A Page 5 COMMISSION ACTION: NOTE: Please return plat to Land Management Specialist. These plats can be used for addressing requirements. .. .: ., .., ,... .J..~'" ..., .,. p May 21, 1996 To: Frank Kruppenbacher, City Attorney Don LeBlanc, Land Managementr!ffii? From: Re: Ordinance No. 619 Updated Title Opinion for Winding Hollow Unit 3 Enclosed for your legal review is Ordinance No. 619 and accompanying information. This ordinance will amend Section 232(a) (31) Neighborhood Commercial District and Section 252(24) General Commercial and Industrial District. Also enclosed is the updated title opinion for Winding Hollow Unit 3. You will note that the 1995 ad valorem taxes have been paid. This was a concern of mine in the previous package sent to you. It now appears to be satisfactory. May 17,1996 To: Frank Kruppenbacher, City Attorney Don LeBlanc, Land Management Specialist @ From: Re: Winding Hollow Unit 3 Review o.fDocuments prior to Platting Enclosed for your review are the following documents with applicable comments. Please conduct a legal review of these prior to platting. 1) Proposed Plat - This has been reviewed by applicable Staff members and found to be satisfacto ry. 2) Title Opinion - This appears to be proper with the exception of the 1995 Ad Valorem ta.xes on the property which have not been paid as of February 19, 1996. The developer stated that these have been paid and will furnish proof Upon receipt of this information, it will be fonvarded to your office. 3) Supplemental Covenants - These appear to be proper. 4) Proposed Performance Bond - This appears to be proper once all blanks are completed. The final copy, with completed information, will be forwarded to your office upon receipt. This bond will be in the amount of$39,375.95 as per the City Engineer. The surety company is to be United Pacific Insurance Company_ In this regards I contacted Ursula with the Insurance Consumer Hot Line on May 14, 1996. The Company has been licensed in the State of Florida since 1964, meet all statutory requirements, and have no adverse comments on file. This will be an agenda item for the Commission Meeting of June 10, 1996. " 1 ~T~-9 (j /---.,,s-~ ,.L_--. '\, A/~.,--;' --:', ,'1- t;:i' . (:-". \0 Ui L,---~ I (JJ . \ .\. . . \IN"~ I.... 1/ ., 1~5q ......:; . 't::-'------/ l..ORIOl>- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 May 15, 1996 TO: .Land Management Specialist, Donald LeBlanc FROM: City Engineer, Mark L. Jenkins, ~4/ P..... r SUBJECT: Winding Hollow Uni t 3 - Construction Cost For Performance Bond. I am in receipt of the engineer's estimate of construction costs to complete this phase, dated April 30, 1996 (copy attached). This letter was received on May 2, 1996. His estimate is $39,375.95 and I accept this amount to be in general agreement with the amount of construction remaining. I recommend the Performance Bond be based on the above amount. If you have any questions, please let me know. Thank you attachment: engineers letter of April 30, 1996 cc: City Manager (no attachment) utility Director (no attachment) Building Official (no attachment) CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 April 19, 1996 TO: Land Management Specialist, Donald LeBlanc FROM: city Engineer, P.E~. ~.~~ Mark L. Jenkins, /' SUBJECT: Winding Hollow Unit 3 Plat Review. The proposed plat, for the subject area, was received March 27, 1996. A review of this plat finds it to be acceptable and in general conformance to the approved engineering plans. If you have any questions, please let me know. Thank you cc: City Manager utility Director Building Official ., lVIEMORANDUM FROM: Don LeBlanc, Land Management Specialist Don W. Houc~, Building Official ~ TO: RE: Proposed Plat - Winding Hollow Unit 3 DATE: April 16, 1996 Upon review of the proposed plat the only thing I found lacking was the side set back requirements for comer lots. Section 20-166 (4) should be quoted for comer lot setbacks. DWH/alll 8.YiJv%~ 5j~/7;b DWHllandmanal0035 WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 April 1, 1996 TO: Don LeBlanc, Land Management Specialist K.i~ton Lockcuff, P.E., Utility Director If V FROM: RE: Proposed Plat - Winding Hollow Unit 3 We have reviewed the proposed plat for Winding Hollow Unit 3 and have only one comment. Please add a utility easement covering the same are~ as the 110' FPL easement in Tract "B". There is an existing reclaimed water line that goes to Central Winds Park in this area. The same request should have been made for Units 1 and 2 but it was missed. We will also need a utility easement in those units before this project is complete. , -Q",.,.........-f ~ , "'\ ~.I . J -to (~...;: s'\. I A(t'-'J'~"" . < I,' .\ .~ .. ~ .I' .~ ,,, I" /, ~.\,1', I Y 1 ~-'. (~ -:.c,... ('~ File "'I ~ '\ ( ~ t L\ r:+ ] Jl! lID / r~ . ~t THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: SCOTT E. WILT, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 ------------------------------------------------------- WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (UNIT 3) THIS SUPPLEMENTAL DECLARATION, made as of May 22, 1996, by WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, whose address is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the "Declarant." RECITALS A. Declarant owns real property situate, lying and being in Seminole County, Florida, more particularly described as follows: Winding Hollow Unit 3, as per plat thereof recorded in Plat Book ,Page ,Public Records of Seminole County, Flori~ hereinafter referred to as the "Subject Property". B. Declarant has heretofore placed of Public Record that certain Declaration of Covenants, Conditions and Restrictions dated June 3D, 1994, and recorded September 16, 1994, in Official Records Book 2824, Page 1925 et seo., hereinafter referred to as the "Original Declaration", and the Supplemental Declaration of Covenants, Conditions and Restrictions for Unit 2, dated October 19, 1994, and recorded April 12, 1995, in Official Records Book 2903, Page 1145 et seo., hereinafter referred to as the "Unit 2 Supplemental Declaration", all of the Public Records of Seminole County, Florida, C. The Subject Property lies within the Property, as described and defined in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. . E. It is contemplated that the Subj ect Property will be developed into residential uses with lots, streets, street lights, open spaces, and other common areas and improvements for the / # benefit of the Owners of the Subject Property, as such are reflected on the plat of the Subject Property. F. Declarant desires to provide for the preservation and enhancement of the property values and amenities and opportunities in the Subject Property contributing to the personal and general health, safety and welfare of the Owners and for the maintenance of Common Areas within the Subject Property and, to this end, desires to annex the Subj ect Property to the scheme of the Original Declaration and to the Properties, as described and defined in the Original Declaration, ~nd