HomeMy WebLinkAbout1996 07 08 Consent Item D
COMMISSION AGENDA
ITEM
D
REGULAR
CONSENT X
INFORMATIONAL
July 08. 1996
Meeting
MGR ((f.lyf fDE~
Authorization
REQUEST: Land Management Division requesting Commission approval for the recordation
of the plat and supplemental covenants, and for the acceptance of the water,
sewer, and reclaimed water system for public ownership, Howell Creek Reserve
Phase Two subdivision.
PURPOSE: The purpose of this agenda item is to approve the recordation of the plat and
supplemental covenants, and to accept the water, sewer, and reclaimed water
system for public ownership and maintenance. The plat and supplemental
covenants to be recorded, and the improvements to be accepted are located in the
Howell Creek Reserve Phase Two subdivision, located north of the abandoned
CSX right-of-way, east of Howell Creek and west of Vista willa Drive in the
Tuscawilla Planned Unit Development.
APPLICABLE CODE:
Code Section 9-76(b) Maintenance Bond.
(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.
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July 8, 1996
AGENDA ITEM D
Page 2
(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 the 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 dedication shall remain in full force and effect. "
(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.
Code Section 9-7 6(b) Maintenance Bond. When requesting to record a plat for
which the improvements have been installed, inspected and approved by the City engineer and
when the City is being asked to accept such improvements, the subdivider shall provide a
maintenance bond payable to the City guaranteeing the performance of required and installed
improvements for two (2) years after the date of completion and acceptance by the City executed
and enforceable in the same manner as the corporate or surety completion bond. The bonds shall
be in the amount often (10) percent of the estimated construction cost of all improvements to be
owned and maintained by the City. As an alternate 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.
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July 8, 1996
AGENDA ITEM D
Page 3
FINDINGS:
1) Final Engineering for this project (to be built in phases) was approved by the
City Commission on November 28, 1994.
2) Howell Creek Reserve Phase One was approved by the City Commission on
April 25, 1995.
3) The City Engineer is requiring a Temporary Cul-de-Sac Easement and A
Temporary Swale Easement for improvements that are relevant to Phase Two, but are to be
constructed in Phase Three. He is also requiring a performance letter of credit in the amount of
$31,004.00 for these two items. The easements and a letter of credit have been submitted and
approved by the City Engineer.
4) Howell Creek Reserve Phase Two has been inspected by the Fire Department,
the Police Department, the Utility Department and the City Engineer. All found the work to be
acceptable.
5) The City Engineer has approved the estimated construction cost of the
improvements to be accepted by the City at $140,435.75. The ten (10) percent amount for the
bond is $14,043.58. A maintenance bond in that amount has been submitted.
6) Favorable Commission action on this agenda item will allow the developer to
be issued building permits and certificates of occupancy.
CONCLUSION:
This application for plat and supplemental covenants, and the acceptance of public
facilities has satisfied all applicable law and regulations.
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July 8, 1996
AGENDA ITEM D
Page 4
RECOMMENDA TION:
The recommendation is that the Commission approve the acceptance of the water,
sewer and reclaimed water systems for public ownership and maintenance, and that the plat and
the supplemental covenants be recorded.
ATTACHMENTS:
June 28, 1996 - Police Department Memo
June 28, 1996 - Fire Department Memo
June 27, 1996 - Land Management Memo
June 27, 1996 - City Engineer Letter
June 21, 1996 - Utility Department Memo
June 19, 1996 - City Engineer Memo
June 14, 1996 - FRC Letter
June 12, 1996 - FRC Letter
June 6, 1996 - Lowndes Drosdick Doster Kantor & Reed Letter
May 17, 1996 - City Engineer Memo
May 16, 1996 - City Engineer Memo
May 13, 1996 - Utility Department Memo
May 2, 1996 - Building Official
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July 8, 1996
AGENDA ITEM D
Page 5
January 18, 1996 - City Engineer Memo
- Letter of Credit No. S534156
- Maintenance Bond
- Supplemental Covenants
- Plat
COMMISSION ACTION
NOTE: Please return plats to Land Management Specialist. These plats can be used for
addressing requirements.
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TO: Don LeBlanc, Land Management Specialist
FROM: Glenn Tolleson, Operations Bureau Commander
DATE: June 28, 1996
SUBJ: Howell Creek Reserve Phase Two.
I have inspected Howell Creek Reserve Phase Two, and have the
following comments:
There is still no 20 mph speed sign going east from the west end of
Nandina Terrace. I will approve the project as is until completion
of construction, and then the sign must be in place.
FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS. FLORIDA 32708
TELEPHONE (407) 327-2332
FIRE AND
RESCUE
SERVICES
MEMORANDUM
To: Donald LeBlanc, Land Management Specialist
From: Timothy J. Lallathin, Fire Chief ~ I ~
Date: June 28, 1996
Subject: Howell Creek Reserve Phase II, Hydrant Inspection
The fire hydrants in the above referenced development have been inspected and meet
City requirements. The inspection results are attached, and no additional inspections will
be required in this Phase by the Fire Department.
cc: Kipton Lockcuff, Utility Director,
David O'Brien, Deputy Fire Chief
Attachment: 1
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June 27, 1996
To:
City Attorney D
Land Management Specialist W
From:
Re:
Acceptance of Improvements
Recordation of Plat and Supplemental Covenants
Howell Creek Reserve Phase Two
Attached for your legal review are the below listed documents necessary for the acceptance of
improvements, and for the recordation of the plat and supplemental covenants for Howell Creek
Reserve Phase Two subdivision:
I) Proposed Plat - reviewed by Staff (City Engineer Memo of May 17, 1996; Utility
Director Memo of May 13, 1996 and Building Official Memo of May 2,1996) and found to be
acceptable;
2) Title Opinion furnished by Lowndes, Drosdick, Doster, Kantor & Reed, P.A. dated
June 6, 1996 - this appears to be correct pending your legal review - further certifies that the ad
valorem real property ta'(es are current;
3) Temporary Easements for a cul-de-sac and a swale for the outfall pipe (required by
City Engineer) attached to FRC correspondence dated June 12, 1996 and June 14,1996 - the City
Engineer has reviewed these and found them to be satisfactory as per his letter of June 19, 1996.
These easements will expire once Phase Three of this subdivision is platted;
4) First Union Letter of Credit No. S534156 in the amount of$31,004.00 required for
those items listed in Item 3 above - the City Engineer has reviewed this and found it to be
acceptable;
5) Maintenance Bond in the amount of$14,043.58 - the City Engineer has reviewed this
and found it to be acceptable. The City Engineer's quote that the Letter of Credit (developer
chose to furnish a Maintenance Bond instead) be for $14,043.8 (10 percent) is in error. The 10
percent is derived from the construction cost of$140,435.75 and the Bond amount is correct. I
called Rebecca with the Florida Insurance Consumer Hot Line (1-800-342-2762) on June 13,
1996 and was told that Great American Insurance Company has been licensed since 1944 and has
no derogatory comments.
6) Supplemental Covenants - appear to be satisfactory pending your legal review.
This will be an Agenda Item for the Commission Meeting of July 8, 1996.
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone (407) 327-1800
June 27, 1996
Reinardo Malave, P.E.
Bowyer-Singleton & Associates
520 South Magnolia Ave.
Orlando, FL 32801
RE: Tuscawilla Parcel 15 (west), Howell Creek Reserve Phase 2
"As-built" Inspection ** ACCEPTED **
Dear Mr. Halave:
On June 17, 1996, the Engineering Department conducted an "as-
built" inspection at the subject site. Four deficiencies (punch-
list items) were noted at that time. They have been corrected or
are in the p~ocess of being corrected and will be complete before
the July 8, 1996, Commission meeting.
Only one punch-list item win _take until the middle of July,
1996, and that is the complete removal or all the cut trees.
I accept this phase as having been constructed in general
conformance to the approved engineering pi ans and recommend it for
Comrnissio.iJ. appn:H'21 afl.d 2cceptance.
This department will conduct a "check" inspection, during the
first week in July, to assure that the promised completions of the
couple punch-list items have been accomplished. If any of the
promised punch-list items are not completely finished before the
July 8, 1996, Commission meeting, except for complete cut tree
removal, the Land Management Specialist, Donald LeBlanc, will be
notified. He will then remove the approv~l of this phase f~om the
July 8th Commission agenda.
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If you have any questions, please g~ve me a call at 327-8397.
A~ /:- ~
Mark L. JenkinS'~~
City Engineer
cc: City Manager
Land Management Specialist
utility Director .
Reinardo Malave, P.E., ,FAX# 649-8664
Burt Bines, FRC, FAX# 682-7287
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WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT
June 21, 1996
110 NORTH FLAMINGO AVENUE
WINTER SPRINGS. FLORIDA 32708
Telephone (407) 327-2669
Fax (407) 327-0942
MEMORANDUM
TO:
Don Leblanc, Land Management Specialist
Kipton Lockcnff, P.E., Utility Director J/t-
FROM:
RE:
Howell Creek Reserve Phase Two
We have inspected the water, sewer and reclaimed water systems for Howell Creek Reserve
Phase II and recommend them for acceptance.
The DEP water and sewer certifications have been forwarded to DEP for approval. Once
approval is received, the water mains will be fully operational and ready for testing by the Fire
Department. We will notify the Fire Department when clearance is in hand.
File
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 3270a:2799
Telephone (407) 327-1800
June 19, 1996
TO:
Land Management Specialist,
Donald LeBlanc
City Engineer, ~t1I.
Mark L. Jenkins, P.E. ~
FROM:
SUBJECT: Howell Creek Reserve Phase Two (aka Tuscawilla is, West)
- Temporary Cul-de-Sac Easement Document and
- Temporary Swale Easement Document
The subject documents, both signed by Burt Bines and notarized
June 5, 1996, have been received and found to be acceptable.
Temporary Cul-de-Sac Easement: Is for the construction of a
cul-de-sac, just inside Phase 3 between lots 128 and 129, if the
developer does not start on Phase 3 at the end of 8 months. The 8
months is mentioned as the default date in the escrow document. We
don't want a dead-end street at this location if Phase 3 doesn't
get bui 1 t.
Temporary Swale Easement: Is tor the temporary swale, from
Pond 21 to Howell Creek. Pond 21 serves Phase 2 and Phase 3.
Therefore, it must have an outfall to the creek for acceptance of
Phase 2. The approved design calls for a ~, not a swale, from
the pond to the creek and the developer plans to install this when
he starts Phase 3. This document and the escrow funds will provide
for the installation of the pipe if the developer does not start
Phase 3 in 8 months. The 8 months is mentioned as the default date
ln the escrow document.
IMPORTANT! The developer will still need to provide the City
with a:maintenance performing entity to maintain the swale when it
becomes eroded and overgrown, which will happen a lot. We or the
homeowners need to be able to place a call and have someone repair
the swale in a very timely ma~ner (ASAP).
If zou have any questions, please let me know.
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cc: City Manager
Utility Director
Building Official
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'.1;._ 101 Wymore Road, Suite 400, Altamonte Springs, FL 32714 . (407) 862-3000 . FAX (407) 682-7287
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June 14, 1996
Mr. Mark L. Jenkins, City Engineer
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
Re: Howell Creek Reserve Phase Two
Dear Mr. Jenkins:
Please find enclosed Grant of Temporary Easement revised as you requested so that the
easement for the outfall pipe is wide enough to cover the existing swale on what will be
Phase Three of Howell Creek Reserve. Please review the new Exhibit "C" attached to the
easement document and advise if you need anything further from us in this regard.
Thank you for your attention to this matter.
SincerelY'j "
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Elli Scuderi
Corporate Secretary
Enclosure
cc: ~\1r. Donald R. LeBlanc, w/enclosure
Mr. Barry Roy, Bowyer-Singleton, w/enclosure
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GRANT OF TEMPORARY EASErv1ENT "
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THIS GRANT OF TErvLPORARY EASEMENT (the "Easement") is made this S#.
day of \FLltl:;; , 1996 by INT01\l11\1, INC., a Delaware corporation qualified to transact
business in the State of Florida ("INTOMM"), whose address is 101 Wymore Road, Suite 400,
Altamonte Springs, Florida 32714, to and in favor of TIIE CITY OF WINTER SPRINGS, a
Florida municipal corporation (the "City"), whose address is 1126 East State Road 434, Winter
Springs, Florida 32708, and the HOWELL CREEK RESERVE CONfMUNITY
ASSOCIATION, INC., a Florida corporation not-for-profit, whose address is c/o Morrison
Homes of Florida, Inc., 250 Park Avenue South, Suite 300, Wmter Park, Florida 32789 (the
" Association").
WIT N E SSE T H:
WHEREAS, INTOiVllvl is the owner of certain real property situated in Seminole
County, Florida and more particularly described on Exlubit "A" attached hereto and by this
reference made a part hereof, which property is to be platted as Howell Creek Reserve Phase
Two (the "Property") and adjoining property more particularly described on Exhibit "B"
attached hereto and by this reference made a part hereof (the "Future Property"); and
WHEREAS, INTOMtvl has constructed drainage facilities (the "Facilities") on the
Property and the Future Property, which Facilities provide service to Howell Creek Reserve
Phase Two as recorded in Official Records Book , Pages _ through _, Public
Records of Seminole County, Florida; and
WHEREAS, access to the Facilities located on the Future Property is available only
through the Future Property; and
WHEREAS, The City and the Association have requested that INTOMM grant and
declare to the City, the Association and future owners of lots in the Property a certain non-
exclusive temporary easement for ingress and egress, police, fire protection, emergency
vehicles and service vehicles in and across the Future Property; and
WHEREAS, INTOMJ\tl has agreed to grant and declare an easement, subject to the
terms and conditions set forth herem, across a certain portion of the Future Property, more
particularly descnbed on Exlnbit "c" attached hereto and by this reference made a part hereof
(the "Easement Area").
Prepared by: E. Scuderi
INTOMM, Inc.
101 Wymore Road, #400
Altamonte Springs, FL 32714
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NOW, THEREFORE, for an in consideration of the terms hereof and other good and
valuable consideration not set forth herein, but the receipt 0 f which is 'bereby acknowledged,
INTOMM hereby states and declares as foUovv's:
I, Recitals, The recitals set forth hereinabove are true and correct, and are
incorporated herem bj' reference.
