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HomeMy WebLinkAbout1992 03 09 Regular . Joseph Charles Bozik Registered Professional Engineer March 9, 1991 MASTER PLANNING BUILDING EVALUATION COST ESTIMATING INFORMATION SYSTEMS CENTRAl UTILITIES EDUCATIONAL SEMINARS CONSTRUCTION MANAGEMENT AUTOMATED MAINTENANCE PROGRAMS Mr. Mbdi Khemlani, President TusGawilla Homeowners Association 605 Morgan Street Winter Springs, FL 32708 Dear Mr. Khemlani: As a resident of Tuscawilla, and also as a Registered Professional Enginee~ I believe it to be my ethical duty to present in writing a most serious con- sideration regarding the effects of two borrow pits proposed for Parcel l4C and ParcellS of the Tuscawilla area. . Due to limited areas which are available, it is necessary for this proposed project that excessively deep excavations be made. These excavations will pierce the upper water aquifer which supplies drinking water to many local unincorporated areas A connection from the surface to the water supply, therefore1can have serious implications upon the safety to life for inhabitants of the area. This proposed connection may be within the bounds of regulations but does not change the fact of created hazard which should be carefully avoided. Water supply is important. For the proposed borrow pit installations, by action of the City Board of Adjustment on Thursday, March 5 Ja most serious hazard has been permitted by approving connections of surface drainage holding ponds to the proposed water holding system of the pits. In my opinion, as a Professional Engineer of 40 years experience, this connection will introduce water soluble contaminents- some of which have high probability of being toxic chemical materials. No control can be exerted over the adjacent residents use of toxic chemicals for their own purposes, orthese materials which can be introduced from the commercial areas adjacentJand in the nearby areas just outside Tuscawilla. It should be shown in the Public Record that this matter of possible contamination has been raised at a Public Meeting. In my opinion, the hazards greatly out-- weigh any possible benefits to the Winter Springs area The shallow water aquifer is believed also to be connected to the deep water aquifer serving Central Florida. This question of hazard was raised at the March 5 meeting. The Builders Representative stated that all contaminents would be filtered before surface water would be admitted to the borrow pits. No objection to this statement was raised by the City Representatives. I therefore wish to state however, as eNAllONAL COUNCIL OF ENGINEEANG EXAMINERS SECRET CLEARANCE - U.S. GOVEAIIMENT STATES OF REGISTRATION: INOlANA GEORGIA FLORIDA NORTH CAROLINA SOUTH CAROLINA VIRGINIA PENNSYLVANIA OHIO TENNESSEE . . . Page 2 Mr. Modi Khemlani, President Tuscawilla Homeowners Association a Registered Professional Engineer in 9 States, that the water-soluble conta- minents, which can be toxic, will ll2! be removed by proposed methods. For the record, it is also my opinion that any connections to the drinking water supply from drainage of ResidentllialjCommercial properties thereby provide unnecessary hazard to inhabitants. I therefore respectfully request that creation of wet -bottom borrow pits be not permitted in the Tuscawilla area. This material should be taken from unoccupied areas such as farm lands, not a high density development. Respectfully submitted Joseph C. Bozik, PE National Council of Engineering Examiners #4323 ( ./ ~ ~ . . . Euro American Investors Group 715 Ferncreek Avenue Orlando, FL 32803 March 3, 1992 Thomas F. Lang, Esquire Honigan, Miller, Schwartz & Cohn 390 N. Orange Ave., suite 1300 Orlando, FL 32801 RE: Springs Lands Lease with City of winter Springs re Wagner's Curve Dear Mr. Lang: As you are aware, I am the general partner of springs Land Investments, Ltd.. Our property has been significantly impacted as a result of the proposed taking by the Department of Transportation for the Wagner's Curve improvements. In this regard we have also been working with the City of winter Springs in resolving our mutual concerns with respect to interim access and land use issues. As a result of these negotiations, we have agreed to lease certain properties at no cost to the City of Winter Springs subject to our right to, after one year, require the City to purchase the property leased by eminent domain, or failing the City's timely prosecution of an eminent domain proceeding, to file an inverse condemnation proceeding. Please be advised that the sole purpose for this option is to insure a satisfactory resolution of the land use issues that remain between the City of winter springs and us. If and when these land use issues are satisfactorily resolved, we will formally waive our right to exercise the eminent domain option. In the event that the land use issues remain unresolved and the eminent domain option is exercised by springs Land Investments, it is understood that the price to be paid will be based on the value of the property as of the date the lease is executed adjusted for time at the rate of plus one percent per month. In the event the eminent domain option is exercised and the property is acquired by the City of winter Springs in accordance wi th the above and subsequently the permanent improvements to Wagner's Curve presently contemplated by the Department of Transportation are completed and open, then, upon restoration of the property that is the subject matter of the leases in accordance with the terms thereof, the City of winter Springs will sell and Springs Land Investments will purchase back the property acquired at the value ascribed to the part taken in the eminent domain proceedings. .", . /-- // ,/ . . . Thomas F. Lang, Esquire March 3, 1992 Page Two This prov1s10n is not intended by either party to be an indication of the fair market value of the property covered by the leases after the taking by the state of Florida Department of Transportation. I trust the foregoing meets with your client's consent, but if not please advise me or my attorney, J. Christy Wilson, III, at your earliest convenience so that we may discuss the matter further. sincerely, ~ ~Iwd-'" Keen . JCW/jc