to subject the Subject Property to the covenants, conditions, restrictions, easements, charges and liens therein and hereinafter set forth, each and all of which shall be binding upon and run with the title to the Subject Property, and is and are for the benefit of all of the Subject Property and each Owner thereof. G. Declarant has created a non-profit corporation, Winding Hollow Homeowners' Association, Inc., which shall administer and enforce the covenants and restrictions, and the collection and disbursement of assessments and charges described herein or in the Original Declaration. NOW, THEREFORE, the Declarant for itself and its successors and assigns, declares that the Subject Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") contained in the Original Declaration and those hereinafter set forth. ARTICLE I - DEFINITIONS The capitalized terms used in this Supplemental Declaration (unless the context shall otherwise indicate) shall have the meanings set forth in the Original Declaration. ARTICLE II - PROPERTY SUBJECT TO THIS SUPPLEMENTAL DECLARATION The Subject Property is and shall be held, transferred, and occupied subject to this Supplemental Declaration and the Original Declaration. The terms and provisions of the Original Declaration are hereby declared to encumber and benefit the Subject Property and each and every Owner thereof and said terms and provisions are incorporated herein by this reference as if set forth herein verbatim. Tracts A and B of the Subject Property are intended to constitute Common Area, as defined in the Original Declaration. This Supplemental Declaration is made pursuant to the terms of the Original Declaration for the purposes of annexing the Subj ect Property to the scheme of the Original Declaration and to the jurisdiction of the Association. ARTICLE III - AMENDMENT BY DECLARANT The Declarant reserves and shall have the sole right to (a) amend this Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency among the provisions contained herein or between the provisions hereof and those of the Original r"'" I Declaration, (b) include in any contract or deed or other instru- ment hereafter made any additional covenants and restrictions applicable to the Subject Property which do not lower the standards of the Original Declaration or this Supplemental Declaration, (c) release any Lot from any part of the covenants and restrictions contained herein which have been violated if the Declarant, in its sole judgment, determines such violation to be a minor or insubstantial violation; (d) amend this Supplemental Declaration without vote or consent of the Owners in any manner which does not adversely affect the substantive rights of an existing Owner or first mortgagee; and le) to amend this Supplemental Declaration during the first two (2) years after same has been recorded to comply with the request of any mortgagee referred to in the Original Declaration. The foregoing amendments may be made without the joinder or approval of any Owner, Mortgagee or the Association. ARTICLE IV - AMENDMENT Any provision, covenant, or restriction set forth herein may be amended in accordance with the Original Declaration. This Supplemental Declaration may not be amended in any manner as to result in conflict with the terms of the Original Declaration or of the Association Articles or Bylaws. ARTICLE V - DURATION AND TERMINATION The covenants and restrictions of this Supplemental Declara- tion shall run with and bind the Subject Property, and shall inure to the benefit of and be enforceable by the Declarant, the Association or any Owner, their respective legal representatives, heirs, successors and assigns, for so long as the Original Declaration remains effective. Anything in this Supplemental Declaration to the contrary notwithstanding, until the mortgage or transfer of title by Declarant to the first Lot in the Subject Property, Declarant unilaterally may terminate this Supplemental Declaration and remove the Subject Property from the scheme of the Original Declaration. ARTICLE VI - ENFORCEABILITY Section 1. Remedies. If any person or entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, any Owner or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenant or restriction, or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenant or restriction, for the purpose of preventing, or enjoining all or any such violations or attempted violations. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law or this Supplemental Declaration or the Original Declaration. The failure of the Declarant, its successors or assigns, or the Association or an Owner, to enforce any covenant or restriction or any obligation, right, power, privilege, authority -3- 'I or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. Section 2. Severability. The invalidation of any provision or provisions of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain in full force and effect., IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to be executed in its name and its seal to be affixed hereto the, day and year first above written. Signed, sealed and delivered in the presence of: WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership 1Yl~ t ~ Signature ~Fita'k ~<?- Slgnature Print Name: Ina".)( W Ill/c.Kc~ By: Pizzuti Equities, Inc., a Delaware corporation, as managing general partner BY'~~ Name, RicH . Da -~Y Title: Vice President ACKNOWLEDGMENT BY DECLARANT Fl.,ido.. STATE OF OlII&- COUNTY OF -FRMmLIN (),.~c. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Richard C. Daley, Vice President of Pizzuti Equities, Inc., the managing general partner of WINDING HOLLOW DEVELOPMENT COMPANY, and that he acknowledged executing the foregoing Supplemental Declaration on behalf of the partnership in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said partnership. WITNESS my hand and official seal in the County and State last aforesaid this .2:;Znc/ day of ft,1ay , 1996. NIKI HErESY Notary Public. State of Florid~ My Comm. Exp. Sept. 12. 199i' Comm. No. CC 314979 fU~ Notary Public Print Name: My Commission Expires: f:\real\846\pizzuti\windholo\unit3\suppdec.doc -4- ~i ".. JOINDER BY MORTGAGEE BARNETT BANK OF CENTRAL FLORIDA, N. A., a national banking association, the owner and holder of that Mortgage dated February 25, 1994, recorded March 4, 1994, in Official Records Book 2737, Page 1567, Public Records of Seminole County, consents to the placing of the foregoing covenants, conditions and restrictions on the Subject Property and further covenants and agrees that the lien of its Mortgage is and shall stand subordinate to the said Supplemental Declaration and the Original Declaration therein referred to (except to the extent otherwise provided in the Original Declaration) as if said covenants, conditions and restrictions had been executed and recorded prior to the recording of its Mortgage. IN WITNESS WHEREOF, BARNETT BANK OF CENTRAL FLORIDA, N .A., has caused these presents to be executed by its undersigned officer on May d3 -"cl, 1996. Signed, sealed and delivered in the presence of: ) BARNETT BANK OF CENTRAL FLORIDA, N.A. .:.hez... .? J /!