2. Grant and Declaration of Easement. Subject to the terms and conditions set
forth herein, INIONfM hereby grants, conveys and declares unto the City, the Association and
future owners of lots within the Property, their successors and assigns, a temporary non-
exclusive easemer.t for ingress and egress, police, fire protection, emergency vehicles and
service vehicles in and across the Easement Area for temporary use by the City, the
Association and owners oflots m the Property.
3. Duration, The easement herein granted shall be non-exclusive and shall
automatically terminate, without the necessity for further action or further recording of any
documents by INTOMl'vl, the City, the Association or any Gwner or owners of Lots in the
Property upon completion and acceptance by the City Commission of the Plat of Howell Creek
Reserve Phase Three. The easement hereby granted, created and declared. sets forth the entire
agreement among the parties and may not be changed, amended or modified except by an
instrument in, \vritmg, executed by INTONllv1, the City and the Association.
4. Incidental Rights. The easement hereby granted, created and declared includes
the creation of q1l incidental rights necessary for the use and enjoyment of the Easement Area
by the City, the Association and the owners oflots in the Property for its intended purposes.
The efiSement herem granted does not, however, constitute a dedication to the public for the
use by the public 0 f such easement or Easement Area and is reserved and restricted to the
rights ~t forth herem.
5. Plat of Easement Area. INTOMM hereby reserves the right, at any time, to
complete the platting process for Howell Creek Reserve Phase Three and., by recording said
plat, to create a private roadway and stormwater and drainage facilities which include the
Easement Area and, upon completion and acceptance of the plat of Howell Creek Reserve
PQp.se Three by the City, this Easement shall automatically terminate, and neither the City, the
Association or the owners of lots within the Property shall have any further rights hereunder.
Upon request by INTOMM, the City, the Association and any owners of lots in the Property
agree to execute such documents as may be required or necessary, if any, to allow for the
recording of the plat and to evidence the termination of this Easement.
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6. Governin~ Laws and Severability. This Easement shall be governed, construed
and enforced in accordance with the laws of the State of Florida. If any provision of this
Easement is hereafter expressly declared by a court of proper jurisdiction to be invalid or
unenforceable, then such provision shall be canceled and severed from this Easement and the
other provisions of this Easement shall continue in full force and effect.
7. Binding Effect. With or without specific reference thereto, the conveyance of
an interest in any portion of the Easement Area or the Property shall be subject to the
respective burdens and benefits of the easement hereby created and granted to the same extent
as if an of the terms of this instrument were set forth in such conveyance in full.
IN WITNESS WrlEREOF, INTONfM has executed this Grant of Temporary
Easement in manner and fonn sufficient to bind it as of the day and year first above written.
Signed, sealed and delivered
ir! the presence of:
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.PrIIit Name: Su '.ri-n/ J.. c_:- H/IS
J. orporation
eState of Florida
STATE OF FLORIDA
COUNTY OF SENlINOLE
'-fA The foregoing Grant of Temporary Easement was acknowledged before me this
.5-- day of J/~I'/ff ,1996 by BURTON A. BINES, as President ofINTONfM, INC.,
a Delaware corporation authorized to transact business in the State of Florida, on behalf of the
corporation. He is personally known to me.
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Eleanor Scuderi, No Public
State of Florida
; :'\I'-~y PUc; OFFICIAL NOTARY SEAL
o ~ </ ELEANOR SCUDERI
$~. C; COMMISSION NUMBER
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"1- ~ M',' COMMISSION EXP. J'
OFF\.O AUG. 71999. ..,
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EXHIBIT "A"
CO~NCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP ZI
SOUTH RANGE JI EAST, RUN SOO-Z4'SS<o, ALONG THE EAST LINE OF
SAIO SECTION B. A DISTANCE OF ZOS.S6 FEET TO THE NORTHERLY
RIGHT-OF-WAY LINE OF THE LA~E CHARM BRANCH OF THE SEABOARD
COAST LINE RAILROAD (100' R/W). THENCE RUN NS.oJ4'S7-W.
ALONG SAID NORTHERLY RIGHT.O.-'..AY L,INE. A DISTANCE OF 293. I 4
FEET TO A POINT ON A CURVE. COI~CAVE SOUTHWESTERLY. HAVING A
CENTRAL ANGLE OF 24-44'10- AND A RADIUS OF 1959.19 FEET AND
A CHORD BEARING O. N66-S6'09-w. ,HENCE RUN NORTHweSTERLY
ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY
LINE. A DISTANCE OF B4S.83 FEET TO THE POINT OF TANGENCY,
THENCE RUN N79-18'14-W. ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE. A DISTANCE OF 691.26 FEET TO THE POINT OF CURVATURE OF
A CURVE. CONCAVE SOUTHWESTERLY. HAVING A CENTRAL ANGLE OF
1,0.6'3B- ANO A RAOIUS OF 2612.09 FEET. THENCE RUN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE. AND SA[D
NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 536.92 FEET TO
THE POINT OF TANGENCY, THENCE RUN SSS-SS'OS-W. A OISTANCE E
OF /702.15 FEET TO THE SOUTHWEST CORNER OF HOWELL CREEK
RESERVE PHASE ONE AS RECOROED IN PLAT BOOK . PAGES
. PUBLIC RECOROS OF SEMINOLE COUNTY. FLOR[DA. FOR A POINT OF
BEGINNING. THENCE DEPARTING SAID HOwELL CREEK RESERVE PHASE
ONE. CONTINUE S8S-55'09-w. ALONG SAIO NORTHERLY RIGHT-OF-WAY
LINE. A DISTANCE OF 1622.39 FEET. THENCE DEPARTING SA[D
NORTHERLY RIGHT-OF-WAY LINE. RUN NOs032'09-E. A DISTANCE OF
9.62 FEET. THENCE NI3-S9'07-... A DISTANCE OF 30.89 FEET.
THENCE N69020'07-W. A OISTANCE OF 35.97 FEET, THENCE
NB7-33'SB-W. A DISTANCE OF 60,07 FEET, THENCE N29030'49-W. A
DISTANCE OF 32.95 FEET, THENCE NJ4-3S'27-W. A OISTANCE OF
34.0S FEET. THENCE SS9-11 '47...". A DISTANCE OF 35.02 FEET.
THENCE N6I000'ZS-W. A DISTANCE OF 53.52 FEET. THENCE'
N24044'24-E. A DISTANCE OF 100.20 FEET, THENCE NII-ZB'IS-E.
A DISTANCE OF 66.16 FEET. THENCE NOI-,D'J7-E. A O[STANCE OF
44.66 FEET, THENCE N44"08'08-E. A DISTANCE OF 56.IS FEET,
THENCE NSsoJJ'4S-E. A DISTANCE OF 41.72 FEET. THENCE
NZ3-Z9'OZ-g. A D/STANCE OF 44.SZ FEET. THENCE N4Z"14'02-E. A
DISTANCE OF 43.50 FEET. ,HENCE NZZ.'T'SI -E. A D[STANCE OF
34.Z8 FEET ,HENCE S89"SZ'39-g. A DISTANCE OF 147.99 FEET.
THENCE SO~-07'ZI -w. A DIS,ANCE OF 14.28 FEET, THENCE
SS9-SZ'39-g. A DISTANCE OF 170.00 FEE,. THENC& SOO.0'I..2'"'"W.
A DISTANCE OF 9.4B FEET, ,HENCE SB9-SZ'39-E. A DISTANCE OF
IZO,OO FEET. THENCE SOO'07'ZI -w. A DISTANCE OF 150.00 FEET:
THENCE S71.'6'OJ-g. A DISTANCE OF 36.11 FEET. THENCE
NB8-5S'Os-g. A OIS,ANCE OF 305,84 FEET. THENCE NOO-D7'21-g
A DrS,ANCE OF ZJO,09 FEET. THENCE NB9.S2.39"'"W. A DISTANCE O~
50.00 FEE" ,HENCE NOO-07'ZI -g. A DISTANCE OF 125,00 FEET.
THENCE 589'52 '39 -E. A DISTANCE OF 390.00 FEET, THENCE
SI90S1 '3B-g, A DIS,ANCE OF SS.SZ FEET: THENCE SOO.07'21-W. A
DISTANCE OF 150.00 FEET, THENCe: S36.13 '58 -g. A DISTANCE OF
46.J7 FEET TO A POIN, ON A CURVE. CONCAVE SOUTHEASTERLY.
HAVING A CENTRAL ANGLE OF 21054 '51 - AND A RADIUS OF 75.00
FEET. THENCE F~OM A TANGENT BEARING OF N67.DO'17-e:. RUN
NORTHEASTERLY ALONG THE ARC OF SA[D CURVE. A DISTANCE OF
28.69 FEET TO T....E POINT OF TANGENCY, THENCE RUN :"9S.SS'OS-g.
A DISTANCE OF 234.69 FEET. THENCE NOO.07'21 -g. A DISTANCE OF
120.03 FEET, THENCE IIBB-SS'08-g. A DISTANCE OF ZS4.9S FEET.
THENCE NB6.Z' 'OS-g. A DISTANCE OF 43.05 FEET TO A POINT ON
THE WEST LINE OF ....OWELL CREE~ RESERVE PHASE ONE. AS RECORDED
IN PLAT BOOK . PACES PUBLIC RECORDS OF ORANCE COUNTY.
FLORIDA. THENCE RUN THE FOLLD~ING COURSES AND DISTANCES
ALONG SAID weST LINE, THENCE S060IZ'59-g. A O[STANCE OF
120.00 FEET TO A POENT ON A CURVE. CONCAVE NORTHERLY. HAVING
A CENTRAL ANGLE OF 02.31 '36- AND A RAD[US OF 605.00 FEET.
THENCE FROU A TANCENT BEARINC OF NS3-07'01 -e. RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF
Z6.6S FEET. THENCE DEPARTING SA[O CURVE. RUN SOS-44'3S-e. A
DISTANCE OF 50.00 FEET TO A POINT ON A CURVE. CONCAVE
SOU,HEASTERLY. HAVING A CENTRAL ANGLE OF 85007'00- AND A
RADIUS OF Z5.00 FEE,. THENCE FROU A TANGENT BEAR[NG OF
NBlolS'2S-g. RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE.
A D[STANCE OF 37.43 FEET TO THE POINT OF TANGENCY. THENCE
RUN S'Z.S7'3S-E, A DISTANCE OF 16.SJ FEET TO THE POINT OF
CURVATURE OF A CURVE. CONCAVE SOUTHWESTERLY. HAVING A
CEN,RAL ANCLE OF IJ-ZZ'ZO' AND A RADIUS OF J2S.00 FEET:
THENCE RUN SOU,HEASTERLY ALONG THE ARC OF SA[D CURVE. A
OISTANCE OF 75.85 FEET TO THE POINT OF COMPOUND CURVATURE OF
A CURVE. CONCAVE WESTERLY. HAVING A CENTRAL ANGLE OF
36.,S'57- ANO A RAOIUS OF 25.00 FEET. THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SAIO CURVE. A DISTANCE OF
15.85 FEET. ,HENCE DEPARTING SAIO CURVE. RUN SSS-SS'OS-W. A
DISTANCE OF 163.S9 FEET. THENCE SDI.04'S2-e:. A OISTANCE OF
ZSO.OO FEE, TO THE POINT OF BECINNING.
CONTAINING 20.396 ACRES. ~RE OR LESS.
-- =~~ 1
bowyer-
singleton &:
.
assoaates
EXHIBIT "A"
LEGAL DESCRIPTION
Howell Creek Reserve
Phase Two
- N:OOPmATED
CDJr<SlA. TIC ~(RIC . l.>>C) SURvty..c
SolO 1. II6ACJrolOUA Avu.J( . 0fU.....~ n..~04 llaa
40'/a.4~
TUS/SBI.OOI
HCR2.LGL
. .,.,....V\.,.;.,......
EXHIBIT "Bn
-/!
. .
CO~NCE AT THE NORTHEAST CORNER OF THE SECTION B. TOWNSHIP
21 SOUTH. RANGE,I EAST. RUN SOO-24'55-E, ALONG THE EAST
LINE OF SAID SECTION B. A DISTANCE OF 205,5& FEET TO THE
NORTHERLY RIGHT-OF-NAY LINE OF THE LAKE CHARM BRANCH OF THE
SEABOARD COAST LINE RAILROAD (IDD' R/W). THENCE RUN
N54.34'57-... ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A
DISTANCE OF 293,14 FEET TO A POINT ON A CURVE. CONCAVE
SOUTHWESTERLY. HAVING A CENTRAL ANGLE OF 24.44' 10- AND A
RADIUS OF 1959.19 "'EET AND A CHORO BEARING OF N66'56'09-W.
THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURvE AND.
SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF B4S.B3 FEET"
TO THE POINT OF TANGENCY. THENCE RUN N79.18'14'W. ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 691.26 FEE. TO
THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY.
HAVING A CENTRAL ANGLE OF 11.46'38- AND A RADIUS OF 2&12.09
FEET. THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
AND SAID NORTHERLY RIGHT-OF-WAY LINE. A OISTANCE OF 53&.92
FEET TO THE POINT OF TANGENCY, THENCE RUN S88.SS'08-~. A
DISTANCE OF 1916.07 FEET. THENCE DEPARTING SAID NORTHERLY
RIGHT-OF-WAY LINE. RUN NOI.04'S2-w. A DISTANCE OF 420.00
FEET TO A POINT ON THE NORTH LINE OF HOWELL CREEK RESERVE
PHASE TWO. AS RECORDED IN PLAT BOOK PAGES
PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. SAID POINT ALSO
8EING THE POINT OF BEGINNING. THENCE RUN THE FOLLOWING
COURSES AND DISTANCES ALONG SAID NORTH LINE. THENCE
588-55.08...... A DISTANCE OF 234.69 FEET TO THE POINT OF
CURVATURE OF A CURVE. CONCAVE SOUTHERLY. HAVING A CENTRAL
ANGLE OF 21.54'51 - ANO A RADIUS OF 75.00 FEET. THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SA[D CURVE. A OISTANCE OF
28.69 FEET. THENCE DEPARTING SAIO CURVE. RUN N36.13.Sa...... A
DISTANCE OF 46.37 FEET. 7HENCE NOO.07'21"E. A DISTANCE OF
150.00 FEET. THENCE N19-51 .38...... A D[STANCE OF 58.52 FEET.
THENCE N89-52-39...... A OISTANCE OF 390.00 FEET. THENCE
SOO-07.21...... A DISTANCE OF 125.00 FEET. THENCE S89-S2'39"E.