LEASE . THIS AGREEMENT made this 3 ~ day of 0.A ftrU-4-/-- 1992, by and between SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership, as Lessor, and the CITY OF WINTER SPRINGS, FLORIDA, and/or assigns, as Lessee: WIT N E SSE T H: WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, is engaged in the construction of Central Winds Park, a super park, which requires the temporary realignment of State Road 434 in the area known locally as "Wagner's Curve"; and WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA is obligated to acquire right of way and perform construction for said . realignment in a manner acceptable to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and consistent with DOT Permit # ___ S:.]eVL"-90-5:l ; and WHEREAS, a specific condition of the aforementioned DOT permi t is that the CITY OF WINTER SPRINGS, FLORIDA acquire a sufficient property interest in the land upon which the temporary realignment of SR 434 shall be constructed so that said temporary realignment may remain in perpetuity as constructed pursuant to the DOT permit; and WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is a property owner from whom the CITY OF WINTER SPRINGS, FLORIDA must acquire property to comply with the conditions of the DOT permit; and WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is desirous of maintaining its constructive relationship with the CITY OF WINTER . 1 . . . SPRINGS, FLORIDA, and the CITY OF WINTER SPRINGS, FLORIDA is desirous of maintaining its good relationship with SPRINGS LAND INVESTMENTS, LTD., it is THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable considerations agreed to by the parties, it is agreed as follows: 1. That SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership, (hereinafter referred to as Lessor) does hereby lease to the CITY OF WINTER SPRINGS, FLORIDA, (hereinafter referred to as Lessee) and the Lessee does hereby hire from Lessor, the lands described in Exhibit "A" which is attached hereto and incorporated herein by reference to be used for the temporary realignment of Wagner's Curve, including the installation of pavement, curbs and gutters, runoff water transmission and treatment facilities, and sidewalks until such time as the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION shall open for public travel the final realignment of Wagner's Curve or until such time as the CITY OF WINTER SPRINGS, FLORIDA shall acquire the leased area by condemnation pursuant to Paragraph 3 of this Agreement. 2. The construction referred to in Paragraph 1 hereof shall substantially comply with the plans submitted to Lessor, a copy of which is attached hereto and incorporated herein as Exhibit "B". Provided, however, that the CITY OF WINTER SPRINGS, FLORIDA and/or the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION may make such future modifications to the temporary realignment as may be deemed necessary for the safe and efficient function of the 2 . . . facility. 3. The Lessor shall retain the option of requiring Lessee to purchase the leased premises, but in no event shall this option be exercised sooner than one (1) year from the date on which this lease is granted. The CITY OF WINTER SPRINGS, FLORIDA shall, at the option of the Lessor, be required to purchase by way of statutory condemnation proceedings the land described in Exhibit "A" as the leased premises. Lessor shall exercise its option to require such purchase of the leased premises by providing written notification to the CITY OF WINTER SPRINGS, FLORIDA. SPRINGS LAND INVESTMENTS, INC. hereby agrees that requiring the purchase by way of statutory condemnation proceedings of the leased premises is its exclusive remedy at law under this Lease. SPRINGS LAND INVESTMENTS, INC. hereby waives any and all legal or equitable rights it may have to cause the eviction of Lessee from the leased premises or the removal of the temporary alignment prior to the opening for public travel of the final realignment of SR 434. If the CITY OF WINTER SPRINGS, FLORIDA does not purchase the leased premises from Lessor within ninety (90) days of its receipt of Lessor's written notice requiring such purchase pursuant to this paragraph, Lessor's exclusive remedy shall be a suit in inverse condemnation against the CITY OF WINTER SPRINGS, FLORIDA. 4. Lessor's access from the temporary alignment, once constructed, to the remainder of its lands shall be governed by Rules 14-96 and 14-97, Florida Administrative Code. 5. Lessee hereby indemnifies and agrees to hold 3 . . . harmless Lessor from any and all claims whatsoever resulting from the construction on or use of the leased premises for a temporary roadway or related temporary roadway improvements. 6. Lessor and Lessee understand that a portion of the lands leased herein are under threat of condemnation by the state of Florida as mentioned above. In the event that the lands leased herein, or any portion thereof, shall be taken by the power of eminent domain, or sold in lieu thereof, Lessee shall not be entitled to any part of the award for said taking or the proceeds of any sale(s) in lieu thereof; nor shall Lessee be entitled to any compensation paid for damages caused by any partial taking, or sale in lieu thereof, to any portiones) of the premises leased herein remaining not taken or the cost of curing said damages. 7. Lessee shall maintain and keep the leased lands, together with the roadway improvements thereon, in good repair free from refuse and rubbish. 8. That upon the completion and opening of the final realignment of SR 434 at Wagner's Curve Lessee shall return the lands leased to the condition they were in prior to the lease, unless permitted in writing by Lessor to do otherwise. 9. Lessee shall duly obey and comply with all public laws, ordinances, rules or regulations relating to the use of the leased lands. 10. Lessee shall pay all governmental taxes, assessments and charges which shall be assessed and levied upon the leased lands or any portion thereof during the set term as they shall 4 . . . become due. 11. Lessee has been advised by Lessor that Lessor reserves the right to sell the leased lands subject to the lease. Lessee agrees to cooperate fully with Lessor in any such sale of the property. 