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HomeMy WebLinkAbout2007 12 10 Regular 600.2 Resolution Number 2007-50 Intent to Bill and Collect Fire Assessment FeesCOMMISSION AGENDA ITEM 600.2 December 10, 2007 Regular Meeting Consent Informational I Public Hearing I I I Regular r~ I X I MGR. F-P'~ /DEPT. Authorization REQUEST: City Manager requesting the Commission to approve Resolution 2007-50 to adopt the City of Winter Springs' intent to bill and collect fire assessment fees via the tax rolls commencing in FY 2008. PURPOSE: This agenda item is needed for the Commission to consider to approval of Resolution 2007-50 which adopts the City's intent to bill and collect fire assessment fees via the tax rolls commencing in FY 2008. CONSIDERATIONS: On July 24, the City Commission approved the City to contract with GSG to perform work necessary for the City to implement a Fire Assessment Program in the City of Winter Springs. As part of the implementation of this program, its is necessary for the City to adopt a this resolution which notices the Florida Department of Revenue, the Seminole County Tax Collector and the Seminole County Property Appraiser of the City's intent to collect fire assessment fees via the uniform method of collecting non-ad valorem assessments (i.e., tax rolls), commencing in FY 2008. FUNDING: Estimated collection costs paid to the Tax Collector are $77,000. These costs are programmed into and will be paid from the Fire Assessment Fees. RECOMMENDATION: City Manager recommends the City Commission approve Resolution 2007-50 to formalize the City's intent to use the uniform method of collecting non-ad valorem special assessments for the provision of fire protection services commencing in Fiscal Year 2008. ATTACHMENTS: 1. Resolution 2007-50. COMMISSION ACTION: RESOLUTION N0.2007- 50 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida (the "City") is contemplating the imposition of special assessments for the provision of fire protection services; and WHEREAS, the City intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing fire protection services to property within the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2008, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: 1. Commencing with the Fiscal Year beginning on October 1, 2008, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing fire protection services. Such non-ad valorem assessments shall be levied within the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The City hereby determines that the levy of the assessments is needed to fund the cost of fire protection services within the incorporated area of the City. 3. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Seminole County Tax Collector, and the Seminole County Property Appraiser by January 10, 2008. 4. This Resolution shall be effective upon adoption. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of December, 2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk EXHIBIT A PROOF OF PUBLICATION [INSERT PROOF OF PUBLICATION] EXHIBIT B LEGAL DESCRIPTION [INSERT LEGAL DESCRIPTION] RESOLUTION N0.2007- 50 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida (the "City") is contemplating the imposition of special assessments for the provision of fire protection services; and WHEREAS, the City intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing fire protection services to property within the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2008, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: 1. Commencing with the Fiscal Year beginning on October 1, 2008, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing fire protection services. Such non-ad valorem assessments shall be levied within the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The City hereby determines that the levy of the assessments is needed to fund the cost of fire protection services within the incorporated area of the City. 3. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Seminole County Tax Collector, and the Seminole County Property Appraiser by January 10, 2008. 4. This Resolution shall be effective upon adoption. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of December, 2007. 3OHN E. BUSH, Mayor ATT ST: l' ~ LORENZO-LUACES, City Clerk EXHIBIT A PROOF OF PUBLICATION ~~~ ~.11:~ ~efare the urtidereigrtad ~uthor°~ty taersor~ally ep~eared ~, etly ~: 5~!~rnt7r"s, wt~c~ art math sey~s t~et hei~he is tfi~e ~egai ,~d+~~crtis~n~ I~a~re~~ntati~+~ ~f ~+rl~er'+da ~errttne~, a daffy rtewspa~er Ru~i~st~d 8t ~itarrionte S~rtnas in ~ to Countyr F!crirl~; that the attar;hed c~p~ of advt~rC+semant, E~r1g ~ ~t ,j~.,,. ~r~ ttaa m ~ttsr pf AEG Miri~R 1 ~. ir, the rni~rl ~,, Caurt, was Rubl+st~,scl irk said rE~~wgs~~-per ry~}~+y i:rrpy .(~'~ ~ ~ft'e ~s~+e, of ~fti~rtt furttaer says that the seed t)riar~a 5entir~ei 't~ r~erra+spa~ier p~ubtiahed art Alta~te~te~: SarCncas, 'sn &a i~ ,~~i tingle our~ty, ~I~prida, and that. the said. r~ev!as~ataer has heretaf€are been car~tinuausly ~ubtished iCS said Seminaie ~r~ty, Ftt>rida, each V!