A DISTANCE OF 50.00 FEET. THENCE 500-07'21 -W. A D[STANCE OF
Z'0.09 FEET. THENCE S8a-55.08...... A OISTANCE OF 305.84 FEET.
THENCE N71 -16.43...... A O[STANCE OF 36. II FEET. THENCE
NOO-07'ZI"E. A DISTANCE OF 150.00 FEET. THENCE N89.S2'39""".
A D[STANCE OF IZO.OO FEET. THENCE NOO-07'ZI"E. A DISTANCE OF
9.48 FEET. THENCE N89-SZ'39-". A DISTANCE OF 170.00 FEET.
THENCE NOO-07'ZI;;. A DISTANCE OF 14.28 FEET, THENCE
S89-52'39"E. A DISTANCE OF 147.99 FEET, THENCE DEPART[NG
SAID NORTH L[NE. RUN N2Z.IT'SI"E. A DISTANCE OF 38.&8 FEET.
THENCE N20.ZI' I 7;;. A 0 I ST ANCE OF 48. 10 FEET. THENCE
N29-39'40"E. A DISTANCE OF 73./5 FEET, THENCE N2&-01 '39"". A
DISTANCE OF 128.62 FEET, THENCE NOI-48'S7-e:. A DISTANCE OF
ZI.26 FEET. THENCE N70-25.12-.... A DISTANCE OF' 95.17 FEE:T.
THENCE N:37-59'02'. A DISTANCE: OF 28.2:3 FEET, THENCE
N09-54'40;o. A DISTANCE OF 68.73 FEET. THENCE NOO.Z6'27-W. A
DISTANCE OF 60.39 FEET. THENCE N8S-Z"37-e:. A DISTANCE OF
6:3.06 FEET. THENCE S41.S7'00-E. A DISTANCE OF 33.78 FEET.
THENCE SOO.30'0:3-e:. A DISTANCE OF 45.49 FEET. THENCE
526-48'1410. A DISTANCE OF 33.64 FEET. THENCE S46.22'S3-E. A
DISTANCE OF 24.87 FEET. THENCE S84-58"21 -e:. A DISTANCE O.
Z2.18 F'EET. THENCE N51.21 'S4-E. A DISTANCE OF' 32.66 FEET.
THENCE N37-46'05-e:. A D[STANCE OF 37.96 FEET. THENCE
N05-22.S........ A DISTANCE OF 20.58 FEET. THENCE N49-14'40-... A
DISTANCE OF 86.72 FEET, THENCE 589.52'3910. A DISTANCE OF
1425.S9 F'EET TO A POINT ON THE MEST LINE OF THE
AFORE~NTIONEa HOWELL CREEK RESERVE PHASE ONEs THENCE RUN
THE FOLLOWING COURSES AND DISTANCES ALONG SAID WEST LINE.
THENCE 500-07' ZI -w. A 0 I STANCE OF ZI S. 00 FEET. THENCE
N99-5Z.39...... A DISTANCE OF '5.00 FEET. THENCE SOO-07 '21 -'II. A
OISTANCE OF 316.41 FEET TO THE POINT OF BECINNINC.
CONTAINING 16.016 ACRES. ~RE OR LESS.
EXlllBIT "Bn
bowyer-
singleton &:
.
asSOC18tes
LEGAL DESCRIPTION
ICOfPORATED
HONel! Creek Reserve
Phase Three
CllNSl.l. no; ElICIOUROC ' UoIIIl Sl.II'<IOlNC
520 :s. lOAlXlJjl' 1'lO&JE ' ClRlAKlO f\.0I0IlA l280I
407~~
TUS/SB/.QO/
HCR3LGL
, . . ..".".. ,.,:.,.....~ .~~\~\t':~;~'~~~'~~HQmf(~(~(~~(,~:~~~~;~t\:~:'::~:(;(;;;,~;.:: :'::
.:".:',.:';\;'.:,:.:::::.:.'
.. .,....
I.
.'#
EXHIBIT "e"
~ ;1
LEGAL OESCRlPT.ON
A 40 FOOT DRAINAGE EASEMENT gEING 10.00 FEEr RIGHT AND LEFT OF
THE FOLLOWING OESCRIBED CENTERLINE.
CO......ENCING AT THE SOUT'iWlOST CORNER 0' LOT SO. HOWl'.LL CREEK
RESERVE PHASE ONE. AS RECOROfO ;N P~.\T SOOK 49. PAGES 10-/2.
PVBLIC RECOROS OF SEf.AINOLE COUNry. 'LO''1:0A. SAIO POINT ALSO BEING
ON THE NORTHERLY RiGHT-OF-WAY LINE O. THE LAKE CHARM BRANCH OF
SEA80ARD COAST LI.'<E RAILROAC (100' RiGI-lT-OF-WAYI, THENCE
S86055'08"'H. ALONC SAID I'1ICI-lT-O'-WAY ~:NE. A DISTANCE 0, 910.11
FEET, THENCE DEPARTiNG SAIO RICHT-m'.WAT '..INE. RUN NO/oO)'42"W. A
J;STANCE OF 6/8.S7 FEET FOR A PO;N~ OF 8EGINNINC, TH(NCE RUN
"'89052'39-W. A DISTANCE OF 410.00 eEET, THENCE N78051'13"'H. A
)iSTANCE OF 50.94 FEET. THENCE .,,890S2'39"w. A DISTANCE OF 204.1f.
FEET TO THE POINT OF TERf.A[NAr;ON. SA,O LASEMENT TERMINATING ON A
LiNE SEARING 5290)9'40"1'1 AND ON A LiNf 9EARING N29039'40"E. A
DiSTANCE OF 7.03 FEET AND THEN BEARING N26.01 ')9"1'1.
SHEET IOF I
a
..
\
tc ~
\-z. ~~ \) . q)
f~ ~ ~ : ~ ~~ ~ '6"1. C6nf~lf~ or
\:. ~ ~ : ? I 8.:: g: ~... ~ 8.~"': 40' oosemenf
\~ IS. 8 . prooosed C 0 .3 <\j' .... ~ v 0 Ci
~- : Lofl2.6 I~': ~ J: ~~ ~ a,.,J ,: ----
? \: ~ i : a,'" I ~ I
-0-.1-_ \. ~ . n . ^ <.:l
~ _ _ _N89'?O~ILz..()'06: _ . ~B"51'/J"~ : ~ . . ~ ---: .~ POI/YT OF BEGINNING
fA : ! 5(j~~'i'- L . - -I ~\.. . N89:5fJ9"~ ~f.co: - -Y ~ ~
/0 . ,~'--~I\' t> ~\ IJj 0
t\"'( proocsoo u, i ~: v ~ ~ ~ ~ tu <\j
~ /.~ \;"2 L"'IZT r ~ 'I . '"'.~ . (.) It Tract A IJj ~16
'" / V) ,,0 _ q,.. HOHELL CREEK r, j.. 'l:_
~....""J ,'" ~ ~ I II 0 ...."1 ~ '6 <\j I RESEJ?VE ~ C1llt '"
... "V) _ ~ " ,.., 8. - I) " .,. <;..::J -,
~ ~v 1> i'- " Q 8.- 00 ... 3,- L PHASE nvo ~ Q:tu~"-.;
<t 1) ~ Cia 0 Ci I, ...I ~ 0 0 - I proposed .., I.. E
1.u ~ \I) (\J Q, ~ ....J "J
.... ~~ ~ 6.'" ~ 0. li?j 5~tull
~ ... _ ~ <.:l I ~ I lJ 81110\
Q, I I() tu...
I ~ HO#ELL CREEK RESERVE PHASE THREE I;: I ~ t;;: l(
I ~ I ~ tu4.J~
",?-;, l- ~tu~
o ~ ....<l:
1 '- - t::(.)~
, ~ . It ~ja::
:L . \ ~
_ _ _ _ _ _ _ ~ _ _ _S~~5='~ ~~JI~,~~ t
NortfltYty rlgff-d-woy "".,./
S.cLRAJLflOAD rlgff-or-woy' 1/00')
'l:
HONELL CREEK RESER/E PHASE THREE
~
l.J
In
t
BE:_IN(; ~~RE: BASED ON rHE EAST UNE OF" rHE: SOUTHEAST ',I..
OF 5E:CT"1(}N ~. rQ<fIlSHIP Z5 saffH.RANGE Z6 E:AST.AS 5CXTI9'....,..",.ASSUI,/E:D.
SKETCH OF DESCRIPTION ONLY. THIS IS Nar A SURVEY.
I HEMBY CERT'IFY THAT THIS SKETCH OF
DESCRIPTION IS ACCORDIlNCE WfTH THE
'lIlNllIUll TECHNIC~'STAJlDMDS" AS REOOIRED
BY CHAl"TER 6IG."\~ F,.A.C. ....
~..\\,... '~J47'
\,.. \'; //7-:- . /it
f ,~~:-L,
SANDRA \/,.8AllEr" ,'., ~Ls. .~gr
, .
CITY OF
WINTER SPRINGS
SEAlINOLE
COaNTY
. ,I: ., ,I .. , ~ l
UNLESS 'fT BEARS. ,THE: SIGNATURE AND THE
ORtGlN~R;!tISE:D SEAL' OF A FLORIDA
UCENSED SURl/tYOI1J AND II,IPPER THIS
DRI4NING,SXEr.CH.PUT' OR )lAP IS FOR
INFORIJATION.6I.. PuRPOSES aNI.)' AND 15 NOT
VI<UD.
BoWYER
SINGLETON
&: AssOCIATES, INCORPORATED
TEMPORARY
DRAJNAGE
EASEMENT
IHCUUf.'UMC; . P-\."""'fHC . auttVI'f'INC . fHV'''ON''''NrAl
520 SOUTH MAGNOLIA AVENUE
ORLANDO. FLORIDA 32801
(407) 843-5120
EXHIBIT "C"
. 4/Z9/96
. IfE:VtsED 6/14/96
,-r
r(/$/SJC ...aJI
oe.oa::
..... -,-.-.-..-.,., '.~-:..,,~.,:.~ .
.'. -::':'::::::: .~:.;:; . .
, ,-,:~~.-~::-~~,~ .-~--~
.... ....
.... .........~.:"'. "':':.:......-:- .
........., .
. . .
.).'
i
. 101 yv'ymore Road, Suite 400, Altamonte Springs, FL 32714 . (407) 862-3000 . FAX (407) 682-7287
June 12, 1996
Mr. Mark L. Jenkins, P.E., City Engineer
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
Re: Howell Creek Reserve Phase Two
Dear Mr. Jenkins:
With regard to our discussion Monday, we have revised and enclose original Grant of
Temporary Easement for the temporary cul-de-sac in Howell Creek Reserve Phase Two.
I believe the new dimensions on Exhibit "B" will meet the City's requirements for the size
of the cul-de-sac.
Sincerely,
..f'
7~~~
Tim Lewis
Construction Manager
TL:es
Enclosure
cc: Mr. Donald R. LeBlanc, w/encIosure
Hand-delivered 6/12/96
we care about you.
.~
-.f
. 4:J
,
Prepared by: E. Scuderi
INTOMM, Inc.
101 Wymore Rd., #400
Altamonte Springs, FL 32714
GRANT OF TEMPORARY EASEMENT
TIllS GRANT OF TEMPORARY EASEMENT (the "Easement") is made this 5~
day of ,JLI";~ , 1996 by INTONfM, INC., a Delaware corporation qualified to transact
business in the State of Florida ("INTOlvfM"), whose address is 1 0 1 Wymore Road, Suite 400,
Altamonte Springs, Florida 32714, to and in favor of THE CITY OF WINTER SPRINGS, a
Florida municipal corporation (the "City"), whose address is 1126 East State Road 434, Wmter
Springs, Florida 32708, and the HOWELL CREEK RESERVE COMMUNITY
ASSOCIATION, INC., a Florida corporation not-for-profit, whose address is do Mollison
Homes of Florida, Inc., 250 Park Avenue South, Suite 300, WInter Park, Florida 32789 (the
"Association") .
WIT N E SSE T H:
WHEREAS, INTOMM is the owner of certain real property situated in Seminole
County, Florida and more particularly descnbed on Exhibit "A" attached hereto and by this
reference made a part hereof, which property is to be platted as Howell Creek Reserve Phase
Two (the "Property"); and
\VHEREAS, in connection with the platting of the Property, INTO.MM bas agreed to
construct a temporary turnaround cul-de-sac at. the northern end of Nandina Terrace, as
shown on the proposed plat of the Property, on certain real property more particularly
described on Exhibit "B" attached hereto (the "Easement Area"); and
WHEREAS, The City and the Association have requested that INT01tfM grant and
declare to the City, the Association and future owners of lots in the Property a certain non-
exclusive temporary easement for ingress and egress, police, fire protection, emergency
vehicles and service vehicles in and across the Easement Area; and
WHEREAS, INTOMM has agreed to. grant and declare said easement, subject to the
terms and conditions set forth herein; and
NOW, THEREFORE, for and in consideration of the terms hereofand other good and
valuable consideration not set forth herein, but the receipt of which is hereby acknowledged,
INTOMrv1 hereby states and declares as follows:
;; ..'
.;
"
1. Recitals. The recitals set forth hereinabove are true and correct, and are
incorporated herein by reference.
2. Grant and Declaration of Easement. Subject to the terms and conditions set
forth herein, INTO.M1vf hereby grants, conveys and declares unto the City, the Association and
future owners of lots within the Property, their successors and assigns, a temporary non-
exclusive easement for ingress and egress, police, fire protection, emergency vehicles and
service vehicles in and across the Easement Area for temporary use by the City, the
Association and owners oflots in the Property and in Howell Creek Reserve Phase One.