~ (~ I ~;J~ r~cJle.1 .~., C~, r'.';{> ~ VC9 . Fp 5 ;J: I~i- . ACKNOWLEDGMENT BY MORTGAGEE STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally aEpeared '6t..=>rl/,p".J f!...,q.~ well known to me to be the \/\c-€. ~.d~...J-. I of BARNETT BANK OF CENTRAL FLORIDA, N .A., and that he acknowledged executing the foregoing Joinder of Mortgagee on behalf of the corporation in the presence of two subscribing witnesses freely and voluntarily under authority vested in him by said corporation. WITNESS my hand aforesaid this ~~ ,,'l-:A~r~', DONNA M. LARGE . ..~.~....", ~*: :;~ MY COMMISSION /I CC 422993 ~~ ~RES: Ncrtember27.1998 ~ . NiMay)PubIc lkIdel'MIIm and official seal in the County and State last day of Jnfhl .~ , 1996. I /1 ~ /lK)fL~ ~ ~ 4Z. Notary Pub ic . Print Name: ~'L+/l\. c..~~e My Commission Expires: '~);9? f:\real\846\pizzuti\windholo\unit3\suppdec,doc -5- 1'\ ~ . .. , MAGUIRE, VOORHIS & WELLS, P.A. sf~ d ~W- TWO SOUTH ORANGE PLAZA 2 SOUTH ORANGE AVENUE WRITER'S DIRECT DIAL ORLANDO, FLORIDA 32801 TELEPHONE (407) 244-1100 FACSIMILE (407) 423-8796 (407) 244-1113 Facsimile: (407) 648-9087 MAILING ADDRESS: P. O. BOX 633 ORLANDO, FLORIDA 32802 May 23, 1996 Mayor and City Commission City of Winter Springs Winter Springs, FL RE: Plat of Winding Hollow Unit 3 Dear Mayor and Commissioners: Maguire, Voorhis & Wells, P. A. represents Winding Hollow Development Company, a Florida general partnership, in connection with the platting of the land described in Exhibit A, attached ("Subject Property"), as Winding Hollow Unit 3, as depicted in the plat drawing of Winding Hollow Unit 3 prepared by Donald A. McIntosh Associates, Inc., certified on May 9, 1996, by Keith Ruddick, Florida Registered Surveyor No. 2617 (the "Plat"). It is the opinion of this law firm, based on the Certificate of Title Information for the Filing of a Subdivision Plat issued by Fidelity Title & Guaranty Company, Fidelity File No. 96.00643 ("Title Certificate"), that as of May 10, 1996 at 5:00 p.m., the current record title to the Subject Property is in the name of Winding Hollow Development Company, a Florida general partnership, which is the party executing the Plat, subject to those matters listed in the Title Certificate, copy attached. I have reviewed the Plat, the Title Certificate and the legal description for the Subject Property as stated in Exhibit A. The legal description of the Subject Property matches the boundary of the Subject Property as drawn and shown on the Plat drawing. The legal description of the Subject Property matches the legal description shown on the Plat. The legal description of the Subject Property matches the legal description in the Title Certificate. ORLANDO M EL80U RN E TAVARES TALLAHASSEE ee' I/! City of Winter Springs May 23, 1996 Page 2 This letter does not purport to be a complete resume of all matters affecting title and is limited to an opinion as to the record title holder of and encumbrances upon the Subject Property. Very truly yours, MAGUIRE, VOORHIS & WELLS, P.A. BYS~~ SCOTT E. WIL , ESQ. SEw/jst (r:\real\846\pizzuti\windholo\platopi3.1tr) r. EXHIBIT "A" LEGAL DESCRIPTION That portion of Block "D," D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as re,corded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the Southwest corner of Lot 129, WINDING HOLLOW UNIT 2, as recorded in Plat Book 48, Pages 85 through 88 of the Public Records of Seminole County, Florida; thence run the following 5 courses along the South and Ea:)t boundaries of said WINDING' HOLLOW UNIT 2; N 89.03'07" E for a distance of 908.18 feet: N 00.56'53" W for a distance of 170.00 feet; S 89.03'07" W for a distance of 35.00 feet: thence run N 00"56'53" 'N for a distance of 845.00 feet to the South right-of-way line of Twelve Oaks Drive (50.00 foot R/W): thence run N 89"03'07" E along said right-of-way fine and the Easterly prolongation thereof for a distance of 270.00 feet to the point of curvature of a curve concave Southwesterly having a radius of 50.00 feet: thence run Southeasterly along the arc of said curve through a central angle of 72.01'59" for a distance of 62.86 feet to the point of tangency; thence run S 18"54'54" E for a distance of 153.36 feet to the point of curvature of a curve concave Northeasterly having a radius of 100.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 42.44'35" for a distance of 74.60 feet to the point of tangency; thence run S 61"39'29" E for a distance of 17.90 feet: thence run S 28"20'.31" W for a distance of 44.31 feet; thence run S 00"56'53" E for a distance of 86.78 feet; thence run S 61"39'29" E for a distance of 194.92 feet; thence run S 00"56'53" E for a distance of 743.63 feet: thence run S 89"03'07" W for a distance of 455.00 feet; thence run S 00.56'53" E for a distance of 95.00 feet: thence run S 89"03'07" W for a distance of 120.00 feet: thence run S 00"56'53" E for a distance of 486.11 feet; thence run N 67'20'07" W for a distance of 29.18 feet; thence run N 73.31'16" W for a distance of 87.10 feet; thence run N 83U5'15" W for a distance of 87.25 feet: thence run N 88"45'13" W for a distance of 87.45 feet; thence run S 81"04'02" W for a distance of 158.31 feet; thence run N 00.56'53" W for a distance of 455.05 feet; thence run S 89"03'07" W for a distance of 306.18 feet to a point on a non-tangent curve concave Southwesterly having a radius of 660.00 feet and a chord bearing of N 28.44'25" W; thence run Northwesterly along the arc of said curve through a central angle of 07'.38'05" for a distance of 87.95 feet to the point of reverse curvature of a curve concaV::l Northeasterly having a radius of 25.00 feet and a chord bearing of N 25".33'09" W; thence run Northwesterly along the arc of said curve througli a central angle of 14 00'36" for a distance of 6.11 feet to a point of non-tangency; thence run S 56.55'03" W along a radial line for a distance of 60.77 feet to the point on a non-tangent curve concave Northeasterly having a radius of 675.00 feet and a chord bearing of N 22"38'28" W; thence run Northwesterly along the arc of said curve through a central angle of 20"52'57" for a distance of 246.02 feet to a point of non- tangency, said point being on the West Right-of-Way line of Winding Hollow Boulevard (60.00 foot R/W); thence run N 77'48'01" E along the South boundary line of said WINDING HOLLOW UNIT 2 for a distance of 60.00 feet to the POINT OF BEGINNING. , FIDELITY TITLE & GUARANTY CO. ~ oe. ESTABLISHED 1883 A wholly owned subsidiary of First American Title Insurance Company CERTIFICATE OF TITLE INFORMATION FOR THE FILING OF A SUBDIVISION PLAT IN CITY OF WINTER SPRINGS, SEMINOLE COUNTY FILE NO. 96.00643 A search of the Public Records of Seminole County, Florida, through May 10, 1996 at 5:00 p.m. reveals the following with respect to the legal description of the .property set out on the subdivision plat of WINDING HOLLOW UNIT 3 (not yet recorded), said legal