12. The foregoing constitutes the entire agree~ent of the parties. Any additions and/or changes hereto must be in writing signed by both parties. 13. This Lease shall be governed by the Laws of the state of Florida. In the event that any provision or clause of this Lease conflicts with applicable Florida law, such conflict shall not effect the other provisions of this Lease which will be given full effect without the conflicting provision. IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements herein contained shall enure to the benefit of and be equally binding upon the respective executors, administrators, heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written. signed, sealed and delivered ~;S~ o qK___ Lessor Lessee This document prepared by: Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, III N. Orange Ave., suite 1575, Orlando, FL 32801 (407) 423-2251 5 LEGAL DESCRIPTION (NOT A AND SKETCH BOUNDARY SURVEY) ~ I I ~ t:trL ukle ~~ L - - soJ"'~~~~~wc..;> \-J\b\~ 5 8!j 5J'4o"vJ 2#61' ~FO:e1J fjq;tf-or=-IJJCJ'? U1Je. fbtJr O~ ~~6Jf f?~~. 551-r*IO ---.... -- tP , .n J ~ Z21.~1 -=rrl~? t?Dt-O 4:~ i \" - (~-roJ 11010) ~8~~' I " \'1\ ' ZlPB.S6 I fbJ/~ IJL.L1J~ 5 8'3" 50' Z?J vJ JJ 6'3- rg)' z;5' e.. o '- '50 _...J , " :; f:I:)' 100 I LO-r P), SLtr:: D ll'::'03"a,'?J,;' ~~ldJ' t....Z5.'Zo. \ fbWr WTkr,e.Ju> LOr fa J l3.L:t..IC ------ U'l ~~ -J . 0>. ~" ~- D (\\- D. e. }..'k(u!~.u.is 5.kvt:.-? 01== -rrlt L6k ~ ~-r &:ot:: IJ ~ 5 LEGAL DESCRWTION ALL THAT TRACT OR PARCEL OF LAND LYING IN SEMINOLE COUNTY FLORIDA AND BEING A PORTION OF LOT 18 AND LOT 19 OF BLOCK D OF D.R. MITCHELL'S SURVEY OFTHE LEVY GRANT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 5. SEMINOLE COUNTY, FLORIDA RECORDS, AND BEING MORE PARTICULARLY DESCRIDED AS FOLLOWS: COMMENCING AT THE POINT OF CURVATURE ON THE BASE LINE OF SURVEY AT STATION 557+ 14. 10 ACCORDING TO FLORIDA DEPARTMENTOFTRANSPORTATION MAINTENANCE MAP. STATE ROAD 434, SECTION 77070; THENCE S83"50'23"W ALONG SAID BASE LINE OF SURVEY A Dl~"TANCE OF 221.91 FEET; THENCE DEPARTING SAID BASE LINE S06"09'37"E A DISTANCE OF 25.00 FEET TO A POINT ON THE SOUTHERLY MAINTENANCE RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE S06"06'03"E A DISTANCE OF 24.78 FEET TO A POINT ON THE PROPOSED RIGHT-OF-WAY LINE AND A POINT ON A CURVE. SAID CURVE BEING CONCAVE TO THE SOUTH, HAVING A TANGENT BEARING OF N87"SS'4S"W, A CENTRAL ANGLE OF 03"06'36", AND A RADIUS OF 464.19 FEET; THENCE ALONG SAID CURVE IN A WESTERLY DIRECTION AND ALONG SAID PROPOSED RIGHT-OF-WA Y LINE AN ARC LENGTH OF 25.20 FEET TO THE POINT OF TANGENCY; THENCE CONTINUES ALONG SAID PROPOSED RIGHT-OF-WAY LINE S88"S7'40"W A DISTANCE OF 244.81 FEET TO A POINT ON SAID MAINTENANCE RIGHT-OF-WAY; THENCE ALONG SAID MAINTENANCE RIGHT-OF-WAY N83"SO'23"E A DISTANCE OF 268.88 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING 0.07 ACRE MORE OR LESS ~ /).;: CGJreil<., ~ e-=:: E'l-c;;,J:, /..,::: ~ L6.lf:;,fJ P'c,.....1-btiJ( of c.JM-rJ~ SI:.Er:/\RJNGS AASED ON THE BASELINE OF SURVEYOr: STATF ROAD No 434 FROM . t\ nON 498 + 48 48 TO . -. - . FLORIDA DFPARTMENT SOT~ rl'_oRN 557+ 14.1.~ BEING N8)"SO'2J"E ACCORDING TO 'OAD - _ . . ANSPORTA liON MAINTENANCE MAP OF STATE , No. .04 SI:CTION 77070, AND ARE ASSUMED. THE SURVEYOR HAS NOT ABsmACTED 1l1E LANDS SHOWN HEREON rOR EASEMENTS CEnTIJo1CATION: ~~D!OR RIGHTS or WAY or RECORD. I HEREBY CERTIFY THAT Tim LEIJAL ~ESCRIPTION AND SKETCH IS B~URr ACE AND/OR AERIAL ENCROACHMENTS. IF ANY. ARE NOT LOCATED. CORRECT TO TH" nEST OF MY KNOW' "DCE AND I'ELI'OF I FURTHER 1l1(RE ARE NO ENCROACHMENTS EXCEPT S S .......... '- I', A HOWN. CERTIFY THAT TillS S~RVEY MEETS nil, MINIMUM TECHNICAl. STANDARDS AS SET rORTH BY THi: FLORiDA BOARD OF LAND SURVEYORS PURSU....NT TO ADMIMST~ATIVr; CODE RUI.E 21HH.6 ~OF "HEA_ A ATum'(~L k . PAUL deVIVEnO, P.L.S. ORA WN BY: Me.. PROJECT # ~.1J'2.-,. OA TE: I.z.~~-O)I PIWIT:.SSIO;~."L .'_"i'o/D :;U"YE~OR 14990 VAllO OH..Y \\'~TH Ft,\UOS$L:/) SEAl. ~Vl~~NVEol(NG !101m JJ. WdiJ k Assodl1les~ lUL. 3319 MAQUIRE BOULEVARD, SUITE 100 ORLANDO. FLORIDA 32803 PHONE 407-898.9322 fAX 407-894-0169 REQUIRED RfGHT-OF-W A Y STATE ROAD 434 (WAGNERS' CURVE) D.e. ~1-rc.J~~ ~-? O~ -r~ ~ ~fL.Jr 'RA-r 5::d I J -p~ 6 DESCRIPTION SKETCH BOUNDARY SURVEY) . o .... 50 -~ ,"= -50' LOr 18} LEG AL AND · (NOT A LEGAL DE..<;CRII'TION --...... '~ ~c. (~ ~~D Ai Cb CiA.I 77n- _ ~ u;:]. ""', ~ 1'0' --UC3" ;.I e. l4to."? I ' fbIJ.r a:. CowtI<1EJJC.f.MfJ-J-r P.C.~t. 551+14.10 Iv ICO I &.ax D t::,:; ~1.!5d4" e:::.M./d)' L:: 'Z26.lpO' I)- 1 \ ~ .{] I$J :d t \ ~ ~ ~ ~ " \ L ~ ~ C-J (f) 9.f. .. ~ \<\ ~ ALl. THAT TRACT OR PARCEL or l.AND LYING IN SEMINOLE COUNTY KORIDA AND BEING A PORTION Of LOT 18 or BLOCK 0 OF D.R, MITCHELL'S SURVEYOr THE LEVY GRANT ACCORDING TO THE PLAT THEREor AS RECORDED IN PLAT BOOK I, PAGE 5, SEMINOLE COUNTY, FLORIDA, RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE POINT OF CURVATURE ON THE BASE LINE or SURVEY AT STATION 557 + 14 .IOACCORDING TO FLORIDA DEPARTMENT OFTRANSPORT A TION MAINTENANCE MAP, STATE ROAD 4)4, SECTION 77070; THENCE S06"09')7"E A DISTANCE or 25.00 FEET TO A POINT OF CURVATURE ON THE SOUTHWESTERLY MAINTENANCE RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING; THENCE ALONG SAID MAINTENANCE RIGHT-OF-WAY LINE ALONG A CURVE BEING CONCAVE TO THE SOUTHWEST, HAVING A TANGENT BEARING OF N8)"SO'2)"E, A CENTRAL ANGLE OF 72"47'S9", AND A RADIUS OF 112.2S FEET, IN A SOUTHEASTERLY DIRECTION AN ARC DISTANCE OF 142.62 FEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG SAID MAINTENANCE RIGHT-OF-WAY LINE S23"2I'38"E A DISTANCE OF 363.81 FEET TO A POINT OF CURVATURE ON THE PROPOSED RIGHT-OF-WA Y LINE, THENCE DEPARTING SAID MAINTENANCE RlGHT-OF-W A Y AND ALONG PROPOSED RIGHT-OF-WAY IN A NORTHWESTERLY DIRECTION ALONG A CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A TANGENT BEARING OF N31"19'25'W, A CENTRAL ANGLE OF 15"05'22". AND A RADIUS OF 1209.52; AN ARC LENGTH OF 318.54 FEET TO A POINT OF A NON TANGENT COMPOUND CURVE; THENCE CONTINUE ALONG THE PROPOSED RIGHT- OF-WAY IN A NORTHWESTERLY DIRECTION ALONG A CURVE BEING CONCAVE TO THE SOUTHWEST, HA VING A TANGENT BEARING OF NSO")4 '26"W, A CENTRAL OF 27"50'46", AND A RADIUS OF 464.19 FEET, AN ARC LENGTH OF 225.60 FEET; THENCE N06"06'03"W DEPARTING THE PROPOSED RIGHT-OF-WAY LINE A DISTANCE OF 42.07 TO A POINT ON EXISTING MAINTENANCE RIGHT-OF-WAY LINE; THENCE N8)"SO'23'E ALONG MAINTENANCE RIGHT-OF-WAY LINE A DISTANCE OF 146.91 FEET TO THE POINT OF BEGINNING. . UJ ~ N ~D b.,",~(bL~ e....