3. Duration. The easement herein granted shall be non-exclusive and shall
automatically terminate, without the necessity for further action or further recording of any
documents by INTOMM, the City, the Association or any owner or owners of Lots in the
Property upon completion and acceptance by the City Commission of the Plat of Howell Creek
Reserve Phase Three. The easement hereby granted, created and declared sets forth the entire
agreement among the parties and may not be changed, amended or modified except by an
instrument in vvriting, executed by INTO.M1vf, the City and the Association.
4. Incidental Rights. The easement hereby granted, created and declared includes
the creation of all incidental rights necessary for the use and enjoyment of the Easement Area
by the City, the Association and the owners of lots in the Property for its intended purposes.
The easement herein granted does not, however, constitute a dedication to the public for the
use by the public 0 f such easement or Easement Area and is reserved and restricted to the
rights set forth herein.
5. Plat of Easement Area INTOMM hereby reserves the right, at any time, to
complete the platting process for Howell Creek Reserve Phase Three and, by recording said
plat, to create a private roadway which includes the Easement A..."'ea and, upon completion and
acceptance of the plat of Howell Creek Reserve Phase Three by the City, this Easement shall
automatically terminate, and neither the City, the Association or the owners of lots within the
Property shall have any filrther rights hereunder. Upon request by INTOM:M, the City, the
Association and any owners of lots in the Property agree to execute such documents as may be
required or necessary, if any, to allow for the recording of the plat and to evidence the
termination of this Easement.
2
;.
j
'.
,#
6. Governing Laws and Severability. This Easement shall be governed, construed
and enforced in accordance with the laws of the State of Florida. If any provision of this
Easement is hereafter expressly declared by a court of proper jurisdiction to be invalid or
unenforceable, then such provision shall be canceled and severed from this Easement and the
other provisions of this Easement sba11 continue in full force and effect.
7. Binding Effect. With or without specific reference thereto, the conveyance of
an interest in any portion of the Easement Area or the Property shall be subject to the
respective burdens and benefits 0 f the easement hereby created and granted to the same extent
as if all of the terms of this instrument were set forth in such conveyance in full
IN WITNESS WHEREOF, INTOM:M has executed this Grant of Temporary
Easement in manner and form sufficient to bind it as of the day and year first above written.
Signed, sealed. and delivered.
in the presence 0 f:
~ . //& .
, ~A~../..J J:' -' ' (;r71if/~J
. . t Narrie:-D/'(y,e K .~~fl1w-J
~~1'1. ~-/~L,(~j
.pfffit Name: (5 u~'hd L ~J,()/)
INTOIv1M, Inc., a
qualified to do
STATE OF FLORIDA
COUNTY OF SEMINOLE
. The foregoing Grant of Temporary Easement was acknowledged before me this
S~ dayof:rL,/ K' , 1996 by BURTON A BINES, as President of INTON11vf, INC.,
a Delaware corporation authorized to transact business in the State of Florida, on behalf of the
corporation.. He is personally known to me.
-(;~rJ /L~
Eleanor Scuderi Notary Public
State of Florida
:\.r?'Y p(;~" CFPiCiAL ;;'-:;:ARV SEAL I
o ,.(.... CLEA~OR SCUDERI !
~ ~~ j c; COMMISSION NUMBER f
~ ~ ~ cC479a80 ;
Y1- <f' MY CO"lflill8910N EXP, .
OFf\.O AUG, 1,~i'~,..
3
. <.i'
EXHIBIT n A n
COMMENCE AT THE NORTHEAST CORNER OF SECTION a. TOWNSHIP ZI
SOUTH RANGE )1 EAST. RUN SOO-2~055-e. ALONG THE EAST LINE OF
SAIO SECTION a. A DISTANCE OF 205.56 FEET TO THE NORTHERLY
RIGHT-OF-WAY LINE OF THE LAKE CHAR~ BRANCH OF THE SEABOARD
COAST LINE RAILROAD (100' R/WI. THENCE RUN N5~.)~'57-W.
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 29).14
FEET TO A POINT ON A CURVE. CONCAVE SOUTHWESTERLY. HAVING A
CENTRAL ANGLE OF Z4-44'10. AND A RAOIUS OF 1959.19 FEET ANO
A CHORD BEARING OF N66-56'09-W. THENCE RUN NORTHWESTERLY
ALONG.THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY
LINE. A DISTANCE OF a~5.S3 FEET TO THE POINT OF TANGENCY,
THENCE RUN N790IS'14-W. ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE. A OISTANCE OF 69' .26 FEET TO THE POINT OF CURVATURE OF
A CURVE. CONCAVE SOUTHWESTERLY. HAVING A CENTRAL ANGLE OF
1'-46')8- ANO A RADIUS DF Z61Z.09 FEET. THENCE RUN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE. AND SAID
NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 536.92 FEET TD
THE POINT OF TANGENCY. THENCE RUN S88055 '08 "VI. A DISTANCE E
OF 1702.15 FEET TO THE SOUTHWEST CDRNER OF HOWELL CREEK
RESERVE PHASE ONE AS RECORDED IN PLAT BOOK . PAGES
. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. FOR A POINT OF
BEGINNING, THENCE DEPARTING SAID HOWELL CREEK RESERVE PHASE
ONE. CONTINUE S88055'08...". ALONG SAIO NORTHERLY RIGHT-OF-WAY
LINE. A DISTANCE OF 1622.38 FEET, THENCE DEPARTING SAID
NORTHERLY RIGHT-OF-WAY LINE. RUN NOs032'08-E. A DISTANCE OF
8.62 FEET, THENCE NI3059'07-~. A OISTANCE OF 30.S9 FEET.
THENCE N69-Z0'07-W. A DISTANCE OF 35.87 FEET. THENCE
N8703)'58-W. A DISTANCE OF 60.07 FEET: THENCE N28030'49-W. A
DISTANCE OF 3Z.95 FEET. THENCE N)4.38'Z7-W. A DISTANCE DF
)4.05 FEET, THENCE S880l1 ..7...... A DISTANCE OF 35.02 FEET.
THENCE N6'-00.Z8...... A OISTANCE OF S).52 FEET. THENCE
N2..440Z4-E. A DISTANCE OF 100.2D FEET, THENCE NII-2a'18-E.
A DISTANCE OF 56.15 FEET. THENCE NDI"10')7-E. A DISTANCE OF
44.66 FEET. THENCE N4,00S'08-e. A DISTANCE DF S6.18 FEET.
THENCE N5S03)'4S-e.' A DISTANCE OF 41.72 FEET, THENCE
NZ)OZ9'DZ-e. A DISTANCE OF 44.SZ FEET. THENCE N42"1"D2-E. A
DISTANCE OF '3.S0 FEET. THENCE N22"17'SI -E. A DISTANCE OF
3:1.2S FEET. THENCE S89"S2'39-e. A DISTANCE OF 147.99 FEET,
THENCE SOO"07'21 -W. A DISTANCE OF 1~.2S FEET, THENCE
S89-52'39-e. A DISTANCE OF 170.00 FEET. THENCE SOO"07'ZI-W.
A DISTANCE OF 9.~8 FEET: THENCE S89"S2'39-e. A DISTANCE OF
120.00 FEET. THENCE SOO"07'21 -w. A DISTANCE OF 150.00 FEET,
THENCE S7IOI5'~)-e. A DISTANCE OF 36.11 FEET, THENCE
."
N88"S5'08-E. A DISTANCE OF )OS.8~ FEET, THENCE NOO"07'21 "E.
A DISTANCE OF Z30.09 FEET. THENCE N89"5Z'39-W. A DISTANCE OF
50.00 FEET. THENCE NOO"07'21 .~. A DISTANCE OF 125.00 FEET.
THENCE S89"S2')9-E. A DISTANCE OF )90.00 FEET, THENCE
SI9"51')80:. A DISTANCE DF 58.52 FEET, THENCE SOO"07'ZI...". A
DISTANCE OF 15D.00 FEET, THENCE 536"1)'580:. A DISTANCE DF
~6.37 FEET TO A POINT ON A CURVE. CONCAVE SOUTHEASTERLY.
HAVING A CENTRAL ANGLE OF 21"54'51 - AND A RADIUS OF 75.00
FEET. THENCE FROM A TANGENT 8EARING OF N67"DO'17"E. RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE DF
28.69 FEET TO THE POINT OF TANGENCY. THENCE RUN N88"S5'08"E.
A DISTANCE OF 234.69 FEET. THENCE NOO"07021 "E. A DISTANCE OF
120.03 FEET. THENCE N88"SS'D8-E. A DISTANCE OF 254095 FEET.
THENCE N860Z1 'OS-e. A DISTANCE OF ~)o'S FEET TO A POINT ON
THE WEST LINE OF HOWELL CREEK RESERVE PHASE ONE. AS RECORDED
IN PLAT BOOK . PAGES PUBLIC RECOROS OF ORANGE COUNTY.
FLORIDA: THENCE RUN THE FOLLOWING COURSES AND DISTANCES
ALONG SAID WEST LINE: TI<ENCE S06"12'59"E. A DISTANCE OF
120.00 FEET TO A POINT ON A CURVE. CONCAVE NORTHERLY. HAVING
A CENTRAL ANGLE OF 02"310)6- AND A RADIUS OF 605.00 FEET.
THENCE FROM A TANGENT BEARINC OF N8)"~7'01 -E. RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF
26.68 FEET. THENCE DEPARTING SAID CURVE.-RUN S08"44'35-E. A
DISTANCE OF 50.00 FEET TO A POINT ON A CURVE. CONCAVE
SOUTHEASTERLY. HAVING A CENTRAL ANGLE OF a5"~7'00- AND A
RADIUS DF 25.00 FEET, THENCE FROM A TANGENT BEARING OF
N81"IS'Z5-E.. RUN SOUTHEASTERLY ALONG THE ARC DF SAID CURVE.
A DISTANCE OF 37_43 FEET TO THE POINT OF TANGENCY, THENCE
RUN SIZ"57'3S-E. A DISTANCE OF 16.53 FEET TO THE POINT OF
CURVATURE OF A CURVE. CONCAVE SOUTHWESTERLY. HAVING A
CENTRAL ANGLE OF 1)-22'ZO. AND A RADIUS OF )25.00 FEET.
THENCE RUN SOUTHEASTERLY ALDNG THE ARC OF SAID CURVE. A
DISTANCE OF 7S.85 FEET TO THE POINT OF CO~OUND CURVATURE OF
A CURvE. CONC.WE WESTERLY. HAV I NG A CENTRAL ANGLE OF
35"IS'S7- AND A RAOIUS OF 25.00 FEET. THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF
15.85 FEET. THENCE DEPARTING SAIO CURVE. RUN S88"55'08...". A
DISTANCE OF 153.59 FEET. THENCE SO'"04'5~". A DISTANCE OF
250.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 20.)96 ACRES. ~RE OR LESS.
bowyer-
singleton &
.
assoaates
ICORPORA leD
LEGAL DESCRIPTION
HOW'el I Creek Reserve
Phase Two
C'OHSU. rN; EHCINEEftIHC ~ l..NCl ~I..JRVEY"-C
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Beorlnq structure Dosed on the East lIne of the Southeast '14
of Section 23. TON'nsh/p 25 South. Ronqe 26 East. os SC<719' 44W. ossu~N 111996
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
I HEREtfY CERTIFY THAT THIS' '5KCTCH OF
OE'5CRlPTlON IS IN .ACCORDANCE NrrH THE
',VINII.IUI,/ TECHNICN <;CANOAROS- AS REOJIREO
BY CH.APrER 51c,rr.6 F.A1:.
~~. /~~/' '/'-;'
. //P~
, ,;' . .,
SANDRA V.BAlL...ry
P LS. "-fiT Z
UNLESS rr BEARS THE SIGNATURE NiD THE
ORIGINAl.. RAlS"ED '5€AL 01'- A Ft.J)R/OA LiCENSED
SUfNEYOR AI'ID I,/AI'f'ER THIS DRMING. SXCTCH.
PLAT OR JJAI' IS FOR INFORlJATlOIOL PURPOSES
ONU' AND IS NOT V /VD.
bowyer-
singleton &:
associates
NXJU"CJIATED
<XlN<U. TN; [HCN:t1llNC . ~ SUOVETlOOC
~lO I. ~ M(JIU: . 0fI\..JIMJ0 P'\.o.oA 31801
4071114.)-&120
EXlllBIT "B" - Page 1 of 2
CITY OF
WINTER SPRINGS
SEMINOLE
COUNTY
TEMPORARY
CUL-DE -SIC
EASEMENT
Howell Creek Reserve Phase Two
(proposed)
OJ/IZ/96
06//1/96 rfNl$'t1d
P7'
TUSISKJfX)I
HCRz.D(X
-----------------------------------------
.:;.
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LIl
, LOWNDES
DROSDICK
DOSTER
KANTOR &
REED, P.A.
Attorneys at Law
Ernen R. Dr05dick
(19J6-1982)
Jame, Ballecu
Matt E. Beal
WiJli~m A. Beckett
WiIIi.m R. Bird. Jr.
Matthew G. Brenner
Dale A. Burket
Ch:1r!c:s C. Curington
W. Michael Clifford
W. Terry Conolo
J:anct M. Courtney
William E. Do'ter
William T. Dymond, Jr.
Rich>rd J. Fild",
Board of County Commissioners
of Seminole County, Florida
1101 East First Street
Sanford, Florida 32771
Minnd2 F. Fitzgerald
Thom:u E. F~:ancu
Julia L. Frey
Louu Frey, Jr.
Barry L. Goff
A2ron J. Goroviu
Linda C. Hankim
Jam'" F. Heekin. Jr.
Robert F. Higgim
Lonn A. Johmon
Gary M. IUleiu
Hal H. Kantor
J:lmes G. IUttelm:ann
Jo,eph G. Kern
Jo,eph A. LIne
Harry W. uwrcncc
June 6, 1996
R. Kim bar k Lee
John F. Lownd",
Timothy J. Manor
Daniel F. McInto,h
H. Gregory McNeill
D2Vid E. Peterson
T. Todd Pittenger
Nichol:u A. Pope
Shawn G. R.:ider
Morey R.:ii,kin
John A. Reed, Jr.