description attached hereto as Exhibit A and made a part hereof: A. The last deed of record was dated June 28, 1993 and filed July 8, 1993 in Official Records Book 2612, Page 801, Public Records of Seminole County, Florida. B. The record title holder is Winding Hollow Development Company, a Florida general - partnership formerly known as Pizzuti Land Company (See Partnership Affidavit filed July 5, 1994 in Official Records Book 2794, Page 233) C. The name(s) of the record title holder coincides with the name(s) shown as owner(s) on the unrecorded plat of WINDING HOLLOW UNIT 3. D. Unsatisfied mortgages or liens encumbering said property are as follows: 1. That certain Mortgage executed by Winding Hollow Development Company, a Florida general partnership in favor of Barnett Bank of Central Florida dated February 25, 1994 and filed March 4, 1994 in Official Records Book 2737, Page 1567 in the original principal amount of $3,600,000.00 and Financing Statement filed March 4, 1994 in Official Records Book 2737, Page 1595. ..1 2233 LEE ROAD SUITE 101 WINTER PARK. Fl32789-1883 PHONE: (407) 740-7131 FAX: (407) 740-6275 <' Page 2 E. Conflicting rights of way, easements or plats affecting said property are as follows: 1. Right of Way Agreement between The Center Corporation and Florida Power Corporation dated November 27, 1957 and filed December 19, 1957 in Official Records Book 148, Page 79; Supplement to Right of Way Agreement dated July 21, 1958 and filed July 26, 1958 in Official Records Book 183, Page 132; Memorandum Agreement filed November 14, 1991 in Official Records Book 2357, Page 710, Public Records of Seminole County, Florida. (as to proposed Tract "B") 2. 'Conservation Easement to S1. John's River Water Managernent District filed January 18, 1994 in Official Records Book 2714, Page 657, Public Records of Seminole County, Florida. (as to propo.sed Tract liB ") 3. Conservation Easement to Florida Department of Environmental Regulation filed January 18, 1994 in Official Records Book 2714, Page 670, Public Records of Seminole County, Florida. (as to proposed Tract "B") F. Other information regarding said property includes: 1. That certain unrecorded Settlement Agreement between Florida Land Company and The City of Winter Springs, Florida filed December 9, 1985 as referenced in Warranty Deed dated October 7, 1987 and filed October 8, 1987 in Official Records Book 1894, Page 1630, Public Records of Seminole County, Florida. 2. Developer Agreement executed by 434 Partnership, a Florida general partnership, in favor of The City of Winter Springs, Florida, a municipal corporation dated June 22, 1988 and filed August 26, 1988 in Official Records Book 1990, Page 1333; Assignment of Agreement in favor of Gulfstream Housing Corp. filed May 29, 1991 in Official Records Book 2299, Page 203, Public Records of Seminole County, Florida. 3. Unrecorded Developer's Agreement dated October 5, 1984 as referenced in Assignment of Agreement in favor of Gulfstream Housing Corp. filed May 29, 1991 in Official Records Book 2299, Page 197, Public Records of Seminole County, Florida. 4. Assignment of Developer's Right in favor of AB Homes Joint Venture filed December 12, 1991 in Official Records Book 2367, Page 1736, Public Records of Seminole County, Florida. 5. Assignment of Plat Rights in favor of AB Homes Joint Venture filed December 12, 1991 in Official Records Book 2367, Page 1762, Public Records of Seminole County, Florida. II '. . Page 3 G. Ad valorem taxes on said property are paid through 1995. 1995 Real Property Taxes in the amount of $22,313.39 are paid as to Tax Parcel 26-20- 30-5AR-ODOO-0280. 1995 Real Property Taxes in the amount of $8,416.07 are paid as to Tax Parcel 26-20- 30-5AR -ODOO-0780. CERTIFICATE OF TITLE INFORMATION FOR THE FILING OF A SUBDIVISION PLAT IN CITY OF WINTER SPRINGS, SEMINOLE COUNTY '" This certificate is made for the purpose of furnishing the information required for the filing of the above referenced subdivision plat in accordance with the provisions of Chapter 177.041 of the Florida Statutes and the requirements of the City of Winter Springs and Seminole County Land Development Code. It has been prepared expressly for the appropriate governing body as defined by Chapter 177.071 (FS) and it is not to be relied upon by any other group or person for any other purpose. FIDELITY TY AND GUARANTY CO. ij,4al l '.' By: Larry P. Deal, Vice President 9600643. plt\CS/jmb I . .'" l' .~ EXHmIT "A" LEGAL DESCRIPTION That portion of Block "D," D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as re.corded in Plat Book 1, Page. 5 of the Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the Southwest corner of Lot 129, WINDING HOLLOW UNIT 2, as recorded in Plat Book 48, Pages 85 through 88 of the Public Records of Seminole County, Florida; thence run the following 5 courses along the South and East boundaries of said WINDING. HOLLOW UNIT 2; N 89.03'07" E for a distance of 908.18 feet; N 00'56'53" W for a distance of 170.00 feet; S 89'03'07" W for a distance of 35.00 feet; .thence run N 00'56'53" 'N for a distance of 845.00 feet to the South right-of-way line of Twelve Oaks Drive (50.00 foot R/W); thence run N 89'03'07" E along . said right-of-way line and the Easterly prolongation thereof for a distance of 270.00 feet to the point of curvature of a curve concove Southwesterly having a radius of 50.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 72'01'59" for a distance of 62.86. feet to the point of tangency; thence run S 18'54'54" E for a distance. of 153.36 feet to the point of curvature of a curve concave Northeasterly having a radius of 100.00 feet; thence run Southeasterly along the .arc of said curve through a central angle of 42.44'35" for a distance of 74.60 feet to the point of tangenc~ thence run S 61.39'29" E for a distance of 17.90 feet; thence run S 28'2031" W for a distance of 44.31 feet; thence run S 00'56'53" E for a distance of 86.78 feet; thence run S 61.39'29" E for a distance of 194.92 feet; thence run S 00'56'53" E for a distance of 743.63 feet; thence run S 89'03'07" W for a distance of 455.00 feet; thence run S 00'56'53" E for a distance of 95.00 feet; thence run S 89'03'07" W for a distance of 120.00 feet; thence run S 00'56'5.3" E for a distance of 486.11 feet; thence run N 67"20'07" W for a distance of 29.18 feet; thence run N 73"31'16" W for a distance of 87.10 feet; thence run N 831)5'15" W for a distance of 87.25 feet; thence run N 88.45'13" W for a distance of 87.45 feet; thence run S 81'04'02" W for a distance of 158.31 feet; thence run N 00'56'53" W for a distance of 455.05 feet; thence run S 89'03'07" W for a distance of 306.18 feet to a point on a non-tangent curve concave Southwesterly having a radius of 660.00 feet and a chord bearing of N 28'44'25" W; thence run Northwesterly along the arc of said curve through a central angle of 07"38'05" for a distance of 87.95 feet to the point of reverse curvature of a curve concav:J Northeasterly having a radius of 25.00 feet and a chord bearing