~us t..s:> bef:, ~,..~ ~1btiJt' ~ ~-rJre. P.r. :::'?Ol~ C(.-r~ 'Pc.:c,. -:: Po. 4-( Oi=- Cav1Fbtlkl PARCEL CONTAINING 0.82 ACRE MORE OR LESS BEARINGS BASED ON THE llASELlNE OF SURVEY OF STATE ROAD No. 434 FROM STATION 498+48.48 TO STATION 557+14.10 BEING N83050'2)'E ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAr OF STATE ROAD No. 434 SECTION 77070, AND ARE ASSUMED. . "Pc... I ~ THE SURVEYOR HAS NOT ABSTRACITo THE LANDS SHOWN HEREON fOR EASEMENTS CERTIFICATION: . _.. . AND/OR RICHTS Of WAr Of RECORD, IIIEREOY CERTIFY 'rHATTHIS LeGAL DESCRII'TION AND SKEICIIIS ~UBSURf ACE AND/OR ,,(RIAL ENCROACHMENTS, If "NY, AflE NOT l.oe" ITD CORRECT TO THE OF.sT OF tv. Y Ki"OWLEDGE AND BELIEF, I FUKTHER DiEflE "RE NO ENCRO"CHMENTS EXCEPT AS SHOWN. CERTIFY THAT TI-IIS SU/(v'[Y MEETS TilE MINIMUM TECHNICAl. STANDARDS AS SlIT F\)KT\l IIY THE FLORIDA BOAKD 01' LAND SURVEYORS I'URSt!ANT TO ADj.-jIHISTRATIVE CODE RULE 2IHH-(, AND SECT' "'DF~;;A:"T:~ ~/91 ~~-=--' ~ -.---.- II. PAUL d~VIVZI~O. I'.L.S. I'ROFr~<;I,)tJAL LMW ~(jRvEYOR 14990 '/ ALiI' ONL Y \'.',1'11 EMOOSSED SEAL REQUIRED RIGHT-OF-WAY 8T ATE ROAD 434 (WAGNERS' CURVE) DRAWN BY: Wt- PROJECT #'Wl'Z-rbl.4- DATE: 1Z--?-OJ/ ~Vl~~NVEo'(NG !101m R. WdiJ k Assodnlcs, !Jtt.. 3319 MAQUIRE BOULEVARD, SUITE 100 ORLANDO, FLORIDA 32803 PHONE 407-898.9322 FAX 407-894-0169 ~ LEGAL DESCRIPTION AND (NOT A BOUNDARY Fblk.rr o&:: CoIJ/I./fCJ...te..MeNI ~ ? Pc'. Sf.1. 551", 14./0 . I ~"=O Vf)'E:._ _ Ql ~-_ "-l D'"' -.9. I ~ - \,>.\ l" . {j -; 7?"" 4-7' rfJdJ" ~ 8. k\~{d~e.. f::.II'Z.:V5' v~~.(d.' "- ~:i. \ .~~ ~ {) C-- ". \ \. f~~ ~ ~\>~):AJ \~\~i~ ~~ ~-~ LEGAl DESCRI~flON \ ALL THAT TRACT OR PARCEL Of LAND BEING A 10 FOOT UTILITY EASEMENT, LYING IN SEMINOLE COUNTY FLORIDA AND BEING A PORTION Of LOT 18 OF ~ BLOCK 0 Of D.R. MITCHELL'S SURVEY OFTHE LEVY GRANT ACCORDING TOTHE PLAT THEREOF, RECORDED IN PLAT BOOK I, PAGE 5, SEMINOLE COUNTY, FLORIDA, RECORDS AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: L:.. ~~ S)~ t> . V~'" ~ cs 8. COMMENCING AT THE POINT OF CURVATURE ON THE BASE LINE Of SURVEY AT STATION 557 + 14.10 ACCORDING TO FLORIDA DEPARTMENT OFTRANSPORTA TION MAINTENANCE MAP, STATE ROAD 434, SECTION 77070; THENCE S06.09'37"E A DISTANCE OF 25.00 FEET TO A POINT OF CURVATURE ON THE SOUTHWESTERLY MAINTENANCE RIGHT-Of-WAY LINE AND THE POINT OF BEGINNING, THENCE ALONG SAID MAINTENANCE RIGHT-OF-WAY LINE ALONG A CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A TANGENT BEARING OF N83.50'2)"E, A CENTRAL ANGLE OF 72.47'59", AND A RADIUS OF 112.25 fEET, IN A SOUTHEASTERLY DIRECTION AN ARC DISTANCE OF 142.62 fEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG SAID MAINTENANCE R1GHT-Of.WA Y LINE S23"2I'38"E A DISTANCE OF 884.98 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID LOT 18; THENCE DEPARTING SAID MAINTENANCE RIGHT-OF-W A Y LINE AND ALONG THE SOUTH PROPERTY LINE OF SAID LOT 18 S8)"50'23"W A DISTANCE OF 10.47 FEET TO A POINT 10 FEET FROM, WHEN MEASURED PERPENDICULAR TO THE MAINTENANCE RIGHT-OF-WAY LINE, THENCE N23.2I'38"W ALONG THE 10' UTILITY EASEMENT LINE AND PARALLEL TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 881.80 FEET TO THE POINT OF CURVATURE, THENCE ALONG A CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 72"47'59" AND A RADIUS OF 102.25 FEET, IN A NORTHWESTERLY DIRECTION, AN ARC LENGHT OF 129.92 FEET SAID CURVE BEING 10 FEET PARALLEL TO THE SOUTHWESTERLY MAINTENANCE RIGHT-OF-WA Y LINE; THENCE N06.09'37"E IN A RADIAL DIRECTION A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.20 ACRE MORE OR LESS. BEARINGS BASED ON THE BASELINE OF SURVEY OF STATE ROAl) No. 434 FROM STATION 498+48.48 TO STATION 557+ 14.10 BEING N830S0'23"E ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP OF STATE ROAD No. 434 SECTION 77070, AND ARE ASSUMED. SKETCH SURVEY) ~ N - 6D I 100 I I":: ':!!O ' 5 B'3"~-z:o~vJ ~.) u~ ~rl- .:l. ~ V L01lu, LffI6JD Li~ ~ ~L.L:. e.... 'l?L.DIJS /..,::. IJeI- l1:J..lg-r t-! "PC.=="fbI,J-z- O~ CJeJf.IJ~ ?-r.:: tbl~r 0;: -1f\1J1::tv...b? ~-r'S~ J(j'f 10 ~ THE SURVEYOR HAS NOT ABSmACn:D THE LANDS SHOWN HEREON ,OR EASEMENTS CEl{TIFICATION: . AND/OR RICHTS 0, WAY or RECORD. I IlEREIIY CERTIFY TIlAT .nlls LEG."!. J)I'.SCRIPTION AND SKI:TCIIIS SUBSURrACE AND/OR AERIAL ENCROACHMENTS. IF' ANY, ARE NOT LOCATED. CORRECTTOTHEllI;STOr-MYKNOW:"I,UGf.AtIDIlELlEF,IFURTIIER THERE ARE NO ENCROACHMENTS EXCEPT AS SHOWN. CERTIFY THAT TillS SURVEY MEclS TliE MltllMUM TECIlNICAL STANDARDS AS SET FOR": rI II' THE I-LOR!!)A nOARD OF I.ANU SURVEYORS I'URSUANT TO ADMINISTR "rvE CODE RULE 211i1i-i> ANU SECTION 2 OF ~ FLO~{ TAT~TI:. I. I'/;uL;i,;ViVlm;('I..L.{~;JJ--. PROr-r:.sSJOt:AI. I.A;>m SIJI<VCV()I{ 14~0 VALID m;1.) "11TH EMD0SSED S:2AI. 10' UTILITY EASEMENT DRAWN BY: E.. PROJECT # WI1.rdl A-- DATE: l'l-~~I ~Vl~ytNVEo'iNG joint IJ. WdiJ It Assodl1lc8, lw. 3319 MAQUIRE 80ULEVARD, SUITE 100 ORLANDO, FLORIDA .32803 PHONE 407-898.9322 FAX 407-894-0169 . EXHIBIT "B" Those certain construction plans of relocation of Wagners' Curve (Route #434) and entrance road to Central Winds Park, prepared for the City of Winter Springs, and prepared by John B. Webb & Associates, Inc. dated September, 1991 and on file at the City of Winter Springs offices. . . . . . . LEASE dJ l'? ~ day of N~~ THIS AGREEMENT made this 1992, by and between SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership, as Lessor, and the CITY OF WINTER SPRINGS, FLORIDA, and/or assigns, as Lessee: WIT N E SSE T H: WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, is engaged in the construction of Central Winds Park, a super park, which requires the temporary realignment of State Road 434 in the area known locally as "Wagner's Curve"; and WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA is obligated to acquire right of way and perform construction for said realignment in a manner acceptable to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and consistent with DOT Permit # --- ; and