Mich:ilel RY2n
Margaret H. Schreiber
Cleatou, J. Simrnom
Gary R. Sol..
J.m'" M. Spoon hour
Scott C. Thomp,on
Br>dford D. Wen
Juli:1n E. Whitehurst
David G. Williford
Jon C. Yergler
Terry C. Young
IUthi W. Borkholder
C:uey M. C.vanaugh
Glinton R. D:uicn, Jr.
, George J. or>mi,
Darrell D. G.rvey
James J. Hoctor
Natalie A. Jackvony
Peter L. Lopez
Amy S. Lownd..
Re: Plat of Howell Creek Phase Two. - Real Property described on Exhibit
" A II attached hereto
Dear Commissioners:
Keith M:anzi
Bryan T. McCully
John G. Morris
P.trick K. Rinka
Mark D. ScimCC.:1
T. Au.stin Simmom
Wendy L. Spitler
Christopher P. TeJsitorc
J:un.. S. To,,,,no
John T. Wecuch. Jr.
IUren A. William,
Of Coumel:
Mich.el V. Ebberry
Ter..a B. Finer
In connection with the proposed plat of Howell Creek Phase Two, this law firm has undertaken
on behalf of INTOMM, Inc. to have the title to the real property which is more particularly described
on Exhibit "A" attached hereto (hereinafter referred to as the "Real Property") examined by First
American Title Insurance Company from the earliest Public Records of Seminole County, Florida up
to and including May 23, 1996 at 5:00 p.m. Based upon such examination, and in accordance with
Florida Statutes Section 177.041 (1993) and Winter Springs Code Section 9-75(c), we herewith advise
you that the fee simple title to the Real Property shown on the plat is vested in INTOMM, Inc., a
Delaware corporation, which is the same entity named in the dedication set forth on the face of said
Plat. Furthermore, the Property is subject to the following mortgages of record:
(a) That certain Mortgage and Security Agreement executed by INTOMM, Inc. to and in
favor of First Union National Bank of Florida dated September 9, 1993 and recorded on
September 13, 1993 in Official Records Book 2645, Page 1677 of the Public Records of
Seminole County, Florida; as amended by that certain Notice of Future Advance and
First Modification of Note and Mortgage dated December 19, 1994 and recorded on
December 23, 1994 in Official Records Book 2863, Page 0042 of the Public Records of
Seminole County, Florida; and
(b) That certain Second Mortgage and Security Agreement executed by INTOMi\1, Inc. dated
December 19, 1994 and recorded December 23, 1994 in Official Records Book 2863,
Page 0068 of the Public Records of Seminole County, Florida;
and the following liens and encumbrances:
215 NORTH EOLA DRIVE · POST OFFICE BOX 2809. ORLANDO. FLORIDA 32802
TELEPHONE 407.843-4600 · FAX 407-423-4495
MEMBER OF COMMERCIAL LAW AFFILIATES WI1l! INDEPENDENT OFFICES IN PRINCIPAL CITIES WORLDWIDE
:r
., ~.
Board of County Commissioners
of Seminole County, Florida
June 6, 1996
Page 2
(a) Ad valorem real property taxes and assessments for the year 1996 and thereafter,
taxes and assessments not shown as existing liens by the public records, and taxes
and assessments levied or assessed subsequent to the date hereof.
(b) Terms and Conditions of the following: (a) Final Order Approving Settlement
Agreement and Amendment to Annexation Ordinance No. 64, Tuscawilla Planned
Unit Development, Master Plan for the Tuscawilla Planned Unit Development and
Related Matters recorded November 26, 1990 in Official Records Book 2243,
Page 1508; (b) Ordinance No. 489 issued by the City of Winter Springs on July
23, 1990 and recorded March 25, 1991 in Official Records Book 2277, Page 464;
(c) Settlement Agreement and Amendment to Annexation Ordinance No. 64, The
Tuscawilla Planned Unit Development, Master Plan for the Tuscawilla Planned
Unit Development and Related Matters recorded March 25, 1991 in Official
Records Book 2277, Page 469; all recorded among the Public Records of
Seminole County, Florida.
(c) Memorandum of Post Closing Survival Agreement executed by and between
Robert A. Yeager, Trustee and INTOMM, Inc. dated September 9, 1993 and
recorded September 13, 1993 in Official Records Book 2645, Page 1665 of the
Public Records of Seminole County, Florida, as amended by that certain First
Amendment to Post-Closing Survival Agreement recorded May 1, 1995 in
Official Records Book 2909, Page 1668 of the Public Records of Seminole
County, Florida.
(d) That certain Conservation Easement executed by INTOMM, Inc. to and in favor
of St. Johns River Water Management District dated December 13, 1994 and
recorded on December 23, 1994 in Official Records Book 2863, Page 0050 of the
Public Records of Seminole County, Florida.
(e) Memorandum of Contract executed by and between INTOMM, Inc. and George
Wimpey of Florida, Inc. dated April 24, 1995 and recorded May 1, 1995 in
Official Records Book 2909, Page 1687 of the Public Records of Seminole
County, Florida.
(t) Cable Television Installation and Service Agreement - Direct Entry executed
between Time Warner Cable - Florida Division, Time Warner Entertainment -
Advance/Newhouse Partnership and Morrison Homes on behalf of Howell Creek
~
":.. ..:..
Board of County Commissioners
of Seminole County, Florida
June 6, 1996
Page 3
Reserve Homeowners Association dated September 7, 1995 and recorded
November 6, 1995 in Official Records Book 2989, Page 729 of the Public
Records of Seminole County, Florida.
We also certify that as of the date hereof ad valorem real property taxes through the year 1995
are paid in full and ad valorem real property taxes for the year 1996 are not yet due and owing.
Furthermore, the legal description set forth on the plat correctly describes the Real Property as depicted
thereon.
This opinion is rendered solely for your use and benefit in connection with the platting of the
Real Property as Howell Creek Reserve Phase Two and according]y, is not to be used, published,
quoted or relied upon by any other party in connection with any other transaction with our prior written
consent.
If we may be of any further assistance with respect to this matter, please do not hesitate to
contact the undersigned.
Very truly yours,
JGK/ab
Enclosure
CK, DOSTER, KANTOR & REED,
2 I0544\BALEVRAM
~
/
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434 _~
WINTER SPRINGS, FLORi6A-32708-2799
Telephone (407) 327-1800
May 17, 1996
TO:
Land Management Specialist,
Donald LeBlanc
FROM:
City Engineer, ~~~
Mark L. Jen-kins, P.E. - V
SUBJECT: Proposed Plat for Howell Creek Reserve Phase Two.
The subject plat was received on May 2, 1996 and a review
found it to be in general conformance to the approved engineering
plans. No deficiencies noted.
If you have any questions, please let me know.
cc: City Manager
Utility Director
Building Offici~J
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CITY.OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 4~4 .
WINTER SPRINGS. FLORIDA 3p08-2199
Telephone (407) 327-1800"
M a. y 1 5 " 1 9 9 6
TO:
Land Ma~a.gement Specialist,
Donald c"eSlan.:
E'ROM:
City
Ma.r-k
Engineer,
. - l'
L. JenK1nS,
/Yv/4/
/:r----
P.c. f
SU3JECT:
::o'..Iell Cr-eek Reser-ve ?hase 2
Maintenance Bond.
Constr-uction Costs ror-
I am l.n receipt of the Engineer- 's Cer-ti fication or
letter dated I>.?r-il 30, 1995, fo1:" the Maintenance Bond on
items conveyed to the City. (copy attached)
Cost,
those
his
pr-oviding
estimate 1S 5140,435.75 and the developer
a Letter-of-Cr-edit for 514,043.8 (10 ~ercent).
will
be
I accept this amount as an accurate total of cost.
If you have any questions, please let me know.
attachment: englneer s letter 4-30-96
cc: City Manager
utility Director-
~
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, "
April 30, 1996
:= "~ :.; 1 '\: .:; _
File No. TUS1
- .:.. ',.. ~..:
- .
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I
Mr. Mark Jenkins, P .E.
City Engineer
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Subject:
Howell Creek Reserve Phase 2
Construction Costs for Maintenance Bond
Dear Mr. Jenkins:
The following list represents our opinion of the cost of improvements at Howell Creek Reserve, Phase 2,
to be owned and maintained by the City of Winter Springs. A portion of the gravity sewer main, the lift
station and force main in Phase 2 were previously constructed and included in Phase 1 construction
costs.
1.
2.
3.
Sanitary Sewer ......................................$
Potable Water .......................:...............
Reuse................................................... .
59,272.00
45,920.00
35.243.75
Total...................................................... $ 140,435.75
Maintenance letter of credit amount @ 10%
$ 14,043.58
If you have any questions or need additional information, please contact our office.
~~cz
Remardo MSi3ve, P.E.
Director of Land Development Services
Florida Registration No. 31588
jeMus1/hc-p2/ccc
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Enclosures
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:;:.T'( EN G L ~ Ef~
,;..or I SOUTH MAGNOLIA AVE. . P.O. 80X 2769 . ORLANOO. FL 32802-2769 . (407) 843-5120 . FAX (407) 649-8664
May 13, 1996
TO:
FROM:
RE:
WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT
110 NORTH FLAMINGO AVENUE
WINTER SPRINGS, FLORIDA 32708'
Telephone (407) 327-2669
Fax (407) 327-0942
Don LeBlanc, Land Management Specialist
Kipton Lockcuff, P.E., Utility Director JIf/
Howell Creek Reserve Phase Two Preliminary Plat
I have reviewed the preliminary plat dated April 23, 1996 and have no objections to said plat.
File
;.
lVIEMORANDUM
;.
TO:
Don LeBlanc, Land Management Specialist
Don W. Houck, Building Official 0 ~
FROM:
RE:
Howell Creek Reserve Phase II Plat
DATE:
May 2, 1996
No further comments.
DWH:alll
D WHJlandrnanal003 9
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CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE R.oAD 434 _
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
January 18, 1996
TO:
Land Management Specialist,
Donald LeBlanc
FROM:
City Engineer,
Mark L. Jenkins,
/Pv; ~
P.E. ~
SUBJECT: Howell Creek Reserve Phase 2 (aka Tuscawi 11 a 15)
Construction Costs for Performance Letter-of-Credit.
I am in receipt of the engineer's 1 et ter dated January 4,
1996, which estimates the cost of (l)the complete Pond 22 outfall
system and (2)the temporary cul-de-sac between Phase 2 and 3, at
$31,004.00 (thirty one thousand and four dollars) total for the two
items.
I accept this estimate of costs for the proposed Performance
Letter-of-Credit.
Items #1 and #2 will need to be .installed at the end of 8
(eight) months, if Phase 3 construction has not started by then.
The Letter-of-Credit shall allow the City to use the full amount
for construction of items #1 and #2, if the developer fails to
begin P!:1ase 3 wi thin 8 (eight) months,: . If Phas e 3 canst ructi on
commences prior to 8 (eight) months, the cul-de-sac needs not be
constructed but the contractor will need to install the pond
outfall system during his normal infrastructure installation for
that location.
The Letter-of-Credit should be worded to expire at the time
the City Commission accepts Phase 3 and not before.
If you have any questions, please let me know.
attachment: engineer's letter of 1-4-96
cc: City Manager (no attachment)
Utility Director (no attachment)
~
-; .
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January 4, 1996
=NGIN==i'lING
;::J~AN."\JING
SUHVe:Yt,'\JG
File No. TUS1
Mr. Mark L. Jenkins, P.E., City Engineer
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Subject:
Howell Creek Reserve Phase 2 Cul-de-sac,
Stonn Pipe in Phase 3
Dear Mark:
The following list represents the total cost to complete the Pond 22 outfall system for Phase 3 and the.
total cost for a temporary cul-de-sac for Phase 2, should it be necessary. The storm drainage cost
shown below includes a complete drainage outfall system to replace the temporary swale. This includes
drainage structures D63, 64, 65, 66 and appropriate reinforced concrete piping, as depicted in our
engineering plans.
1. Pond 22 outfall system complete ..................... $26,004.00
2. Temporary cul-de-sac...................................... $ 5,000.00
Total.......... .......................................... ........... $ 31 ,004.00
These costs are based on current unit prices bid by Conway Contracting for work presently being
perfonned for the owner,INTOMM/FRC.
Please contact our office if you have any questions or need f~rther information.
Reinardo Malave, P.E.
Director of Land Development Services
Florida Registration No. 31588
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TUS1ITUS13fXJ\)
JAI~ 1 2 1995
~;ri
OF V.J.N I ER SPRI~"
~ITY ENGINEER
. .-:
SOUTH MAGNOLIA AVE. · P.O. SOX 2769 . ORLANOO. FL 32802.2769 . (407] 843.5120 . FAX (407] 649-8664
/.~l~' (N .
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~rRST UNION NATrONAL BANK Of FLOQluA
I R R Elf 0 CAB L EST A N [] 8 '{ U: T '1' E: R 0 F' CR f: 0 1 'J'
J' Ul'l E 0 3. 1 LJ f) c.~
C.~I[J.'-t OF WIt-fIrER SPHI.t.--iCS
J.l 25 E. S 'I' A 'I' r:: ,lW AD -i ': .1
WINTER seRINCS. fL 32703
LETTER OF CR~DIT NO.