of N 25.33'09" W; thence run Northwesterly along the arc of said curve throug/l a central angle of 14 00'36" for a distance of 6.11 feet to a point of non-tangency; thence run S 56'55'03" W along a radial line for a distance of 60.77 feet to the point on a non-tangent curve concave Northeasterly having a radius of 675.00 feet and a. chord bearing of N 22.38'28" W; thence run Northwesterly along the arc of said curve through a central angle of 20'52'57" for a distance of 246.02 feet to a point of non- tangency, said point being on the West Right-of-Way line of Winding Hollow Boulevard (60.00 foot R/W); thence run N 77'48'01" E along the South boundary line of said WINDING HOLLOW UNIT 2 for a distance of 60.00 feet to the POINT OF BEGINNING. :;. ""9 Bond No. U2152201 PERFORMANCE BOND Know all men by these presents, that we Winding Hollow Development Co. as principal, and United Pacific Insurance Company as surety, are held and firmly bound unto the City of Winter Springs, a municipal corporation in the State of Florida, hereinafter referred to as "City" in the penal sum of Forty Thousand & Noll 00--------------- dollars for the payment ofwruch we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that: WHEREAS, the above-referenced principal has applied to the City for approval of a planned subdivision of certain lands located in the City of Winter Springs, Florida, which the subdivision is to be known as Winding Hollow Unit 3 and is dated , which improvements may include, but are not limited to paving, curbing, grading, filling, storm sewers, sanitary sewers, bridges, surveying, engineering, and land clearing and other similar improvements, and WHEREAS, the approval of said subdivision plan by the City is further conditioned upon the furnishing of an adequate completion bond to be furnished to the City. NOW THEREFORE, if the principal shall in all respects comply with the terms and conditions of the approval of said subdivision plan, these conditions being more specifically the completion of the improvements shown on the subdivision plan and specifications in accordance with the ordinances and regulations of the City of Winter Springs, Florida, in regard to subdivision improvements and according to the plans, specifications and schedules covering said work on or before September 1. 1996 , then this obligation shall be voided, otherwise remaining in full force and effect. And the said surety, for value received, hereby stipulates and agrees no change involving an extension of time, alteration or additions to the terms of the contract or to the work to be perfonned or materials to be furnished thereunder or in the plans, specifications and schedules covering same shall in any way affect said obligation of said surety on this bond and said bond and said surety does hereby waive notice of any such changes, extensions of time, alterations or additions to the work or the plan, specifications and schedules. This bond shall be for the use and benefit of the City of Winter Springs, Florida. !fit should elect to proceed with said work upon the failure or refusal of the principal to complete said work by the date hereinabove specified or any subsequent date provided through an agreement between the principal and the City for an extension of time, it is expressly understood and agreed that the liability of the surety for any or all claims hereunder shall in no event exceed the penal amount of this obligation herein stated. It is expressly understood that the City may declare the ;. .~ bond forfeited if the conditions herein have not been fully complied with in every respect and that the City may install the improvements and pay for them out of the forfeited bond fund. IN WITNESS WHEREOF, the principal and surety have caused these presents to be duly executed the 17th day of May 1996. Winding Hollow Development Co. Principal United Pacific Insurance Company Surety By:. r/~v;,p..,/l /-/~~-;:::- 0 ~,';/:,.~.., -.:z;:c . ~hT4/"" Countersigned by: ~ Oh /. -j(g.v<... Lice~sed Resident Florida Agent ,- ,., , RELIANCE SURETY COMPANY UNITED PACIF1C INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COI\'Q>ANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF A TIORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and thet the Companies by virtue of signature and seals do hereby make, constitute and appoint Edwin L. Overmyer, Joseph M. Berwanger. Diane I. Dsmmeyer, Mac B. Leavitt, Laura Hall, Richard H. Moore, Gregory R. Overmyer., of Columbus. Ohio their true and lawful Attorney(s)-in-Fact. to make, execute, seel and deliver for and on their behalf, and as their act and daad any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as jf such bonds and undertakings and other writings obligatory in the nature theraof were signed by an Executive Officer of the Companies and sealed and attasted by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and eHect, reading as follows: ARTICLE VII - EXECUTION OF BONOS AND UNDERTAKINGS ,. The Bo.rd of Director., the Pr~ide:m. the Chairman of the Board, .,v Senior Vice President. eny Vice Preaide.nt or Aaistant Vice Preaident Of other officer designated by tho BC*'d of Oirectorw ahaIl have powe, ..-.d .uthority to (~) appoint Ano'neyl.H~F.ct .nd to aIthotue them 10 e.ecute on beNlt of the Company, bonctac and l.M'denak.ings, recognizances. cantr.cts of indemrVty end other writrnoa oblig.tory in the n.'&Me thereof. WId (b) to remove any such AnonwytaHrt-F.ct at any time end re'4loke the power and authority given to ~. 2. Anorney(al-i~F.ct .hall have power end authority, aub;eet to the terms end limitationa 0' the Powe, of Anon..y i:8aued to them. to execute deliver on behalf of the Comp.ny, bondll and I..ndenaki~, recognizances, contracta of indemMY and othe, w,iting_ obItgetorv in the MU.. thereof. The corporat. _a1 ra not rwceaary fOf the valtdity at any bond_ and undenakingl, recognlz8nce8, contr.cts of indemnity and othe, writings obiig.tory in tno MtU'e ~. 3. Anotney(aHn-Fact ah.ll have power and anhority to execute affidaVits required to be Anached to DOnd., recognIZances, contraet_ of irw:temnity or otner conditiorYl or obligatory londenekinoa and they .hall also heve power and lutl'\ofity to cenify the fin.nCl" Itatement at the Company end to COQMra of the By-Law. of tno Company Of eny artic'e Ot ..ction tneteof. Tm Power at Anorney ia aigned Ind ....d by facsimile under and by authority ot the following ,..olution edoPted by the Executive end Finance Commrttea at the Boards or Directors of Reli..:e I,......nce Company, United P.cific Ins...ance ComPlny and Reli.nce Nltionaj InOemnlty Company by Unanimous Co,..nt dlted as at February 28. 