WHEREAS, a specific condition of the aforementioned DOT permit is that the CITY OF WINTER SPRINGS, FLORIDA acquire a sufficient property interest in the land upon which the temporary realignment of SR 434 shall be constructed so that said temporary realignment may remain in perpetuity as constructed pursuant to the I DOT permit; and WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is a property owner from whom the CITY OF WINTER SPRINGS, FLORIDA must acquire property to comply with the conditions of the DOT permit; and WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is desirous of maintaining its constructive relationship with the CITY OF WINTER 1 . . . SPRINGS, FLORIDA, and the CITY OF WINTER SPRINGS, FLORIDA is desirous of maintaining its good relationship with SPRINGS LAND \ INVESTMENTS, LTD., it is THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable considerations agreed to by the parties, it is agreed as follows: 1. That SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership, (hereinafter referred to as Lessor) does hereby lease to the CITY OF WINTER SPRINGS, FLORIDA, (hereinafter referred to as Lessee) and the Lessee does hereby hire from Lessor, the lands described in Exhibit "A" which is attached hereto and incorporated herein by reference to be used for the temporary realignment of Wagner's Curve, including the installation of pavement, curbs and gutters, runoff water transmission and treatment facilities, and sidewalks until such time as the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION shall open for public travel the final realignment of Wagner's Curve or until such time as the CITY OF WINTER SPRINGS, FLORIDA shall acquire the leased area by condemnation pursuant to Paragraph 3 of this Agreement. 2. The construction referred to in Paragraph 1 hereof shall substantially comply with the plans submitted to Lessor, a copy of which is attached hereto and incorporated herein as Exhibit "B". Provided, however, that the CITY OF WINTER SPRINGS, FLORIDA and/or the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION may make such future modifications to the temporary realignment as may be deemed necessary for the safe and efficient function of the 2 . . . facility. 3. The Lessor shall retain the option of requiring Lessee to purchase the leased premises, but in no event shall this option be exercised sooner than one (1) year from the date on which this lease is granted. The CITY OF WINTER SPRINGS, FLORIDA shall, at the option of the Lessor, be required to purchase by way of statutory condemnation proceedings the land described in Exhibit "A" as the leased premises. Lessor shall exercise its option to require such purchase of the leased premises by providing written notification to the CITY OF WINTER SPRINGS, FLORIDA. SPRINGS LAND INVESTMENTS, INC. hereby agrees that requiring the purchase by way of statutory condemnation proceedings of the leased premises is its exclusive remedy at law under this Lease. SPRINGS LAND INVESTMENTS, INC. hereby waives any and all legal or equitable rights it may have to cause the eviction of Lessee from the leased premises or the removal of the temporary alignment prior to the opening for public travel of the final realignment of SR 434. If the CITY OF WINTER SPRINGS, FLORIDA does not purchase the leased premises from Lessor within ninety (90) days of its receipt of Lessor's written notice requiring such purchase pursuant to this paragraph, Lessor's exclusive remedy shall be a suit in inverse I condemnation against the CITY OF WINTER SPRINGS, FLORIDA. 4. Lessor's access from the temporary alignment, once constructed, to the remainder of its lands shall be governed by Rules 14-96 and 14-97, Florida Administrative Code. 5. Lessee hereby indemnifies and agrees to hold 3 . . . harmless Lessor from any and all claims whatsoever resulting from the construction on or use of the leased premises for a temporary roadway or related temporary roadway improvements. 6. Lessor and Lessee understand that a portion of the lands leased herein are under threat of condemnation by the state of Florida as mentioned above. In the event that the lands leased herein, or any portion thereof, shall be taken by the power of eminent domain, or sold in lieu thereof, Lessee shall not be entitled to any part of the award for said taking or the proceeds of any sale(s) in lieu thereof; nor shall Lessee be entitled to any compensation paid for damages caused by any partial taking, or sale in lieu thereof, to any portion(s) of the premises leased herein remaining not taken or the cost of curing said damages. 7. Lessee shall maintain and keep the leased lands, together with the roadway improvements thereon, in good repair free from refuse and rubbish. 8. That upon the completion and opening of the final realignment of SR 434 at Wagner's Curve Lessee shall return the lands leased to the condition they were in prior to the lease, unless permitted in writing by Lessor to do otherwise. 9. Lessee shall duly obey and comply with all public laws, ordinances, rules or regulations relating to the use of the leased lands. 10. Lessee shall pay all governmental taxes, assessments and charges which shall be assessed and levied upon the leased lands or any portion thereof during the set term as they shall 4 . . . become due. 11. Lessee has been advised by Lessor that Lessor reserves the right to sell the leased lands subject to the lease. Lessee agrees to cooperate fully with Lessor in any such sale of the property. 12. The foregoing constitutes the entire agreement of the parties. Any additions and/or changes hereto must be in writing signed by both parties. 13. This Lease shall be governed by the Laws of the state of Florida. In the event that any provision or clause of this Lease conflicts with applicable Florida law, such conflict shall not effect the other provisions of this Lease which will be given full effect without the conflicting provision. IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements herein contained shall enure to the benefit of and be equally binding upon the respective executors, administrators, heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written. Signed, sealed and delivered in the presence of: ~k> - Lessee This document prepared by: Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, 111 N. Orange Ave., suite 1575, Orlando, FL 32801 (407) 423-2251 5 -. N . . LEGAL DESCRIPTION AND SKETCH (NOT A BOUNDARY SURVEY) I o /"::: fA)( I 30 (,() t:{t'NHt(" ~ ~ ulJE. ~-- ~i\~ -eaw ~ I t'ZO "8 ~ ,\\) ~ .