S53.~~.155
GENTLE!'!EN:
WE HEREBY OPEN OUP. IR!?E'/OCl\ELE STANDBY LETTER OF CREDIT IN YOUR
FAVOR. FOR THE ACCOUNT OF TNTOMM. INC., 101 WYMORE RD, SUITE
400. ALTAMONTE SPRINGS. FLORIDA 32714 IN THE AGGREGATE OF:
tfSD31 .004. .00 UNlTEn STATE~':; DOLLiH~:;-; (THIRTY ONE: THOUSAND fOUg
00/1(0) AVAILABLE RY PAYMENT 0]:' YOUR ORAFTC:;;) ..!\T SIGUT DRl\WN ON
O[n~:7ELVE~ WHEN .l\CCOMP.I\NIED BY THE FOLLO~HNG lJOCUMENT(S),
A WRITTEN STATEMENT. PURPOnTEDLY SIGNED 8Y THE BOARD OF CITY
CGMMI~SIONERS OF THE CITY OF WINTER SPRINGS AS FOLLOWS,
QUO'~'E "I (WE) HEREBY CERTIFY Tf-WT HOI.fELL CRJ~:EK l?SSSRVE PHl~:';.r::
THREE CON~'J'RUCTIO~J H.l\.~ NOT COMME;'JCl'::D \..fITrnN ElGin' C~) M0NTHS
F'ROM THE O,J:\TE OF ACCEPTP.NCE OF.' HO\.fEf,r., CREEK Rr'::SERVE PHl\SE 'nm
AND TI-fSnEBY DRAFT ON THI;., LETTER OF CREDtT." UNQUOTE
ALL Bl\NJ<ING CHARGES OTHER 'l'UAN OURS ?d!': FOR 8F.Nt:F'IC!i~RY' S
,". ceo ONT .
DRAF'TCS) DR.'\\-!N UNDER THIS CREDIT MU::;T STATP. ON THELR FA~;E "DRAWN
UNOER FIRST UNION NAT!ONAL BANK OF FLORIDA IRREVOCABLE STANDBY
LET'rEF! OF' CREDIT !'iUMBER SS34-1S6 O,l\TED JUNE 3, 1'396."
WE HPHPRY AGREE WITH YOU THAT OR^FTCS) DRAWN UNDER AND IN
C011PLIANCE WITH THE TERMS AND CONDITIONS OF 'rHIS CREDIT SHALL B.S
DUSY HONORED IF PRESENTED TOGETHER WITH DOCUMENT(S) AS SPECIFIED
AND THE ORIGINAL OF THIS CREDIT. AT OUR OFfICE LOCATED AT 200
SOUTH BTSC1\Yt-fE BOULEVARD, 12TH FLOOR. !'!U;MI. FLORIDA 33131 FL
50~2 ATTN: IHTERNATJONAL SUPPORT SERVICES. ON OR BEFORE MARCH 1.
1997.
EXCEPT AS OTHERWISE EXPRESSLY STATED HERRIN. THIS LETTER OF
CREDIT IS SeiBJE' TO THE UNIFORM CUSTOMS AND PRACTICE :'OR
DOCUMENTARY CRE. T'. :'. EST1\BLTSHED BY THE INTEnNl\TIO!'Jl~L CHAMBER
OF COMMERCE. AS I~ EFFECT ON THE DATE OF ISSUANCE OF THIS CREDIT.
SIN C F-~ P. E L Y .
OF FLORIDA
~ .
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SUBDrvISION A1'ID SITE PLA1'I
MAINTENA1'ICE BOND FOR WATER. SEWER AND RECLATh1ED WATER FACILITIES
KNOW ALL J\ffiN BY TIIESE PRESENTS:
That we, INTOi\1M. Inc. dba Florida Residential Communities , a Delaware
Corporation authorized to conduct business in the State of Florida , whose address is 101
Wymore Road. Suite 400. Altamonte Springs. Florida 32714 , hereinafter referred to as
"PRINCIPAL", and Great American Insurance Company, whose address is 580 Walnut Street,
Cinncinnati, Ohio, 45202, hereinafter referred to as "SURETY", are held and firmly bound unto The
City of Winter Springs, a political subdivision of the State of Florida, whose address is 1126 East
State Road 434. Winter Springs. Florida 32708, hereinafter referred to as the "CITY", in the sum of
FOURTEEN THOUSA1'ID FORTY-THREE AND 58/100 DOLLARS ($14,043.58) for the payment
of which we bind ourselves and our heirs, executors, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, PRINCIPAL has constructed certain improvements, including water, sewer and
reclaimed water facilities and other appurtenances in that certain subdivision described as HOWELL
CREEK RESERVE PHASE TWO , a plat of which is recorded in Plat Book _, Pages through
Public Records of Seminole County , Florida; and
WHEREAS, the aforesaid improvements were made pursuant to certain plans and
specifications dated November 28. 1994 , and filed with the "CITY"; and
WHEREAS, PRINCIPAL is obligated to protect the "CITY" against any defects resulting
from faulty materials or workmanship of said improvements and to maintain said improvements for a
period of two (2) years from , 19
NOW, TIIEREFORE, the condition of this obligation is such that if PRINCIPAL shall
promptly and faithfully protect the "CITY" against any defects resulting from faulty materials or
workmanship of the aforesaid improvements and maintain said improvements for a period of two (2)
years from , 19 , then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
The "CITY" shall notify the PRINCIPAL in writing of any defect for which the PRINCIPAL is
responsible and shall specify in said notice a reasonable period of time within which PRINCIPAL shall
have to correct said defect.
The SURETY unconditionally covenants and agrees that if the PRINCIPAL fails to perform,
within the time specified, the SURETY, upon thirty (30) days written notice from the "CITY', or its
authorized agent or officer, of the default will forthwith correct such defect or defects and pay the cost
thereof, including, but not limited to, engineering, legal and contingent cost. Should the SURETY fail
or refuse to correct said defects, the "CITY', in view of the public interest, health, safety, welfare and
factors involved, and the consideration in approving and filing the said plat, shall have the right to
resort to any and all legal remedies against the PRINCIPAL and SURETY and either, both at law and
in equity, including specifically, specific performance to which the PRINCIPAL and SURETY
unconditionally agree.
-,
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" .:j
The PRINCIPAL and SURETY further jointly and severally agree that the "CITY", at its
option, shall have the right to correct said defects resulting from faulty materials or workmanship, or,
pursuant to public advertisement and receipt of bids, cause to be corrected any defects or said defects
in case the PRINCIPAL shall fail or refuse to do so, and in the event the "CITY" should exercise and
give effect to such right, the PRINCIPAL and the SURETY shall be jointly and severally obligated
hereunder to reimburse the "CITY' the total cost thereof, including, but not limited to, engineering,
legal and contingent cost, together with any damages either direct or consequent which may be
sustained on account of the failure of the PRINCIPAL to correct said defects.
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have executed these presents
this 13 day of June , 19~.
Address:
101 Wymore Road, Suite 400
Altamonte Springs, FL 32714
By:
ATTEST:
Address:
580 Walnut Street
Cincinnati, OR 45202
By:
INTOi\IfM. Inc. dba Florida Residential Communities.
a Delaware Co oration SEAL)
AL
Its: President
p
~LJ~
Eleanor Scuderi I
Its: Secretary
Great American Insurance Company
~s~
Donald B. Boone, ~sed Resident Agent and
Attomey-in- Fact
(SEAL)
ATTEST: '\~~.." ~u_'"".. C~"""'---~
Trenace Diane Clement
';-
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,. ~.
<rtF.t\T t\NE~ INSURANCE COMAWV~
580 WALNUT STREET. CINCINNATI, OHIO 45202.513-369-5000. FAX 513-723-2740
POWER OF ATTORNEY
The number of persons authorized by this power of attorney is not more than
THREE
No.O
15903
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required
by the Department of Transportation, State of Florida, incident to the release of retained percentages and/ or final estimates; provided that the
liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated
below. .
Name
Address
Limit of Power
JOHN F. WA'ISON, JR.
C .0. MCBRYDE
DONAW B. BCONE
ALL OF
ORLANOO, FLORIDA
ALL
UNLIMITED
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 7th day of September ,19 95
Attest GREAT AMERICAN INSURANCE COMPANY
ST ATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 7th day of September, 1995 , before me personally appeared GARY T. DUNBAR, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority
of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOL VED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond.
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICA TION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this I 3
day of J "0..
, 19 'i/..
511578 (9/93) (FLORIDA)
::~
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. Prepared by and Return to:
Geoffrey D. Withers
Graham, Clark, Jones, Pratt & Marks
P.O. Drawer 1690
Winter Park, Florida 32790
THIRD SUPPLEMENTAL DECLARATION TO
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION, INC.
THIS THIRD SUPPLEMENTAL DECLARATION is entered into this _ day of
. 1996 by MORRISON HOMES OF FLORIDA, INC., a Florida Corporation and
by INTOMM, INC., a Delaware corporation qualified to transact business in Florida.
WIT N E SSE T H:
WHEREAS, INTOMM, INC. created that certain Declaration of Conditions, Covenants,
Easements and Restrictions for Howell Creek Reserve Community Association, Inc. dated April
4, 1995, recorded April 25, 1995 in official Records Book 2907, Page 1556 of the Public Records
of Seminole County, Florida (the "Declaration") concerning certain real property located in
Seminole County, Florida; and
WHEREAS, INTOMM, INC. did assign its rights as Declarant under the Declaration to
GEORGE WIMPEY OF FLORIDA, INC., a Florida Corporation, under that certain Assignment
of Declarant's Rights Under Declaration of Covenants, Conditions and Restrictions for Howell
Creek Reserve Community Association, Inc. dated April 27, 1995, which assignment remains in
full force and effect; and
WHEREAS, GEORGE WIMPEY OF FLORIDA, INC. did change its name to
MORRISON HOMES OF FLORIDA, INC. (hereinafter "Declarant") as evidenced by that certain
certificate from the Florida Secretary of State dated July 13, 1995, and recorded in Official
Records Book 2954, Page 71, Public Records of Seminole County, Florida; and
WHEREAS, the Declaration reserves the right unto the Declarant, from time to time, in
its discretion, to cause additional lands to be subjected to the jurisdiction of the Declaration; and
WHEREAS, INTOMM, INC. (hereinafter the "Owner") is now the owner of certain real
property situate in Seminole County, Florida, more particularly described as follows, to wit:
All of HOWELL CREEK RESERVE PHASE TWO according to the Plat
thereof recorded in Plat Book _' Page _ Public Records of
Seminole County, Florida
(the "Additional Property"); and
WHEREAS, Declarant and Owner, pursuant to the proVISIOns of Article II of the
Declaration, wish to extend the scheme of the Declaration to the Additional Property. \
NOW, THEREFORE, Declarant and Owner agree that the above recitals are true and
correct and hereby declare that the Additional Property shall be held, sold and conveyed subject
to the Declaration which is for the purpose of protecting the value and desirability of the
Additional Property and which shall run with such land and shall be binding on all parties having
any right, title or interest in the Properties (to include the Additional Property), as defined in the
Declaration, their heirs, successors and assigns, and shall inure to the benefit of each owner
thereof.
-,,' ~.
.' I'
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c;' ~ -o.-i
IN WITNESS WHEREOF, Declarant and Owner have executed this instrument effective
as of the day and year first above written.
Witnesses:
DECLARANT:
MORRISON HOMES OF FLORIDA, INC.,
a Florida corporatio~
\,~
By: ~~
Douglas F. Eshelman,
Land Resources Manager
"'~ /)"l 'Cf\~ Q,W.'<L~
Print Name: Ll ~tt A ,II-{lllfj)
~~~ t_",,~
Print Nam' ~M'-./ l\""'\~l'\I.J
(CORPORATE SEAL)
Address: 250 Park Avenue, South, Suite 300'
Winter Park, Florida 32189
Wit~
Yrlnt Name: S<k5 LewIs
By:
.~ ~/-'<~
Print Name: tf L ~4r1()f\ ,,<j('(.A i)~ fl/
(CORPORATE SEAL)
Address: 101 Wymore Road, Suite 400
Altamonte Springs, Florida 32714
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 1- day of
J L.I (tL.. , 1996, by Douglas F. Eshelman, as Land Resources Manager of
MORRISON HOMES OF FLORIDA, INC., a Florida corporation, on behalf of the corporation.
He is p~onally known to f!le or has produced as identification.
~~~-
Print Name: ...Jay.J> 'Vo'" w~rrJ~
NOTARY PUBLJfit;tr~" JOY D. VON WERDER
St f FI 'd :t/':@.\.~ tIN COMMISSION 1/ CC430158 EXPIRES
ate 0 on a ~~:.~&t April 21. 1999
MY COMMISSIONr.,f!kp~~RuTROVFAJN'NSURANCE.,NC.
STATE OF FLORIDA
COUNTY OF ..sPfi7i/}(}!-<--
The foregoing instrument was acknowledged before me this (0 day of
JI/NL: ,1996, by Burton A. Bines, as President of INTOMM, INC. a Delaware
corporation qualified to transact business in
personally known to me.or has produced
Florida, on behalf of the corporation. He is
\
as identifkatiou.
;I~~~
int Name: .0,'0.,,(" --e .-:BouJfl1""1
NOTARY PUBLIC
State of Florida at Large
MY COMMISSION EXPI
~\lY Pu~ OFFICIAL NOTARY Sl:AL
0' _ ('.... DIANE R BOWMAN
I () COMMISSION NUMBER
0456806
MY COMMISSION I!XOI,
MA Y 23 Hl90
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HOWELL CREEK RESERVE PI-IASE TWO
SECTION 5 . TOWNSHIP 21 SOUl~. RANGE 31 EAS'f.