1984 and by the Executive and Finencial Comminee ot the Board ot Dlfector. of Reliance Surety Company by UnanimoU3 Corwent deted IS ot M.rch 31,1984. -Re.dvod that the aignetures of auch directors end officers and the _-' ot the Company m.y be aHixed to any IUch Power at Anotney or eny certific.tes ,elating thereto by facaimile.and any auch Power of Anorney or cenitic.te be.ring .uch tacaimile aignat...... or tacsimile Ie" &hall be v"id and binding upon the Comp.ny and any such Power eo exeeU'ted and certified by t.CI;miNi.igna....n and t.eaimiNi ...1 .nall be v-'id and binding upon tno Comp."y. in the tut.... with r..pect to ....y bond or unden.k.ing to which it.. anec:n.d. . IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 11. 1996. r ,..~.. ~~;~~ .. ,..;,u _. ""'\~ 1...1 on- '.' \"V' i:, '~......-. .;: \.. 0 \,9 ... ,--;~ rl:--~'.~ \ ~ (. ~ !lJ \~ ST ATE OF Pennsylvania COUNTY OF Philadelphia ~ 5S. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ~#~ t' On this, March 11, 1996, before me, Tammy Sue Kayati, personally appeared F. M. Schwait, who acknowledged himself to be the Vice President of the Reliance Surety Company. Reliance Insurance Company. United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed' the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized oHicer. In witness whereof, I hereunto set my hand and official seal. NOTARlAL SEAL TAMMY SUE KAVATl, NOllll\' Public City of Phiiaoe!phia, Phita. Counly Mv Commission EKoires Julv 20, HISS JMyLJrnA ! L Notary Public in a for the State of P~n sylvania Residing at Phila<Uliphia \. I. Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17tba ...- I' . ! L Mav 19 -2Q.. UNITED PACIFIC iNSUR..ANCE CO:M:PANY PHILADELPHIA, PENNSYLVANIA FINANCIAL STATEMENT DECEMBER 31,1995 ASSETS Cash and Bank Deposits ............. ........ ..... ........... ..................... ..... .......................... .................... $ Securities ............. ............. ............. .............. ...... .................... ............... ....... ............. .................... Premium Balances (Under 90 days) .......... ........... ..... ............ ................. .......... ......... ................... Accrued Interest and Dividends.......................... ......................................................................... Other Assets.. ....... .... ........ .............. ....... ...... ........ ..... ......... ....................................... .................... Total Admitted Assets ............... ........... ................... ......... ............ ..... ........ .... ............... ......... $ LIABILITIES Losses and Loss Adjustment Expense ........................................................................................ $ Unearned Premiums......... ....... ............. ........ ....... ....... .... ... ....... .......... ........ ........ ..i........ ............... Other Taxes.. ........... ..................................... ..... ................................... .... ........... .L...... ............. ... Federal Income Taxes ....... ................... ....... ........ ...... ............ ................ ..... ....... ..... ...................... Other Liabilities.. ...... ................................. ......... ................................. ...................... .................... Total Liabilities ............ ...... ............ ....... ......... ..... .............. ........... ....... ...... ........... .................. $ CAPITAL AND SURPLUS Capital Paid Up ..... ..... ......... .... ...... ....... ........ ................... ................ ....................... ............. ......... $ Surplus ......................................................................................................................................... Total Policyholders' Surplus .... ................... .............. ................... ....... ............. ......... ............ Total Liabilities, Capital and Surplus ..........................................~......................................... $ State of Washington ) County of King ) SS. 932,358 90,437,288 (5,953,423) 1,486,834 45.840.506 132.743.563 . 26,484,755 7,636,581 67,841 892,073. 30.509:641 65.590~a91 3,000,000 64.152.672 67.152.672 132.743.563 Lawrence W. Carlstrom, being duly sworn, says: That he is Vice President of the UNITED PACIFIC INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the Commonwealth of Pennsylvania, and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified to act as surety under the Act of Congress of September 13, 1982, as amended (31 U.S.C. 99301 et seq.); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31st day of December 1995. Sworn .to me this 18th day of March 1996. ~ g. &~f2 ~v.~ Vice President Janis J. Crossland. Notary Public. State of WaShington. County of King. My Commission Expires February 5. 2000. BDU-1421 3/96 f , i , i \ ~ .4 . . 'J , .. ,ff1NDING HOLLOJfUN1fJ.:3 A .'ltBPLAT'OF ,A PORTION OF BLOCKD. D_R_ MITCI$U/S SURVEY '-Of#' .o.TIlS LEVY GRANT ON LAKE JESSUP, . PLAT BQQIC '1., PAGE 5 ., .:.':'.SBCTIONSJ.AND 2, . TOWNSHIP "~1. SOUTB,RANIP.' 30 EAST <.' . AND . SBCTION38,TOWNSHIP 20 SOUTH, . RANG:W:;"3"QEAST CITY OF WINTER SPRINGS, SEMINOLE COUNTY'irFLORIDA " ~; SHEET J OF :3 PLA T BOOK PAGE. ,~ '~ i-,~\ ,"_1i' OESCRIPnON$! 'if~'>: WINDING HOLL,OW UNIT 3 OED I CA T I ON KNOW ALL MEN BY THESE PRESENTS. That the corporation; named below. being the owner in fee simple of the Jands' { described in the forgoing caption to this plot. hereby ; dedicates said lands and plot for the uses. and purposes i therein expressed and dedicates the ;~TRU;T~.:.~.Q..QR^,N^P.t.~ .~NP.. ~JJ!-)IY. .~A.gM~~I?................... .................. .... .,. shown. hereon to the perpetual use of the public. and ............................ : IN WITNESS WHEREOF. has caused these presents to be ' signed by the officer named below on..................,.......~.. . ....; 'r . J That portion~of8tock -D. "D.R. MITCHELL.S SURVEY OF THE LEVY GRAN 1: ON .~. ~SSUP. as recorded in Plat Book 1. Page 5 of the Public ~fltCO('~sf)f Seminole County. Florida. being more particularly' descrl&ed os~f~w.: ;! . ','" -"'," e.gJn at tho "Southwe.t corner of Lot 129. WINDING HOllOW UNIT 2. as recorded in . t Book 48. PQges 85 through 88 of the Public Records of Seminole,,' 'ty.\Flori<io; thence run the f<>llowl09 S COUrses along the South and t' boundari.. of Boid WINDING HOLLOW UNiT 2: N 89-03'01." I for <:I distonce of 908.18 feet: N' 00-SS'S3- W for a distance of 170.00- t; .;5 89"03'07" W for a distance of 35.00 feet: ttlence run N 00-5&"53~ ' '1pr a distqnce of 845.00 feet to the South right-of~way line of Twetve, \s:OrI~.{50.00 foot R!W): thence run N8900J'07- E along said right";' ~woy "lIne and the EasterlyprolongaUon thereof for a distance of 270.00f..tcfthe point of curvature of a curve concave Southwesterly hovingo:r' sOf 50.00 feet; thence run Southeosterly along the arc of said curvethroil.o trol Jmgle of 72-01.59" for adJstooce of 62.86 feet to the ~ ' . - .,' -'.~. -, ' , . . point ()f~y.~nce run S 18es454 E fora d.stance of 153.36 feet to th. ~ l,,'ClJrvoture, oJ Q curve concave NortheasterJyhaving a radius' of :~C4t.Nn SoutheaSlerl)fafQngtbearc. of Hid curvethr~gh a :;_1 "42.+4'~5"fCK odfstOflpe 'Of, 1.4~68' 1..tto\the, point of ton. geney.\~ ." "ilin ..