~ .~ \I'l 'Fb4X ~ CcMI<1t3~MW( 9.c.. ~Jt. 5'77.. 14./0 ----- '~ ,\1J WI. C)N "-d~ - 6= ~;;;," d~ - - - - -~: -17. ~~ G -_ __ ~'P./ ~ --J~ ::5c<Jf.1ttc.;> 1'l6>l1-c4'-vJ";> U~ ~.~ ~" U66JD ~h<: i1""d'04'€pf , ........... D~ Cb.J~ ~ dN -e<l4J6.J1).IOJ: '-', ./-rb-tft;:leAf?.;> Cou~/(~;:ltJ ~= ~t..JS ~ L.:: 71. Z'9 '-< Et'6fj..iW( LJIjt::,. /.;c; ~~ri- "fQtJ( O~ er.c:"J.jIJf~ ....... 'P.c,.::1=OpJ( ~ (i)eVt.1"~ /C..oJ, ': "T).AJ6E:J-Jr -ezq.::: ~~ DaI' ~ ~..J ~.'?I' 5r;.;.... _ ) tv1DIJ~ ~"P (D7f$.,.-{lCPJ 110/0 'XJ1"~ ~~,~ '--~~~ ,.1., L.,11J6 -eoJ./'i~~~ 1<.U""l /.,0( 16, &,.a..t: P t?e, MI~"S SJe.v&7 or:. -(HE. ~i ~~ "Q.ar '&;o~ I, ~ 6 LEGAL DESCRIJ>TION ALL THAT TRACf OR PARCEL OF LAND l.YlNG IN SEMINOLE COUNTY rLORIDA AND BEING A PORTION OF LOT 18 OF DLOCK DOl' D.It. MITCHELL'S SURVEY OF TIm LEVY GRANT ACCORDING TO THE PLAT TIlEREOF AS RECORDED IN I'LAT DooK I, PAGE 5, SEMINOLE COUNTY, RECORDS, AND BEING MORE PARTICULARLY DESCRIllED AS I'OLLOWS: COMMENCING ATTHE POINT OF CURVATURE ON TilE DASELlNE OF SURVEY AT STATION 5S7+ 14. 10 ACCORDING TO I'LORIDA DE"ARTMENTOFTRANSPORTATION MAINTENANCE MAP, STATE ROAD 4)4, SECTION 7'1070; THENCE S8)'~O'2)"W ALONG SAID DASE LINE OF SURVEY A DISTANCE OF 146.91 FEET; THENCE DEPARTING SAID BASE LINE S06'09')7'E A DISTANCE OF 25.00 FECI TO A POINT ON TIm SOUTHERLY MAINTENANCE RIGHT-Ol'-WAY LINE; THENCE S06'06'O)'E A DISTANCE OF 42.07 FEET TO TIiE PROPOSED SOUTIiERLY RIGHT-OF,WA Y AND TIiE POINT OF BEGINNING; TIIENCE CONTINUE S06.06'O)'E A DISTANCE OF 26.32 FEET TO A POINT ON TIlE TEMPORARY CONSTRUCfION EASEMENT LINE AND A POINT ON A CURVE; TIIENCE ALONG SAID EASEMENT LINE AND ALONG A CURVE BEING CONCAVE TO TilE SOUTIl, IIAVING ^ TANGENT U1~RING 01' N77'22')9'W, A CENTRAL ANGl.E 01' 10.04'~I)", AND RADIUS OF 4)9.19 FEET; AN ARC LENGTH OF 77.29 FEET; TIIENCE N06'Q6'O)"W DEI'AIlTING THE SAIO EASEMENT LINE A DISTANCE OF 2~.27 FEET TO A "OINT ON TilE l'Il0l'OSED SOUTHERLY RIGHT-OF-WA Y LINE AND A POINT ON A CURVE; THENCE ALONG SAID RIGHT-OF-WAY LINE ALONG A CURVE IlEING CONCAVE TO TilE SOUTII, HA VING A TANGENT IlEARING OF S87"~5'4~"E, A CENTRAL ANGLE OF 09')0')"2', AND A RADIUS OF 464.19 FEET; AN ARC I.ENGTII 01' 77.04 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINING 1.929 SQUARE I'EET, 0.04 ACRE BEARINGS BASED ON'TIiE B STATION 498+4848 . ASELlNE OF SURVEY OF STATE ROAD No. 434 FROM FLORIDA DErARTM;[~ S6~T+~ 551+ 14.10 BEING N83'SO'23"E ACCORDING TO ROAD No. 434 SECTIO'N 11070 NSPORTATION MAINTENANCE MAr OF STATE , AND ARE ASSUMED. 25' TEMPORARY CONSTRUCTION EASEMENT STATE ROAD 434 (WA~~.ERS .CURVE) DRAWN BY: Iv/E.. PROJECT HVJ/?"-a5/ LAND SURVEYING DTVlSION ot r..( SVNV\:'OIl .,AS Nor A8STRACTtO CEnT A'.C/OII II'C.,TS Of "A' Of II(COIIO TH( LA"'DS SHOWN .,(R(ON fOil (AS(I.c(Nrs IFlCATION:. . $v8SvIU AC( A"'O/OR ACRIAl CNCRO.o.CH..tNIS If , R( I HEREDY CEP.TIFY THAT THI;; LeGAL DI!:.C:lIPTION ^ND SKFTCIlIS r~(Il( ARC "0 (I<CROAC""(N rs CXC(P T AS SHOWN AN . A Nor lOCA Ito. CORRECf TO THE BEST 0\' MY KHOWLEDCF M~I) DEllEr IFU'IlTIlER CERTIFY THAT TIllS SURVEY M~':TS THE M!I\.MU'; TI;CIlNIC^1 ST MIDARDS ^S SE"i I'ORTI: OJ' Till: !'LORln.., /!\1^RD Of L^NI) SURVEYORS PURSUANT TO ADM1NISTI\.\T!\'" ('ODE RULE 21111H AND SOCT-'~7 "C~~" ~- --::I /-30-92- II. i'AUL llcVlVEnO.P:'L.s:-----.-- DA TE: l-Zf1) I'ROFE.S~:;)N.\L LNfI'l St:RVEYOJ;; 149;0 . !101m E. Wc/tJ k Assxitd;D (j~~;rr~.~~~!~~\~ ))19 MAQUIRE BOULE J &1/1 . VARD. SUITE 100 ORLANDO, FLORIDA 3280,) PHONE 407-898.9:122 fAX 407-894-0169 . - uJ . ~, . 8 &,. ~lG \/) LEGAL DESCRIPTION (NOT AND SKETCH BOUNDARY SURVEY) ~flJ-( oF S€qIWI~'1 , ~'P.C.~A'6~7~14.ID N 5 65.~ 'ZJ3"w 14lo."/I --......_ - _~ /E'btE. UwE'. "'SJevt:..-? $(~1E 1?64D ~ (~~,~)~ .... Eh:1r1~ 'Dc:xJr~ "......... M!>1~~c..c.. 1361t(-oF=.\IJA-? UkJE. '" A js _ OCJ ~ -_ <Il --- S ']~r , "~ ~1'1<0~ e'btlr-oI"-u./bi' UuE " ~ ...." ...... h...t..,.'5d4l.... ........, " eO' ~,I'?' ................. ~..~Z6.~. ........ be: 4cftd'SZ- -e"~,Jo)' ~'...... ~/~ L...:. 3::;f?Z6 " ~.~ ...... " ~. ~ ' 7", ?>.~ -(~fbet.13-? ~"n~ /' ~~ E:A<;€ME.J.J( U)Jc. "";l . to, ON '~tfI. ~~ -:;z i o , '30 (sO tt ~/c... '5f:.At..L I" .: (pc) , 1 IZ-D /..Dr Ie) ~ D 'P.6.c.... " P"e. MI~s ~ ~1~ l.f:J.R C:tetWr" '\ "R.M Beet: I, 'Pt<X. ~ LEGAl. DESCIUI"T10N \ \ ALL TIIAT TRACT OR I'ARCEL OF LAND LYING IN SEMINOLE COUNTY r-LORI~ L6'~~ ~~ IUS Mqt€. L.. ~ D ec..... LbJ<.::1r...J. 'P.c...:::"R::JIor O~ Cl..leVLr'f'L.I~ "Pc.c..: "P0I>J1' of=. ~o CiJeVE. COMMENCING AT THE POINT OF CURVATURE ON THE BASELINE or- SURVEY AT STATION ~~7 + 14.10 ACCORDING TO FLORIDA DEI' ARTM cNT OF TRANSPORTATION MAINTENANCE MAl', STATE ROAD 434, SECTION 77070; THENCE S83'50'23"W ALONG SAID I.IASE LINE OF SURVEY A DISTANCE OF 146.91 FEET; THENCE DEPARTING SAID BASE LINE S06'09'n'E A DISTANCE OF 25.00 FEl!T TO A POINT ON TilE SOUTHERLY MAINTENANCE RIGHT.OF.WA Y LINE; THENCE S06006'03'c A DISTANCE OF 42,07 FEET TO A POINT ON A CURVE ON nm I'ROI'OSED RIGHT. Or-,WA Y LINE, AND THE POINT OF BEGINNING; THENCE ALONG SAil) RIGHT.OF. WAY LINE ALONG A CURVE UEING CONCAVE TO TilE SOUTHWEST, IIAVING A TANGENT UEARING OF S78025'lrE, A CENTRAL ANGLE OF 27'50'46'. AND A RADIUS OF 464.19 FEET; AN ARC LENGTH OF 225.60 FEET TO A POINT OF A NON. TANGENT COMPOUND CURVE; THENCE CONTINUE ALONG THE SAID RIGHT.Or-. WAY IN A SOUTH EASTERLY D1REc:nON ALONG A CURVE BEING CONCAVE TO TilE SOUTHWEST, HAVING A TANGENT DEARING OF S46'24'47"E, A CENTRAL ^NGLE OF U005'22", AND A RADIUS OF 1209.52 FEET;' AN ARC LENGTH or- 318.54 FEET TO A POINT ON TIlE EXISTING SOUTHWESTERLY MAINTENANCIl RIGHT-OF- WA Y LINE: THENCE S2)02I'38"E ALONG SAID RIGHT-OF.WA Y LINE A DISTANCE OF 390,31 r-E~"; THENCE S66'3s'n"w DEPARTING SAID MAINTANCE RlGHT-OF- WA Y LINE AND ALONG THE TEMPORARY CONSTRUCTION EASEMENT LINE A Ol5TANCE OF 25.00 FEET; THENCE N23'21'38"W ALONG SAID EASEMENT LINE A DI5T ANCE OF 388,56 FEET TO A POINT OF NON-TANGENT CURVEA TURE; THENCE ALONG THE CURVE DEING CONCAVE TO THE SOUTHWEST, HAVING A TANGENT ilEA RING OF N)I024'26'W, A CENTRAL ANGLE OF 14'57'410, AND A RADIUS or- IIRU2 FEET; AN ARC LENGTH OF 309,)1 r-EET TO A POINT or- A NON.TANGENT COMPOUND CJ.LB.YE; THENCE CONTINUE ALONG THE SAID EASEMENT LINE. IN A NORTHWESTERLY DIRECTION ALONG A CURVE DEING CONCAVE TO THE SOUTHWEST, HAVING A TANGENT DEARING OF N46022'07"W, A CENTRAL ANGLE OF 40'20'52", AND A RADIUS OF 4)9.19 FEET: AN ARC LENGTH OF 309.28 FEET; THENCE N06006'03"W DEPARTING THE SAID EASEMENT LINE A DISTANCE OF 26.32 FEET TO THE POINT OF BEGINNING, !::,::;. 