CflY OF WINlJYt SPRINGS. SEMINOLE COUN1.Y. FLORIDA
SHEET IOF :J
LEG~ DESCRIPTION
COMM~NC~ AT TH~ NORTH~AST CORN~R OF S~CTION 0, TOWNSHIP 21
SOUTH RANG~ 31 ~AST, RUN SOO-24'55N~, ALONG TH~ ~AST LIN~ OF
SAID S~CTION 0, 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/W), THENCE RUN N54-34'51MW,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 293.14
FE~T TO A POINT ON A CURV~, CONCAV~ SOUTHWESTERLY, HAVING A
C~NTRAL ANGL~ OF 24-44'10M AND A RADIUS OF 1959.19 FE~T AND
A CHORD B~ARING OF N66-56'09NW, THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 045.03 FEET TO THE POINT OF TANGENCY,
THENCE RUN N"r9-10'14NW, ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 691.26 FEET TO THE POINT OF CURVATURE OF
A CURV~, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF
11-46'J8N AND A RADIUS OF 2612.09 FEET, THENCE RUN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID
NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 536.92 FEET TO
THE POINT OF TANGENCY, THENCE RUN SSS-55'00NW, A DISTANCE E
OF 1 r02. 15 FEET TO THE SOUTHWEST CORNER OF HOWELL C.~EEK
RESERVE PHASE ONE AS RECORDED IN PLAT BOOK 49, PAGES 10-12,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, FOR A POINT OF
B~GINNING, THENC~ DEPARTING SAID HOWELL CREEK RESERVE PHASE
ONE, CONTINUE SOS-55'08NW, ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 1622.3S FEET, THENCE DEPARTING SAID
NORTHERLY RIGHT-OF-WAY LINE, RUN N05-32'00NE, A DISTANCE OF
0.62 FEET, THENC~ N13-59'01NW, A DISTANCE OF 30.09 FEET,
THENCE N69-20'01MW, A DISTANCE OF 35.01 FEET, THENCE
N07-33'50NW, A DISTANCE OF 60.07 FEET, THENCE N2S-JO'49NW, A
DISTANCE OF 32.95 FEET, THENCE N34-30'27NW, A DISTANCE OF
34.05 FEET, THENCE SOO-11'47NW, A DISTANCE OF 35.02 FEET,
THENCE N61-00'20NW, A DISTANCE OF 53.52 FEET, THENCE
Nl4-44'24NE, A DISTANCE OF 100.20 FEET, THENCE N11-20'10NE,
A DISTANCE OF 66.16 FEET, THENCE N01-10'31NE, A DISTANCE OF
44.66 FEET, THENCE N44-00"00ME, A DISTANCE OF 56.19 FE~T,
THENCE N55-33'45NE, A DISTANCE OF 41.12 FEET, THENCE
N23-29'02NE, A DISTANCE OF 44.52 FEET, THENCE N42-14'02NE, A
DISTANCE OF 43.50 FEET, THENC~ N22-17'51NE, A DISTANCE OF
34.20 FEET, THENCE S09-52'39ME, A DISTANCE OF 147.99 FEET,
THENCE SOO-07'21NW, A DISTANCE OF 14.20 FEET, THENC~
S09-52'39NE, A DISTANCE OF 170.00 FEET~ THENCE SOO-07'21MW,
A DISTANCE OF 9.48 FEET, THENCE SB9-52'39ME, A DISTANCE OF
120.00 FEET, THENCE sOO-0'r'21NW, A DISTANCE OF 150.00 FEET,
THENCE S71-16'43NE, A DISTANCE OF 36.11 FEET, THENCE
NOO-55'OaNE, A DISTANCE OF 305.04 FEET, THENCE NOO-07'21ME,
A DISTANCE OF 230.09 FEET, THENCE N09-S2'39MW, A DISTANCE OF
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50.00 FEET, THENCE NOO-01'21"E, A DISTANCE OF 125.00 FEET,
THENCE S09-52'39NE, A DISTANCE OF 390.00 FEET, THENCE
S19-51'30NE, A DISTANCE OF 58.52 FEET, THENCE SOO-01'21MW, A
DISTANCE OF 150.00 FEET, THENCE S36-13'50ME, A DISTANCE OF
46.31 FEET TO A POINT ON A CURVE, CONCAVE SOUTHEASTERLY,
HAVING A CENTRAL ANGL~ OF 21-54'51M AND A RADIUS OF 15.00
FEET, THENC~ FROM A TANG~NT B~ARING OF N61-00'11ME, RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
28.69 FEET TO THE POINT OF TANGENCY, THENCE RUN N8B-55'OBNE,
A DISTANCE OF 234.69 FEET, THENCE NOO-01'21NE, A DISTANCE OF
120.03 FEET, THENCE N88-S5'00NE, A DISTANCE OF 254.95 FEET,
THENCE N86-21'05"E, A DISTANCE OF 43.45 FEET TO A POINT ON
THE W~ST LIN~ OF HOWELL CREEK RESERVE PHAS~ ON~, AS R~CORD~D
IN PLAT aOOK 49, PAGES 10-12, PUBLIC RECORDS OF SEMINOL~
COUK~YJ FLORIDA, THENCE RUN THE FOLLOWING COURSES AND
DISTANCES ALONG SAID WEST LINE, THENCE S06-12'59NE, A
DISTANCE OF 120.vO FEET TO A POINT ON A CURVE, CONCAVE
NORTHERLY, HAVING A CENTRAL ANGLE OF 02-31'36N AND A RADIUS
OF 605.00 F~E~, THENC~ FROM A TANGENT BEARING OF
N03-41'01"E, RUN NORTHEASTERLY ALONG THE ARC OF SAID CURV~,
A DISTANCE OF 26.6a FEET, THENCE DEPARTING SAID CURVE, RUN
SOB-44'35"E, A DISTANCE OF 50.00 FEET TO A POINT ON A CURVE,
CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 85-41'00N
AND A RADIUS OF 25.00 FEET, THENCE FROM A TANGENT BEARING OF
N81-15'25"E, RUN SOUTHEASTERLY ALONG TH~ ARC OF SAID CURVE,
A DISTANCE OF 31.43 FEET TO THE POINT OF TANG~NCY, THENC~
RUN S12"57'J5NE, A DISTANCE OF 16.53 FEET TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A
CENTRAL ANGLE OF 1J-22'20M AND A RADIUS OF 325.00 FEET,
THENCE RUN SOUTHEA~TERLY ALONU THE ARC OF SAID CURVE, A
DISTANCE OF 15.05 FEET TO THE POINT OF COMPOUND CURVATURE OF
A CURVE, CONCAVE WESTERLY, HAVING A CENTRAL ANGLE OF
36-10'57- AND A RADIUS OF 25.00 FE~T, THENC~ RUN
SOUTHWESTERlf ALONG THE ARC OF SAID CURVE, A DISTANCE OF
15.B5 FEET, THENCE DEPARTING SAID CURVE, RUN saO-55'oaNW, A
DISTANCE OF 163.69 FEET, THENC~ S01-04'52NE, A DISTANCE OF
250.00 FEET TO THE POINT OF BEGINNING
250.00 FEET TO THE POINT OF BEGINNING.04'52ME, A DISTANCE OF
CONTAlNING 20.396 ACRES, MOR~ OR LESS.
NOTICE: THERE UIV' BE ADDrTlON~ RESTRICTIONS THAT ARE NOT RECORDED
ON TillS PLAr THAT ).,lAY BE FOUND IN THE PUBUC RECORDS OF rillS COUlfrY.
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OUILDING SErBICJ(S
FRONT 200'
REM 2.00'
SIDE 5U
SIDE
CORNER 20U
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sn~ LOCAl10N
,NCO'--'~Ot'l:""" !:D
5.20 s. 'AAt.~t-40\..iA A.'v l.NW€
O~LAND':,) FLO;.1l[tO,A.,. 31.80'
(.07) ..'-8',ZO
JOINDER AND CONSENT TO DEDICATION
Tt-,e undersl<;jr,ed hereby certifies that It Is tr,e holder of 0
[iJ.)rtQo<;je, lien or other encurbronce upon the obove described
prc~erty, and thot the undersloned hereby joins in ond consents to
tr,e dedication of the lands described above by the owner thereof,
and O<;lrees thot Its rn:rtQo<;e, lien or other encuwbronce, \I/t1Jch Is
recordod in Official Records Book 2545, PO<;le 1577and OffIcial Records
Book 28&3, PO<;le &8 of H,e Public Records of Seminole County, Florida,
shal I be subordinated to the above dedication.
FIRST lJ.~ION N/.&.J;IONAL BANK OF FL.ORIDA l
~.IJ. t1t! -" I~,) ~,
. U .." /"' ~ ,1, \. ," ,f:"., ~ I",
By... .l),U~. e. . ,'..... )1'. r~~ '(~:'" .-'./~~ ...~.~ ....)...
"on 't'd 1 ""1'" In th, "'''~'i:5' . . (, I -
r:~. .(jJrr.::. ~J...~~.:. .-.'.. .~"':(l.jj, ';;'~"~i'~'::-:- :(t*l.J,~.I,~.()
If 1 t nass WI i ness
,
Stoie of F l>("kd<;J II _
County of U:.1Jt'!.'r~~
.'n J.I
1he fore~oTn'J Instrument '0'013 o~nCl!led<;jed befor:~ rT"3 this ....<...~doy
of ... (t.,tr"'....... 1 '1'1' by . .r'n/~~(;l'.... C(.:, ."f,'.ra:~-:{l,:<.,
He Is personally known to ne ond did not toke on oalh.
/ r) V: C~ {ii: ~
Notary PublIc. .l....j{t. t........ .,.U.~.....
. -;J(;tl:P;-./?'.,. (1f.9(f.0..... (pr'l nt norre)
My Cool111ssTon Expires. .r.r)f}f?rt. ):S.~..l~Q:~
COnmlsslon NO.C;h.....~~.7~.1~.
PLAT
BOOK
PAGE
HONELL CREEK RESERlE PHASE 1WO
DEDICATION
KNOWN ALL MEN BY THESE PRESENTS, Thot the Corporation nomed
below, belno the owner In fee simple of ihe londs described
In the foreQolno coption to thIs plot, hereby dedIcates sold
londs and plot for the uses ond purposes therein expressed
ond dedicates the eoserr~nts and Tract B (11ft stotlon)
shown hereon for the purposes thereIn expressed. IN W(lNESS
WHEREOF, sold Corporotlon hos caused these presents
to be sIgned ond attested to by the offTcers nomed below and,
Its ca"poroie seal to be lHI)(ed ~ereto onl1J~Y_},"':11-!<}1"
INTOMM, 1N'C..1 ,
1 l' ( ""
~ ;\~ ;"A-. . /'~ t-y"""
By 1 6~,,{1o~r-A.-~,.:r~S"1'~--~ ~ -"I 1>;.(~ r
A t test I__(;(~~~~~~-<::-L....&-~
!;,,~/WC~ $C ~\])~ ~ \
"
S I oned ond sea I ad II) the presence of:
rlr /~/
'"f(.,..J,"~<6"/ -~_~L.
7~~~~~-:::---:~~'7,~:---
---~[(5-~--l[~~~~-------------
S TAl E OF I ~b..Q_~l~a:_ COUNTY OF I ~:i\HlC{OJ,_-_~_
THIS IS 10 CERTIFY, Thot onlA.J~''-1..:'#_L1.11','- before me, on
officer duly authorized to taka acknowled~errants In th~ Stote
ond County aforesold, personally opJeored~YK\"_C:_N.._f-2~'--
~Lr{'i~_______________ and c:U~H.~~_~~_t.!~_~
respect I va I y__:::~_____ Pres I dent and ~~~~~_T~_~':'(_______
of the obove nonud corporation, Incorporated under the 10.5
Of the State of Delo~re ,whO did not toke on ooth ond who ore
per sono I I Y kno....... by me to be t he I nd I v I duo I S and of fleer s
described Tn and \I/t1o executed the foregoing Dedication and
severally ocknowled\led the execution thereof to be their free
oct ond deed as such officers thereunto duly oulhorlzedl thot
the offiCial seal of said corporol,on Is duly affixed
theretol and thot the sold Dedl~Jtlon Is the oct and deed of
sold corporat Ion. IN WllNESS WHEREOF, I hove hereunto set rrry
hO~/ ar;d seal on the /jbOve ~..t~.. .' ... '" c.'.f.
.>_ '..11~'iL"'.Lt:_~~~'t(tA,r' ~.":,'i~. ,.
N? ARY PUBL IC '(,\,,';:{J. ~b6\)l.H'
My Conrnlsslon EXPlres:;i'L~"{~J11-_--_- '.".;>.'.t:-/ ,
CKKID1CATE OF SURVEYOR
KNOW~ ALL MEN BY THESE PRESEN1S, Thot the undersl\lned, balnQ
o licensed and raj,stered land surveyor, does rlereby certify
that on 5.//~ I 96 he coop I ated ihe sun ey of He
lands os s,{o~ In it-,e :reooin'J Dlot or pion, thot said plot
is 0 correct representotl(.('\ of the lands thereir, descr";ecJ
ond plotted or subdivided; thot permanent ref'3r;::,ca
rronur.onis hove been ploced os shown thereon u rc:1ujrJd by
Chopter 177, Florida Statutes; and thot sold I~I~ Is loc:ted
In Seminole County, FlorIda.
Doled: -$U2f?--C7L"fL'J--r--
Slgnoture: ~&tv4~-i11.:.--4t.t' ' . ...j4~ I
Fla. ReQ. ,~/. ,__ .._ __
CERTIFICATE OF APPROVAL
BY MLTNlCJPALllY
T~IS IS 10 CERTIFY, Thot on the foreQolng plot 'tIOS
ODproved by the Winter SprlnQs City Counci I of Seminole
County, Florida.
,
Mo~or
Attestl-----------------------
C r ty C I er k
CERTIFICATE OF APPROVAL
CI RRI( OF 11IE CIICUlr COUllT
I HEREBY CERTIFY, Thot I hove examined tha fore<;joinQ plat and
find thot It cooplles In formwllh 011 the requlrer:Qnts of
Chopter 177, Florldo Statutes, and 'tICS fl led for record on
_ _ _ _ _ _ _ _" at _ _ _ _ _ _ _ _ . F II e No._ _ _ _ _ _ _ _ .
C I ark of the C Ircul t Court
In and for Seminole County, Florldo
BYI_____________________________JD.C.
MAY 3 11SB13
FOR'" -4S
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HOWElL CREEK RESERVE PHASE lWO
SECTION 5 . TOWNSHIP 21 SOUI1I. RANGE 31 EAST.
CflY OF WINTER SPRINGS. SEMINOLE COUNIY. FLORIDA
NanCE, TIIERE ),IIV' BE NJDfnON.6L REsrRICTIONS THAT ARE Nor RECORDED
ON TillS PLAT THAT AlAY BE FOUND IN THE PU8lJC RECORDS OF TillS COUNTY.
DETNL
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UTrLlTY EASEMENT -~a'~>5'~8'E
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Tract C
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POB
-----------------------------------------------------------------
---------------------------------------------------------------------------------------
S.CL. f?NU~OAD RIGHT-oF.WAY (100')
bo\yycr-
singleton&
associates
'~~COI"t;~c.I'IlA" ~o
~20 s. f,AA(;.NQUA A\f II ."u~
O~LANOO ~LO~IO", 321101
("01") 8"3-~'ZO
1 O.
12.