~ '. '-39'-29" ~ ferod!stonce of 17.90. fee!; th,.nce. run S 28-20~1' ,foro d,stance of 44.31 feet; thence run S 00"5653". E fora di,tonce;on ;18 'feet; thencfi run S 61039'29" E. for 0 distance of 194.92 feet; thenc'fun 5 00"5.6'53" E for a distance of 743.63 feet; thence run S. 891>3'07';;'W fOr' a distance of 455.00 feet: thence run S 00-56'53" Efor a . .' .. .', . - , distance of ~OO teet; thence run S 89"0307 W for. a diltan~e of 120.00 . . ~..t. - - '.. feet; thenc :~tun S 00"56 53 E for a distance of 486.11 feet; thence run N 6r20'07.~for a distance of 29.18 feet; thence run N 73"31'16- W for 0 distance of 7.10 feet; thence run N 83"O5~15- W for 0 distance of 87:25 feet; then tun N 88045'13- W for 0 distance of 87.45 feet; thence run S 81 "04'02- fbro distance of 158.31 'feet: thence run N 00-56'53" W for o distanoe 455.05 feet; thence run S 89-03'07" W for a distance of 306.18 feet to 0 p tnt on 0 non-tangent curve concave Southwesterly having a radius of 660.00 'f . ond 0 chord bearing of N 28044'25- W; thence run Northwesterl along the arc of said curve through a central angle of 07038'05" f a distance of 87.95 feet to the point of reverse curvature of a curve conca Northeasterly having a radius of 25.00 feet and a chord bearing of 25-33'09" W; thence run Northwesterly along the ore of said curve throu ,0 o<<1trol angle of 14 00'36- foro distance of 6.11 .feet to 0 point of n tangency; thence run S 56-55'03- W along a radial line for 0 distance of 0.77 feet to the point on a non-tangent curve concave Northeosterlhavlng a radius of 675.00 feet and a chord bearing of N 22038'2S"W;thence run Northwesterly along the ore of said curve through a central . of 20-52'57- for 0 distance of 246.02 feet to a point of non- tangency. .1 od point being on the West Right-ot-Way fine of Winding HQllow Boulevard ( .00 foot R/W): . thence run N 77"48.01- E along the South boundary I . of said WINDING HOlLOW UNIT 2 for 0 distance of 60.00 feet to the OINT OF BEGINNING. ADORESS: ..................................................... '., . By..................................................... PRINTED NAME: ......................................... Signed ond sealed in the presence of: r . ~ ' \ ~~.~~"ii'~c,~,;;:\.~:.~il~" "*~- ....,~-, j ,,~, , , B.y....... ............ ............,............. PRINTED NAME: ......................................... By , ........................"...................... . '" PRINTED NAME: ............................. ./~, ; lACATlC)Nv., (Not TO ~ , STATE OF COUNTY OF The foregoing instrument was acknowledged before me th is .......... ......... ......... .......... by ....... ...........,... ~ .-... .....~... .............v. ..~..... ....... of.............................................................. ......................... ....'.... a ...............................corporation. on ,behalJ of the corporation. He is personally known "to me or' has produced..................... ............. as identiflcationond did/did not toke on oath. . ;....,.. t' .. ................................................ Printed N~e: .... ....................... ,. . SUttVEYOR'S . NOtES: ;.... :8..tng',~de.o on the South Itn~ of 'MNDtNG HOLLOW UNIT 2. QS being N89'03'01" E (p~ plot). , . -::NO.1lCE~',,,,'.,.moy b.oddltionot restrictions that are not recorded on . thieptot that. mOY, .p.... found Inthep,ublic' records of this county. ..,.. UtiJity,.a~.n~sQr'e hereby e.tablish,dos follows (unless' otherwise . nottd):'. . c,' . . , S'ofongott ,i<Mlot U(le$: . . 10'Q19I19 011 '1rQr'lt lot line. and side lot lines abutting street. rights-of-way. - rract. itA" 'and ~B" ore lJtonnwater mcmagementareas and mltigotlon areas to b~ owned. and mOirttained by'ttle Homeowners Association with a Drainage E08ementd.dJeated to the Clty {>f Winter Springs. -V~ftul(J.r 'cJec~.\.iights from .Wlndlng Hollow Bouleyard to Lots 153 and 1&4oreA~yded'c:oted to the City of W1nlw Springs. , NOTARY PUBLIC COMMISSION NUMBER ...................~.. MY COMM1SS10N EXPIRES ..~.............. . , , . ~,.$it"dfrl'9:"~"'c ..'. '. '~:.-' :~;~.'~." .__~~",'-.o(:.:./!.::. .~~,~.:,., ;'<.""",' .'ront: 25'. -- ,"'. ' - leM. "2&', ~ ,'" '~~"".' "'.':lIIt' . ",~!,. ", f~i;1, .,~~,~~ .. "l'-J..:"",: lS; '. """,.. '. . itagee consents and agrees to the platting . of lands embraced in this plot e'dedlcatlon shown herein; and further. should it become necessary to ' . mortgage covering 'the property. thQ,t 011 pieces ondparcels dedicoted . bUc ' " . " " ,.!!-'#. . -ond ~"'e . ~tion .not1.r.emQlnin .lull.. " . '.ffec. <",,,,,,',:j,>~,,q., ' '. . ~ .' c' .;. ,',.":' :. . '. , , -, . -~ ~ I hereby certify that this plat is a true and correct representation of the lands surveyed. that the survey WQS made under my responsible direction and supervision. and that the survey dataeontained herein complies with all of the requirements of Chapter 177 of the Florida Statutes. I futher certify that I hove compiled with the' requirements of Chapter 177.091 (7) regarding "permanent reference monuments-. and that the land is located within Seminole County. Florida. DONALD W. MciNTOSH ASSOCIATES INC. , I ,~ '." ."'.f r/bA 0 t d 519191-. .'.n' .:;.~.. . 11 A.J~: k a e ....,..../..~.V?.......~'Y~ :.';.;CJ<'t_' Signature...., ./f!.t{J.~...................................~/ .;~,.;, .. '::: PRINTED NAME: KEITH RUDDICK ~.;~' t:..> ,>.: T.; ';' :J..i. ..... ..,(.",,,, Re:g"ttrat,.on No 2617. . .;.\ Z:, ~'i~~J~:t;.;~':., . -'., c' """,.. ' ~....,~...,~~!t....,......~.._..... . :..~~7"": \-I;:"'~'),-~J:. _>)~'.,f::'",~"-_::' :r,' ":,-;' . .iL..e .'. 'I ~~.Y~it':?f;... . CERTlr=-tCATE 0' APPROVAL ': j".' BY MUNICIPALITY THIS IS TO CERTIFY, That on................................. . .... .451 acres more or less. AND CONSENT TO DEDICA 11 ON ,: ' .~. <, BARNETT BANK OF CENTRAL flORIDA . "'~ . ",' '.-, ,- . - 'Z~, :,'~.:1" " ., .' " . ~ "'. _By. the. . .. .. .. . .. .. . . .. . .. . . .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. ._. .. .. .... .. . .. .. .. .. . . .. .. .. .... .. .. .. .... .. . .. ... .... .. . ...... --........: ................................approved the foregoing plot. ------------ Print Name: ___ By. ",,-'JIL_ ,. ...... .... .......... ...... .............. .... ..... ... ....... ........ .... ........ ..... .....- -~---------~ Print Name: ATTEST: MAYOR n~ instrument was acknowledged before me this by of Barnett Bonk of Central Florida, a corporation. on behalf of the corporation. He Is personally known 'me or hos produced as Identlfica.tion and did/did not toke Qn Qaltf.; .... ........................ ... ......... .......... ...... ... .C'ITY CLERK CERTlFICA TE OF CLERK OF CIRCUIT COURT I HEREBY CERTIFY. That I hove examined' the foregoing plot and find that it complies ~n form with 011 the requirements of Chapter 177. ,Florida Statutes. and was filed for record on .................. o't............................ Fi1 e No.................................................... ~ " ,1 Printed ~Qme:' M NOTARY lPUBUC P 21::{ ELI i ': '; i .