16- os' t.:[." e.=.I~,~' L.~ "3IB. <:A.: ~~ %~ ..[1"1 -:?~ ~! \ \ PARCEL CONTAINING 22,961 SQUARE FEET, 0.52 ACRE 1.~EAR1NGS DASED ON mE DASELINE OF SURVEY OF STATE ROAD No. 4J4 FROM .'i,fATION 498+48.48 TO STATION 557+14.10 DEING N8Jo50'23"E.ACCORDING TO l-J.ORlDA DEPARTMENT OF TRANSPORTATION MAI",rENANCE MAP OF STATE ROAD No. 4)4 SECTION 77070, AND ARE ASSUMED. . \ \ \ \ ~\ 't ~- r..(. S_vRv1:YOR .....S NOI ..asm"cT(O TH( l..'oNOS SHO_ ..(R(ON rOil (^r(~'(Nrs CEHTIF1CAT10N:. "".!vll Il1Co11S or ....y or R(COIIO . I E ~V!I~v'H AC( ...NO/OII ...(/ll"'l (NCROACH r r H 'REBY CE.RTIFY THAT l'HIS t.flJ".L D~C:RII'TION AND SKETCH IS 'fll( AR(..O (NCRO"'C""(NIS (XC(PI":~ ;~~_ANY. AIl( Nor lOCAT(O CORRECT TO THe DE..IT OF MY X-'lOWl.Ef'lGE.:"NDOELlEF,1 FURTlIEII CERTIFY THAT THIS WR'/E)' M~m 'j:1!: /V!INIMUM nCIlNICAI. ST ANDARDS ^S SET rO!<.TH BY 'rH!: FLCilll)^ DO^RD OF l.AND SURVEYORS PURSUA:-rr TO ADMINIS,:V,TIVE ::ODE RULE 211111.(, AND SECTION 72 Or- .r:. FLOIlJCI.... s JES. /-,3()...9z !i, PAlJL dl'V:VC; ~, (',LS. '-'- DA TE: l...tdJ-~ :'ROr:I~~SIONAL LAND .:;ur.VcY,JR 14990 VALID CNlY WITH E:~IlOS~~D SEAL Joint E. Webb k Asmnfes, liic.------ 3319 MAQUIRE BOULEVARD, SUITE 100 OR' 'NOO, FLOnlDA J28 J '-', 1\ 0 PHONE 407-B98.9J22 rAX 407-094-0169 25' TEMPORARY CONSTRUCTION EASEMENT STATE ROAD 434 (W AGJ:-JER'S. CURVE) DRAWN BY:~E.. PROJECT # Wr'l.-ol L\Nl) SURVEYING DIVISION ot LEGAL DESCRIPTION AND SKETCH (NOT A ,,,222J!.,~12bRY SURVEY) p. G. t'1I.6. 5'57 ~ 14.10 'Fbi.../( a: !3eI:tINAl,..J N- .~ ,It h- ~ _- f'1W::J6J'1' B61V1JC:t "::ll ~ ~ 3 I :s C1 ~ '_ ~ I ~ I."GA'. "r"c,w",m , ~1 ~ " ~ ~1' i I, ~ 1; \l) ~ l~ ~ \\1 ~~' 1~ ~ ~ ~I ~ I,~'~ ~I ! II Iii' ~\J ir I] ~H ~ J~ Jj J ! $ V I I I I I~ I""': I~ I If IrJ I~ I~ IU) I I I I I ..J DEARlNGS DASED ON TilE ~cx..' cp)''5J''vJ STATION 498+4848 TO . DASELlNE Or- SURVEYOr- STATE IWAD No. 4)4 r-ROM 25.00' r-LORlDA DEPARTMENT~~~~~N 5.57+14.10 DEING N8J050'2J-E ACCORDING TO ROAD No. 434 SECTION 77070 ANSPORTATJON MAINTENANCE MAP OF STATE , AND ARE ASSUMED. . . ~ 10 N .~' . 2 12~ 1Il / I / S O~'O<#'O'3'E. 4:? 78' f,.. O"!/ ()(, '!k' IZ.. 4{A.. I"J ' 1-" Z6. 'lel' ~', I . 0' II'- a f: 6 ~~ ~ e'~ ~ ~ ~ ~ ~~~ :z.&) ~~~ ~ E 1'-' ~\l) ~~ i~j ~~ ~ J:" ~ -- --- I o .1:: o~o ~4.5' e'::: 4"./4}' L'" 2.7.43' , !C G:o ~lC~ I'I~ fd)' I 1'lO ALL THAT TRACT OR PARCEL OF LAND LYING IN SEMINOLE COUNTY FI.OIIIIM AND BEING A PORTION OF LOT IS AND LOT 19 OF DLOCK 0 OF D.R. MITCHEI.I:S SURVEY OF THE LEVY GRANT ACCORDING TO THI! PLATTIIEREOF AS RECOIWEI) IN "LAT DOOK I, PAGE S. SEMINOLE COUNTY, FLORIDA RECORDS, AND III:1N(j MORE I'ARTICULARL Y DESCRmED AS FOLLOWS: i ~ COMMENCING AT TilE "OINT 01' CURVATURE ON THE !lASEUNE OF SURVEY AT STATION S57+ 14.10 ACCORDING TO TilE FLORIDA DEI'ARTMENT 01' TRANSI'ORTAT10N MAINTENANCE MAl'. STATE ROAD 434, SECTION 77070; THENCE S83"~O'23"W ALONG SAID !lASE LINE OF SURVEY A DISTANCE OF 221.88 I'El~T; THENCE DEPARTING TilE SAID DASE LINE S06"06'03"E A DISTANCE OF 49.78 FEET TO A "OINT ON THE J'ROI'()SED SOUTHERL Y RIGIlT.OF.W A Y LINE, OF STATE ROAD 434 AND THE POINT OF !lEGINNING; TIIENCE CONTINUE S06006'03"E DEI'ARTING TilE SAID PROI'OSED IUGIlT.OF.WA Y LINE A DISTANCE OF 2S.27 FEET TO A POINT ON TilE TEMPORAltY CONSTRUCTION EASEMENT I.INE AND A POINT ON A CURVE; TIlENCE ALONG SAID EASEMENT LINE ALONG A CURVE BEING CONCA VE TO TilE SOUTII, IlA VING A TANGENT !lEAIUNG OF NIl7"27')S"W, A CENTRAL ANGLE OF 0)"34'4)" AND A RADIUS OF 439.19 FEET, AN ARC LENGTII OF 27.43 FEET TO TilE POINT 01' TANGENCY; TIIENCE CONTINUE ALONG SAID EASEMENT I.INE S811"n'40"W A DISTANCE OF 243.69 FEET; TIlENCE CONTINUE ALONG SAID EASEMENT I.INE S83"~O'23"W A l)(STANC1, 01' 222.19 FEET; TIIENCE CONTINUE ALONG SAID EASEMENT LINE N06009')7"W A DISTANCE OF 2S.00 FEET TO A PO/NT ON TilE I,XISTING SOUTIIERL Y MAINTENANCE RIGIlT.OF.WA Y LINE OF STATE ROAD 4)4; THENCE N1l30S0'23"EAI.ONG SA/I) MAINTENANCE RICln.OF. WA Y LINE A DISTANCE OF 22LII FEET TO A l'OINT ON THE "ROPOSED SOUTIIERLY RIGIIT.OF.WAY LINE; THENCE Nllll057'40"E ALONG SAil) 1'ltOl'OSED SOUTHERLY RIGHT.OF.WAY A DISTANCE OF 244.111 FEET TO A POINT OF CURVATURE, TIIENCE ALONG SAID CURVE, IIE/NG CONCAVE TO TilE SOUTIl, HA VING A CENTRAL ANGLE OF 0)"06')6", AND A RADIUS OF 464.19 fEH, AN ARC LENGTH OF 25.20 FEET TO TIlE POINT 01' BEGINNING. PARCEL CONTAINING 11.992 SQUARE rEEl". 0.27 ACRE LEl:lbJO 6'" ~i?i><..- b.Y::ttL e:: ~Js '-::: fteL, l.6Jl:p' J P.c...:: tt>\t-}f 01=- CJevlrrJ!E,. r..( ~\JR\I{TOR "AS Nor AOSI1lACrcO CEI'TJI' C . .....::./011 RIC...IS or "AT or R(COIIO TH( LANOS SHO_ H(II(ON rOil (...S[Io4(t<rS \ 'I AliGN:. ~~I;~II::i(..~N~/O/I A(RIAl (NCIlO"cH"(Nrs. .r ANT. AII( NOT lOCArcO ~~;~~~~TIFY mA; m:s ~EG,..l. DF_KIl.:r'nON AND SKE'rCIIIS NCIlOACH..(" IS [xC(P r AS SHO_ HE D,EST OF M_Y )(N0\l'I,r:.OC;; 1..'-lD OELIEf, IFUllTlIER CERTIFY mAT llilS SURV~Y M'F.m TilE I.liNIi-1UM TECHNICAl 25' STANDARDS AS SF; FORTH BY THE FL'):lID". Ilf)ARD '01' LAND TEMPORARY SURVEYORS PUPSUA/'rT 1'0 ADMINISTRATiY'O CO~::' RUI.E ~IIIH.6 s;~~~~~~~;1~~A~~~:sM~~:E) ANO'ECT.O '" EFLOR'~-=?"/_30_9Z ORA WN BY, uE. PRO E W'" . H, PA,TL l!cVlVE!IJ.I, P,L S . '''I J CT # 1'l..-~1 OA TE: '-Z~-o/Z PROFESSiONAL LAND SlJl~'/EY()R ;.990 LAND SURVEYrnG VALID ONLY -~~_~!:i_~ \EAL DTVlSION ot ffolut IJ. WdiJ k Assodnles, J;~ . 