NOTES
PLAT
BOOK
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POINT OF
COMMENCEMENT
NORTlfEAST CORNER
OF SECTION 8-21-31
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NORTliERLY RIGIiT-OF WAY UNE OF TIfE LN<E ClfNW
I3RA^lCI1 OF TIlE SENXJARD WAST UNE RNlROAD
, .
2.
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4.
5.
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[] DEN [] T ESP . r~ . M. (4 X <1 C. M. ) P. L . S. NO. .3 4 2 1 .
o DE.NOTES P.C.P. P.L.S. NO. .3421.
- DEN 0 T E S C H AN C E I N D I I~ E C r [ 0 N NOT P E I~ MAN E N T L Y S T A KED.
f~ AD. - D [ NO f [S I~ ^ D I ^ L L [ ,'" E S .
N.rL - DENOTES NDN"f~AD[AL LINES.
11 F M~ I N G S T Rue T LJ R F I S 13 AS F f) D NTH F F AS T I I ~ F eFT H F SF: 1 /4
OF S E C. 2.3. 25 -. 26, 13 E I N G SO O. 1 ') , 4 4 UN , AS S U ME D .
N D r ICE: T Ii F I~ E MAY 13 E ADD [ T [ 0 N ^ L f~ E S Tf~ leT I G N S T HAT ^ r~ E NOT
RECOI~DED DN THIS ['LAT THAT MAY I3E FOUND II'< THE PUI3LIC I~E-
COI~DS OF T H'r S COUNTY.
A 10' UT [L I TY EASEMEN r IS I1ESEIWED ON ALL LOTS ADJACENT TO
r~IGHT-DF-"'AY l_ INES, UNLESS DrHEf~~ISE NOTED.
A 'J' UTll.ITY EASEMENT IS RESERVED ALONG ALL SIDE LOT LINES
U N l_ E S SOT H E I~~ [ S E MJ TED.
T r~ ACT D I S F OI~ CON S E R V A T ION AND ISH E f~ E B Y D E D [ CAT E D
TO AND TO llE MAINTAINED I3Y THE HO.....ELL Cf~EEK r~ESErWE COMMUNITY
ASSOCIATION, INC. NO CONSTRUCTION, CLEARING, OR ALTERATION OF
THIS Tf~ACT IS ALLO'NED UNLESS APPI~OVED I3Y CITY OF 'NINTEr~ SPI~INGS,
FLrJlnDA AND/ur~ UTHER M'PLICAI3l.E JUrnSDICTIONAL AGEI'<CY. DEVELOPMENT
RIGHfS ARE DEDICATED ~O CITY OF NINTEI~ SPI~[NGS, FLornDA.
TRACTS A A C ARE FOR RETENTION AI'<D ARE DEDICATED TO AI'<D TO BE MAINTAINED
TRACT E SHO'''N ON THE PLAT IS NOT DEDICATED FOf1 PUBLIC USE,
OUT IS RESERVED, RESTRICTED AND DEDICATED FOR ACCESS, POLICE,
F If~E PI~DTECT [UN, EMEr~GENCY VEHICLES, SEf~VICE VEHICLES
AND OTHER AUTHor~ITIES OF LA"', AND UTILITY USE BY
THE DEDICATOf~ AND THE O,^NEr~s, THEIR SUCCESsor~s
A~D ASSIGNS CF LOTS IN SUClj OTHER SUI3DIVISIONS AS
A f1 E 0 EVE LOP E 0 B Y THE DE D I CAT 0 f~ INS U B S E QUE N T PH A S E S .
A DRAINAGE EASEMENT OVER Tf1ACT~ A, C AND D IS DEDICATED
TO THE CITY OF WINTER SPRINGS.
r .
[3.
140
9.
'1.
Oy Tile liu'NC:"'L CnE[~< r~ESEnVE CC~v',MLJNIiY ASSCCI,\TrO~~, I~~C.
Tf1ACT 13 IS FUR A LIFT STATIUN AND IS DEDICATED TO AND "'ILL BE
MAINTAINED I3Y THE CITY OF 'NJNTEf1 spr~INGS, FLor~IDA.
l.E.GEIID
P B.. PLAT /XXI(
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NR . iKJII R AlJI AL
RNJ.' RXXAL
IVMY 3 1199G
FORM -4S
TUSIPPTS.oOI
-~ -------------------------------
HOWElL CREEK RESERVE PHASE lWO
SEaflON 5 . TOWNSHIP 21 SOUflI. RANGE 31 EAST.
Gl1Y OF WINTER SPRINGS. SEMINOLE COUNlY, FLORIDA
PLAT
BOOK
PAGE
SHEET :J OF 3
NOTICE: THERE MIV' BE ADOfTlONAL RESrRICTlONS THAT ME Nar RECORDED
ON THIS PLAT THAT MAY BE FOUND IN TilE PUBliC RECORDS OF THIS COUNTY.
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CURVE RADIU5 LENGTH TANCENT CHORD 8EARlNG DELTA
Cl 6115.~<')' B2,83' 4U8' B2,77' N62'II1'12'E 07'50'40'
C2 75.~II' 2861' 14.52' 28.51' 577'57'42"" 21"54'51'
C3 63".i'0' 84.;;:5' 42.11' 84.18' 585'05'17"\1 07' 31' 4)'
C4 6"'5.i'II' 26.68' 13,34' 26.68' N8Z' 31'[3'[ az'31')6'
C5 5",i'''' 78.54' 50."11' 7<1,71' NO'55''''8'E 0i/l'I1l<l''''0'
C6 Sill. i'll' 78.54' 51'1.i'II' 70,71' 50'55'08'\1 ~ill'iIl0'''0'
C7 25.ill' 37,0' 23.22' 34.<'13' 5':.>5'51'115'[ 85'47'11l0'
C8 125 ill' 198,98' 127.55' 178.62' 545'28'40'E 11'12'[3'
C9 325."11' 75.85' 38.lll' 75,68' 506 'l6' 25'[ 13'22'20'
C10 25i0' 15.85' 8211' 15.58' 518'34'14'\1 36'18'57'
Cll 25.0"0' 111.51' 5.33' Ii". 3' NI3' II 7' 2'1'\1 24' "'5' [3:
CI2 25.i"'" 19.77' 111,43' 19.26' N47'49'2)"" 45'~8'36'
C13 lEd."d' 15.58' 7.8d' IS.58' 515'30' 2&'E 05'57'iIl8'
Cl4 25"'0' 37.43' 23.22' 34.113' N55"51'05'\I 85'47'''0'
CIS 655."'11' 8 7 .51' 43.86' 87.52' N8'S-II5'17'E 117'39'4)'
C16 25."'11' 39.27' 25."0' 35.3&' 50'55''''8'''' 00'''1'1'''0'
CI7 25..11' 3927' 25."11' 35,)6' N45'II4'52'\I oll'''0'~II'
Cl8 75."11' 89.12' 5oil,61' 83,17' 532'51'42'\1 68''''5'119'
Cl'1 25.<'<1' 3927' 25.<,il' 35.36' 543'55'08'\1 00'''0'''0'
C211 25.ill' 3028' 17.31' 28,46' 535'46'47'[ 59'23'4'1'
C21 511n!' 227.29' 2611'27'07'
cn 25.i'0' 15.67' 8.10' 15.41' 519'dl?'/lJ'E 35'54'21'
C23 25i'o!l' 1207' 6.15' '11.'l5' . 583'17'06'\1 Z 7'3'1' 38'
C24 75.i'II' 25,48' 12.86' 25.36' N79'!l'12'E 1'l'27'51'
C25 25.i0' . 39.27' 25."11' 35,36' NO'55'II8'E 00'~0'~II'
C26 4S."0' liJ5.32' 106,28' 82.88' N3o!l'II3'Sl'E 134'''6''''8'
C27 1~0' 61.7 3' 31.31' 6I30' 530'16'25'E 2)' 34 '5il'
C28 25."'0' 4.82' 2,4"2' 4.8Z' N04'26'41'E 11'03' 18'
e29 325."'11' . 15.85' 38.1d' 75.&8' N~6'16'25"" 13'22'211' ,
C311 6"'5.i0' 811.'10' 411.51' 80.84' N85'05'17'[ 117'31'4)'
C31 i'S0.i'" Z38.77' 153.18' 2l4.35' $45' 28' 45'E '11'IZ'13'
C32 [i!0.i'o!l' 159.18' li/12.12' 1 42.''lt1I' 54S' 28' 4o;,'E 91'12'[3'
C33 75.i<,)' !l7,81' 15.iIlII' 106.07' 50'55'08'\1 0<')'.:i0'11l0'
C34 45."0' 22.05' 1125' lL83' N83'II4'44'E 28'i'l4'2I'
C35 45."0' 31.44' 16,31' 3~80' Nl~5grza"" 4 0'01'31'
45.i0' 25,33' 13.01' 25.~0' Nl'l'0T57'E R1?:n:
C37 45.ill' 26,51' 13.65' 261Z' N5Z'I0' 115'[ 33' 44':,&'
C38 l511.iIlII' 313' 1.56' 3.13' N81" 311'5'1'[ 01'11'42'
C31 150.~'" 25.03' lZ.54' 25."'0' 561'37'116'[ "1'33'37'
C411 1511.<'0' 38.68' 11,45' 38.51' 5n'27'iH'E 14' 45' 28'
C41 15~iIlo!l' 6L4'1' 31.18' 61.~6' 578'1I8'32.E 23'21'l<;'
C4Z 15ill. ill II , 33.13' 1663' 33.~6' 5""6'12'1<;'E IZ'31'13'
CO €"'5i'II' 5422' 27.13' 54..21' N86'21'1I5'E ~5'~8'II7'
C44 555.~II' 27.85' 13,'13' 27,85' ~18"42'.J3'E il2'Z6'l0'
C45 655.ill' 51.74' 2'1.81' 59,72' N8 3 "52'IZ'[ 115'13' ))'
C46 511.ill' Z0.211' l".Z4' 20,116' 5111'36',H'E 23'08'5'1'
C47 511.i0' 25.27' IZ,91' 25 ' 00-----SZ 7'31'l&'[ 2cJ"5 7' 2&'
C48 5o!l"0' 6967' 41.83' 5417' N]d'3)'47'\I 71'4'1'49'
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[511 511,00' 42.72' 22.76' 41,0' 5&6'36'26'E 4S'%'5)'
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N61.~W20'W 53.52-!----/
508"11' 4 -/'W 35.~2'
N34.38'27IW 34.~5'
N20.30' 491W 32. Q6' ~ 35.(]
N87.33'50'W 6~.~7' /'
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,
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NOTES
r.
[] DEN 0 T ESP . r~ , M , (4 X 4 C, M,) P, L . S , NO, 3 4 2 1 ,
o DENOTES P.C,P, P.L.S. NO, 34Z1.
- DEN 0 T E S C H A N G E [N D IRE C T ION NOT P E rUM N E N T L Y S T A KED,
RAD, - DENOTES RADIAL LINES.
N,r~, - DENOTES NGN-r~ADIAL LINES.
BEARING STf~UCTLI~E IS BASED ON THE fAST L[NE OF THE SE 1/4
OF SEC. 23-25-26, BEING SOO. '3'44H~, ASSUMED.
NOTICE: THERE MAY BE ADDITIONAL r~ESTr~ICT[ONS THAT ARE NOT
r~Ecor~DED ON TH IS PLAT THAT MAY BE FOUND [N THE PUBL IC r~E-
cor~DS OF TH I S COUN TY.
A 10' UTII.[TY EASEMENT IS r~ESEr~VED ON ALL LOTS ADJACENT TO
I~IGHT-OF-NAY LINES, UNLESS OTHEr~NISE NOTED.
A 5' UTILITY EASEMENT IS RESERVED ALONG ALL SIDE LOT LINES
UNLESS OTHEr~NISE NOTED.
TRACT D IS FOR CONSERVATION AND IS HEREBY DEDICATED
TO AND TO BE MAINTAINED 13Y THE HO.~EI_L cr~EEK r~ESERVE COMMUNIn
ASSOC1ATION, INC. NO CONSTRUCTION, CLEAR[NG, OR ALTERATION OF
T HIS T r~ ACT I S ALL ON E DUN L E S SAP P r~ 0 V E D B Y C I T Y 0 FN I N T E r~ SP r~ I 1\ G S ,
FUJI~IDA AND/OI~ OTHEr~ APPLICABLE JUI~ISDICTIONAL AGENCY, DEVELOPMENT
r~IGHTS Af~E DEDICATED TO CITY OFNINTEI~ spr~INGS, FLOHIDA.
TI~ACrS A &. C APE ror~ r~ETENTION AND Af~E DEDICATED TO AND TO BE MAINTAINED
BY THE HONEL.L cr~EEK I~ESEf~VE COMMUNITY ASSOCIATION, INC.
TRACT B [S FOR A LIFT STATION AND 1S DEDICATED TO AND WILL BE
MAlNTAINlD BY THE C[ Y OF NINTEI~ SPI~INGS, FLOI~l[)A,
13,
TRACT E SHOWN ON THE PLAT IS NOT DEDICATED FOf~ PUBL IC USE,
BUT IS RESERVED, RESTRICTED AND DEDICATED FOR ACCESS, POLICE,
FIRE PROTECTION, EMERGENCY VEHICLES, SERVICE VEHICLES
AND OTHER AUTHORITIES OF LAW, AND UTILITY USE BY
THE DED I CA TOR AND THE OWNERS, THE I R SUCCESSORS
AND ASSIGNS OF LOTS IN SUCH OTHER SUBDIVISIONS AS
ARE DEVELOPED BY THE DEDICATOR IN SUBSEQUENT PHASES,
A DRAINAGE EASEMENT OVER TRACTS A, C AND D IS DEDICATED
TO THE CITY OF WINTER SPRINGS,
, .
Z.
3.
4.
5.
6,
8,
14 .
'3.
10.
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single!on&
aSSOcIates
11.
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("07) s".3-a,ZO
, 2,
r'vlA y ~~ 1 m96
FOR" 4S
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