~ F\ F YU:RK"OF"i'HE"COURT"""""'''''''''''''''' ,.in and for Seminole County. Florida ...av 13.' ' , NOT FOR CONSTRUCTl '1 1M. BY.. ................... ....... ..... ...... ............... ..... D.C. " , Com~ No. My COI'tU'ttlsllone)Cplres:_ ,;. ,~ .' r.'. , . F: \C\S\93038\93038PT' 5/9/96 . .;j'; " " ,_..' ~ . . '. . 1,:' ,. "1'" . '.,'.- .', , '." ~ " ~. ',,' , .~ . , "//, "." I "'; . ~ .': ..' , , '.. " '- ~ . .,...... r "; " -...;L-c"':: , ,I " , ' <, ,"'. ;:;. J'llNDINa.':'HOLL'()If UNIT 3 '.it REP;'t OFAPOR'r1~N'O,f'BI.oC,,~tD.R.MITCHELL'S SURVEY 01' T~ lEVYGRAtiT ON, LAKE JBSB'fJP~ PLAT BOOK 1, PAGE 5 . SBCTIONS J, AND ~. . TO'WNSHIP .IUSOUTH, RANGE 30 EAST AND ,SECTION "38~'."TOffNS1l1P '20 SOUTH, RANGE 30 EAST CITY' OF WINTER~ SPRINGS. '$EMlfrlOLB COUNTY, FLORIDA , . ~ ,I" ~ · r ~ ). , , , ,14 , ,J; , ~ :: . 1_ I , .: ,,">./f': ,\', ,.. , . " . " v., ',", .. ~ " ~ PLA T BOOK MA TCH UNE SE( SH(ET 3 Hi9;;.rOrE - h ': - - - - - 125.00' Si1 170 8 (I) ..... ,. 8 i 1 5.00 u1.... I ~ ~~Ql .... t floe pi ~ ~ ~ q , ", ~l 6 I ~-< ~ I (A... 0 t.,)"" > R'}I~ I ~> ~ tD~ ~ I ....~ R' !)t ~~ a I 8 ." -l :J: ~ I -l I ... ~ ...... TRACT "8" <.I,CO !:it ~ ..... (DRAINAGE EASEMENT) 8~ I , .. ,NOOW'q' * , ....~':,' '117 , ' t" " , " 167 N89Y)J'01"E 125.00' 186 110.00' 110.00' 170.00' 455.00 LOT 65 BLOCK -0- OF O.R. AlITCHfUS SURVE:Y OF THE LEVY GRANT ON /-AKE ,ESSUP PLAT BOOK ,. PA~ S LOT, $1 ~ . > ' , TRACT"A" (DR~HAGE EASCMENT) ; ::. ,,~. _ '-,.~,,-, ,eo,..;;;- LOT 10 - - - .. LOT 79 'z " f I I ~ I , . BLOCK, "0- OF O;R. AIITCHCLt.S I SOR\of'Y OF TNt U;VY GRANT ON u'l<f JCSSVP ' ~T BOOK f. PAtO( 5 ' LOT 71 :'. ~ } , .~ ... . '., '-: , , ,GRAPHIC SCALE ~: ( 1M ,.,. ) I moh - 100 ft.. 400 ~ '< ~' ,Nt)jJeE:'._w~'iit'''Al RtS~CnpNS THAT "If! .> ,:..~" t;:_":'1II$,:f!I.ltrHATJIAV BE t:OUNO.IN '1fI€ , ' ..' '~.'_I!!> ~..,,,,,,. ' " .' ',:' .', . 1tIf"'..;",",,, ~,.r'r4-j .'- , "",; '.', ':.~ ;~it: ..~. ":_.., ~ . \ _ . :..' , '.," '-.., , .. "'..'~ , .' , -, . : , ' .' , ~ . ' , . . - ." ~), " \-. SHEET 2 OF 3 --- (I) ~ ::0 ;;;j -< ~~ ~~~ -i d ~I;; . ~~~ -~p . 2~ ~-ii: ~o- "'~2 Olr-,., >1= ~Vl iii; ~ "ll ~ r- ~~ · 01 1"1 (It ~ ~ PAGE LEGEND C53 - CUR~ NUMBER (SEE TABlE ) 114 - LINE NUMBER (SEE TABLE) I::. - CENTRAL ANGLE R .; RADIUS L - ARC lENGTH CB - CHORD BEARING ct - CENTERLINE R/W - RIGHT-Of-WAY NT - NON-TANGENT (R) - RADIAL PI - POINT OF INTERSECTION PT - POINT OF TANGENCY PC - POINT OF CURVATURE PeC. POINT Of COMPOUND CURVATURE PRC = POINT OF REVERSE CURVATURE O.R.B.- OFFICIAL RECORD BOOK P.B. - PLAT BOOK PG. - PAGE D.E. - DRAINAGE EASEMENT U.E. .. UTILITY EASEMENT o Ie U - DRAINAGE AND UTILITY BSl - BUILDING SETBACK LINE I.R. .. IRON ROD I.P. - IRON PIPE C.t.4. .. CONCRETE MONUMENT LB .. LICENSED BUSINESS PLS = PROfESSIONAL LAND SURVEYOR SEC. 1-21-30 - SECTION 1. TO.,.,.,SHIP 21 SOUTH. RANGE 30 EAST NT .. NONTANGENT . -DENOTES PERMANENT REFERENCE MONUMENT (sET 4.X4- CONCRETE MONUMENT 12617 UNlESS OTHERWISE NO'FtD) PER CHAPTER 177, FLORIDA STATUTES. '-.....-- - DENOTES PERMANENT CONTROl POINT (SET 60 PENNY NAIL AND DISK 12617) PER CHAPTER 177, FLORIDA STATUTES. (SMA) .. STORMWA TER MANAGEMENT AREA CURVE TABLE (THIS SHEET ONL Y) LENGTH TANGENT CHORD 63.03 32.15 62.42 186.08 93.69 185.44 49.00 24.51 48.99 235. 118.86 233.78 39.60 25.33 35.58 64.14 32.54 63.69 38.86 24.59 35.06 33,98 17.14 33.84 49.98 25.21 49.77 14.16 7.09 14.16 125.72 63.08 125.50 39.27 25.00 35.36 39.27 25.00 35.36 39.27 25.00 35.36 39.27 25.00 35.36 6.11 3.07 6.10' RADIUS 130.00 645.00 645.00 645.00 25.00 155.00 5.00 105.00 155.00 155.00 615.00 25.00 25.00 25.00 25.00 5.00 Ii '* I. r .~ C L" t',~, \ mH, , 11 iJ ~ NOT FOR CONSTRUCTrOJV'RED BY: BEARING S 75'09 40 W S 20'2753 E S 30'54 22 E S 22'J8 28 E S 69"7709 E S 771147 W N 25'5849 E S 79'46 48 W N 74'3444 E N 86'26 05 E S 18'0322 E N 44-0307 E N 45'56 53 W N 44'0307 E N 45'56 53 W S 25.33'09 E DEL T A 21'46 54 16'31 47 04'2110 20'5257 90'44 48 23'42 40 89"03 20 18'3238 18'2834 05'14'0 11'42 46 90'00 00 90'00 00 90UO 00 90'00 00 14'0036 DONALD W. MciNTOSH AssocMAYIJ.3 1996 2200 PARK AVENUE NORTH. WINTER PARK. FL 32789 (407) 644-4068 F:\C\S\9JOJ8\9JOJ8PT3 , 5/9/96 , -' /. , .:."t> '-,' ~ ';- >; " .' .". ..-. ' ~,"~' " ; .) ".. , WINDING HOLLOW UNIT :3 A REPLAT OF A PORTION OF BLOCK D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 SECTIONS 1 4ND 2, TOWNSHIP 21 SOUTH, RANGE 30 EAST AND SECTION 38, TOWNSHIP 20 SOUTH, RANGE 30 EAST' CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA SOUTH R/W LINE AND THE EASTERLY PROLONGATION --4'---~~_"_~_....._-__--'1,,._ _._._____"___________ _..-___ ___.___~ ___.________._ ~'__________ 64 I --L t:. -= 721>1'59- R - 50.00' L - 62.86' : ; - .' .tEGtN~D .... ..C53 ..,.~;.~.<lstt'tA8U:) . ..:U......... ~:(..'TJ.MlE) ..A,..~. '.~. ~"'.'l"" -A.~. . ..... ..' . -' ...,...... ,""'- .".......... .' .R... "'.~ . L..'AJtC,IJ)fotH . C8 . -'~,IEAAING -t' . _.~__ R/W - ..c.n:~-WAY 'NT.- .....T~T ' (R) .!".,~Al... PI:. -POINT 'or.. 1N1tMEC11ON -pT ~.. ~TOF TAN9(HCY fI'C. ... PciHfor etlRVA lURE ,PCC..POiHT f1F .eOMPouNo. CURVAlURE , ~ . ~>_POfNT (IF ReVERSE CURVATURE' "()Jl..... Of?ICALREcoRD .8OOK ":8., ail :PJ.AT JIdOI< PG; .,P" . '. . i).E. .. O;ItMlAOE EASEMENT tJ.f. "UWTYEAsntEHT . -0 IIU .. DfWNA. AND.' vnUTY ' .. '; .. ~ .st18ACK ONE I.":" fRONftOD . U? -ftON ..PIPE . . 'C.~~ h--OQNQAE'rt. NONtMEHT Ll <'-.UOf:NSa)- 8USItOS . FU '.. '.,~ lAND SUR~ ... 1-21-30 ;-.Cl1ON 1, ~SHlP 21 SOUTH. . R~ JOU.ST .",. '. ....~... ~. ....1U .PERM, .. . ANENT REFERENCE MOHo. WENT . . ; (.-r.~4. COHCItrtE MONUNENT 12817 ' . ." ....O~NOJEI)) . . , Pf;I.t .'CH~ Tn. f1.ORIDA STATUTES. ~ ..~~""T CONTROl. POINT. '.: ." . . em tj)J.lQfHY. NAl. .AND DISK 12017) . , PDt~ 177, F'LORfOA STATUttS. . . ~ . ? ~'. '. "7 : ':, J" , ,<~ ;..~ . , . -.-, ';)' . " " .-'. - . ,- "', '.\', . , . '. . ~... - ..".....~,_.~- ._-.. ----"", ".... ._--,---,-,,',... BlOCK "0" Of" o.R. MITCHEll'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP PLAT BOOK 1, PAGE 5 8 ~ . ui- -- <1 PI I -~ I I I I I I J I I I I I I -- 107 -- pi 131 pt t;I 108 ~' ~ a sa '03'07.W en -- 120.00' I~ z...., ..., ~~ (Jl 109 132 a (Ii ~ '03'0?W ,., --~ 120.00' il ..... pf ~ (Jl 133 110 -a ~ S80'03' 7.W -- 120.00' ~~ Vt 134 ~ ~i 111 a ~ ~i sa8"03'01.W f;; -- 120.00' I 112 135 LOT 42 t:. - 42-44'35- R . 100.00' I L - 74.60' I I 'lr 1/. PT I I S 81-39'29- E 17.90' S28~O' 31-W 44.31' Soo"'56'53-E 86.78' 114 8- g i ~; r'=J ',!JrIo ~ ", -0 ~ q >-0 "TI g~1 .~ ....-< (5 ~::o > ",,} "'0 o S~ ~ f -fTI,R' &~lC I . z C) "'D-4 X _ > .-4 I ~. : lRACT ItB- ~ ~ . DRAINAGE EASEMENT) I . r r'~" . :"'I. '-- :,. ". ':'-'.' 115 . ....... ........... 11 00' I f -L-1_____ 0) Co1 116 Oi ~ -- ..... LOT 42 (J) tbt6, -- .tOO 0 ~. PlA TBOOK PAGE SHEET 3 OF 3 GRAPHIC SCALE 50 t 100 200 ! t ( IN FEET ) 1 inch :::: 100 ft. 400 J " ..... '~y "".... '. " 'j, M ._ ' .,~' <,,..,' . ,.' .' '. :ji, . ~ ' "'. ;, . ~, .J; i:t \ I ,~.~ -.. t:;dI ~ Xl ~'" ,. NOT FOR CONSTRUCT'~ARED BY: , AMy 1a 1 DONALD W. McINTOSH ASSOClA ltS. INC. . 2200 PARK AVENUE NORTH. WINTER PARK, FL 32789 (407) 644-4068 F:\C\S\93038\93038PT 5/9/96