3JI9 MAOUIRE aOUU:VARD, SUITE 100 ORLANDO, FLORIDA J2BO~ PHONE oJ 407-B9B.9J22 fAX 407-B94-01G9 . . . --, CITY OF WlfiTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 CITY MANAGER RICHARD ROZANSKY March 6, 1992 To: Commission/ From: City Manager Re: Lease For Temporary Realignment of Wagner's Curve (Springs Land Investments, LTD.) We believe we have successfully completed our negotiations with Springs Land Investments, LTD. and the Department of Trans- portation. We have in our possession an acceptable lease for the property on which we intend to construct the temporary curve. For your information I am enclosing copies as noted: 1. Letter to Atty. Torn Lang from Mr. Allan Keen, dated March 3, 1992 2. Lease - 25' Temporary Easement 3. Lease - Required Rights of Way State Road 434 (Wagner's Curve) Attorney Lang or Kruppenbacher will brief the Commission on this matter. Mr. Allan Keen has been most cooperative and helpful to us in resolving this matter with the Department of Transportation. With your approval we are ready to begin con- struction of this project. /nav attachment(s) .. . March 2, 1992 TO: City Manager coordinator~ FROM: Land Development RE: Agenda Item, Highland Lakes Final Engineering The above referenced is for the approval/disapproval of the proposed project. Attached are the Staff Review Minutes of January 7, 1992, individual Staff comments and the basic lot layout. . If the final engineering is approved, please include the two (2) caveats found at the end of the Staff Review Minutes as part of the approval. /fg attached. cc: Mayor Commission City Attorney City Clerk . . January 8, 1992 FROM: Land Development coordinator~ TO: City Manager RE: Staff Review, Highland Lakes Final Engineering The above referenced was held on January 7, 1992. D. Allen and B. Frank represented the project. Staff members present were Archer, Artman, Govoruhk, Koch, Kozlov, Lallathin, LeBlanc and Lockcuff. K. Degrenia of the Highlands Homeowners Association was also in attendance. Three items must be submitted prior to being presented to the Commission for approval/disapproval. These are: 1) Lighting Plan 2) Preliminary Plat 3) Covenants/Deed Restrictions . Dead End signs and D.O.T.-type barricades must be installed on both sides of Shepard Road. Sidewalks will be installed on both sides of all streets, including Shepard Road. An Arbor Permit is required before any work commences. Signage was also discussed. Please refer to the attached Staff comments. There are two caveats that have to be included when, and if, this project is approved. These are: 1) There is to be no construction until such time as the gas pipeline is satisfactorily relocated; and 2) Any damage done to McGregor Road, or any other road, due to construction traffic, is the responsibility of the developer. The developer should contact the City Engineer prior to commencing construction to check the status of the roadway(s). . attach. /fg cc: Staff . WINTER SPRINGS WATER & SEWER 1 NORTH FAIRFAX AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1641 January 7, 1992 TO: Don LeBlanc Land Development Coordinator FROM: Kipton Lockcuff /~~ Utility Director I' RE: Highland Lakes Final Engineering The Water and Sewer Department is satisfied that all requests have been met and has no objection to final engineering approval. . Florida Land Company signed Harmless Agreement" regarding litigation as drafted by Atty. the the Lang. "Acknowledgement and water and sewer capacity Hold ln DER Water and Sewer Permits have been signed and forwarded to DER for approval. It should be noted receive approval to irrigation. that this subdivision will be the first to install effluent reuse lines for residential . . PROM I Don LeBlanc O. E. ^t'tm_t'ld~ TO: DATE: Januat"y 7, 1992 SUBJ: Highland Lakes Pinal Engineet"ing The developet" was pt"ovided a lettet" outlining the cost of tt"affic t"egulatot"y and stt"eet signs. The othet" at"ea of concet"n is an At"bot" Inspection pt"iot" to any cleat" i ng . . . . . . TO: DON LEBLANC, LAND DEVELOPMENT COORDINATOR FROM: JOHN GOVORUHK, CHIEF OF POLICE DATE: JANUARY 3,1992 SUBJ: SITE PLAN FOR HIGHLAND LAKE$ NO STREET NAMES: All street name sign{s)/and speed limit signs to be installed by Public Works{with street address). Dead End Road or no outlet sign and D.O.T. Barricade type to be installed, both ends of Shepard Road. Sidewalks-As shown on page 6 of 13 DETAILS location WHERE to be installed. but cannot find , ./ ~ ~I' /1 ./. ." / / ~~/" Ar->. rr~~/1 ~ .... ~ c..-"'" :V~ /./ Jo . / Govoruhk Chief of Police / JG;cb FIRE DEPARTMENT 102 NORTH MOSS ROAD WINTER SPRINGS. FLORIDA 32708 TELEPHONE (407) 327-2332 FIRE AND RESCUE SERVICES January 3, 1992 MEMO TO: Land Planning Coordinator // j Ad>> FROM: Fire Marshal/Fire Chie;:>jtT' ~ REF: Hydrant placement for Highland Lakes TEXT: All fire hydrants located within this section meet the proper distance requirements between hydrants and individual residential units. There are no problems with this unit pertaining to the fi re department. . . . . . . . MEMO: 1/2/92 TO: FROM: BUILDING OFFICIAL RE: HIGHLAND LAKES - FINAL ENGINEERING At the July 31. 1990 meeting. this Department requested a Street Lighting Plan. On November 1. 1990 and on August 9. 1991. we again requested this plan or at least reminded the Developer of the need for this plan. In their letter of August 23. 1990. Commonwealth Engineering Assoc. in Item #10 stated the plan would be furnished with final engineering drawings. We are at that stage now and this Department still is awaiting the Street Lighting Plan. I believe this is also the appropriate time to have the entry or development signs approved by the Staff Review Board and I do not find any plans for signs. . . . , .". -... CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 December 30, 1991 Mr. David E. Allen, P.E. Commonwealth Engineering Assoc., 2180 West S~a~e Road 434 Sui~e 3100 Longwood, FL 32779-5010 "'('-&.-~\\\ '\ ~ u Inc. RE: Final Engineering Review - Highland Lakes Dear Mr. A 11 en : Your revised final engineering and stormwater calculations, for the subject project, received on December 10th and'27th, 1991, were found to be satisfactory. Upon carpletion of the project, you will have to subnit a "Le~ter of Certification", three (3) sets of "as-built" engineering and three hundred dollars ($300.00) for an "as-built" inspection fee. If you have any ques~ions, please contact this office. 1m cc: City Manager Land Development Coordinator Building Department utility Director Ronald D. Campbell, Florida Land Co. Gerald L. Chancellor, Chancellor & Assoc.