~eek ~~y ~r~d has bean entered ~~ s+~cand,_. c~a~s r~ai! rr°calter at ttt~ past office in Alte~r~ent ~ ire said ," ~r~t9 i~fartd~. fcrr ~ riOtt rave year next {a'eing the first pu~icaticar~ caf the attached cagy ad~rertC~+arn~n#; ar~d art farther s~y~ thai hed~he has n~1t1'1f3r ~ rfar tartanlised ~r1y ~r$ar~, ~ir"1`n ar carparatian arry disccaa~nt, rebate, cammis&ian car refund far the purpase of securing this ad'~ertsernerrt far pu~tt~ad~ in t said nk.'YwSJ~r, "f'he fQregc-~ng instrun~er~ awes actsn a ba#rare rna the E~ twit day ~t ~. 2DU7F by Be+rer~ C ,,immons w#tca i'3 (aer3pnaCt~ tC~~,~m tca m~e and whir di lake an oath... .. ~SA~~ ,w~R,~. s •G~,, ~,un~sa Y k0in~ ur t,aunet `, t¢at ~. ~~Aa +aa v+~ .ri.~~6e ~~...y irne_+~'1 7i ins *°tiia~ r.;fl '~ 4r ssxrmnta t arrai avi ~acGf R v? t6 x•dx+. 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F.(1-,, ixr 4~h-c Pr .:re ire -'~'!-~I i the CVY/11 p 4 Ail et Qf :trx *r '~,= h c r:f t:,q ~¢r mn~lar rE o n~ I~i Ir.~ ~~a~s3~*atm i me r~iur ., 1 ,r J fu JE .+fi ipJyr.~ d: l ihlc tc4 ina arc ^rd u' { h rra etln ~g 7r Ge' It 0.atlstl ]ztl ~ L-~ Pn-_ ~'!EQ6 ';T CI`Wf~ .!fit G=MC~hdi~ '. ra~.~m3 tt. mzx~7r hiCh re~ Lftl 1:31R7fS 1fy. 1 Ir,~.~; Div i .9~ p d~ 1t ~Mk GI rr°51;n "h~ laooez., -s m rr. ~:ca ism.... c n4sce ..~ +n ir„ arne~ cnn~ a,la i~,sob !7.r: ,.i', 'aM rw; trv ,'w~a.i Gee i.H '. <ccca°r ~utlme H erv in .v- 4 f ~ 11 ~ r ad i - t Irv r!~~' iF 4s ~f i ~ 1'63 i e JiYS criut Y ~, ~, tr nl ~IR~ a ,ng. ~s~~t~r~ Qrcier~ ~7 8 EXHIBIT B LEGAL DESCRIPTION EXHIBIT B CITY OF WINTER SPRINGS LEGAL DESCRIPTION OF CORPORATE LIMITS REVISED DECEMBER, 2007 BEGINNING at the intersection of the South line of North Orlando Ranches, Section 3, Extended, as recorded in Plat Book 12, Page 34, Public Records of Seminole County, Florida, with the West line of Section 10, Township 21 South, Range 30 East; run thence North 81°46'40" East a distance of 1289.14 feet to the Southwest corner of Lot 3, Block C, North Orlando Ranches Section 3; thence North 81°46'40" East a distance of 1375.24 feet to the Southeast corner of Lot 8, said Block C; thence North 04°27'08" East a distance of 317.00 feet; thence North 81°46'35" East a distance of 2102.08 feet; thence South 03°19'51" West a distance of 650.00 feet to the Southwest corner of Lot 7, Block D, North Orlando Ranches Section 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida; thence North 81°51'29" East a distance of 972.03 feet; thence South 05°18'29" West a distance of 2251.91 feet to the Southwest corner, Tract A, North Orlando Ranches, Section 7, as recorded in Plat Book 13, Page 3, Public Records of Seminole County, Florida; thence North 82°51'47" East a distance of 3099.38 feet along the South line of North Orlando Ranches, Section 7, to the East right-of--way of Fisher Road and a curve concave Westerly with a radius of 627.35 feet; run thence 148.84 feet Southerly along said curve through a central angle of 13°35'38" to the Point of Tangency; thence South 04°07'45" West a distance of 1389.66 feet to the Southeast corner of that parcel of land described in O.R. Book 04355, Page 0863, Public Records of Seminole County, Florida; run thence Easterly approximately 680 feet to the Southeast corner of said parcel; thence North 02°43'24" West a distance of 382.41 feet; thence North 08°20'54" West a distance of 213.03 feet; thence North 00°20'12" West a distance of 567.05 feet; thence South 85°28'11" East a distance of 234.36 feet; thence North 04°13'22" East a distance of 173.18 feet; thence North 63°16'04" East a distance of 232.31 feet; thence South 85°54'28" East a distance of 162.43 feet; thence South 01°26'58" West a distance of 295.40 feet; thence South 85°28'11" East a distance of 361.18 feet; thence North 00°51'21" East a distance of 301.09 feet; thence South 85°22'34" East a distance of 297.19 feet to the Northwest corner of Tuskawilla Unit 5 as recorded in Plat Book 20, Page 18, Public Records of Seminole County, Florida; thence South 04°57 42" West a distance of 300.00 feet; thence South 00°19'33" East a distance of 1057.79 feet to the Southwest corner of said Tuskawilla Unit 5; thence North 74°46'52" East a distance of 795.72 feet to the Northwest corner of Tuskawilla Trails Subdivision as recorded in Plat Book 41, Page 6, Public Records of Seminole County, Florida; December 11, 2007 Page 1 of 10 EXHIBIT B thence South 03°15' West a distance of 100.00 feet; thence South 86°48' East a distance of 1090.71 feet to the West right-of-way line of Tuskawilla Road and a point on a curve concave Southeasterly having a radius of 648.31 feet; run 166.37 feet Northerly along said curve through a central angle of 14°42'11"; thence North 86°46'09" West a distance of 43.09 feet; thence North 43°25'40" East along the West right-of-way line of Tuskawilla Road a distance of 897.60 feet; thence South 84°56'22" East a distance of 484.37 feet to the West line of Winter Springs Unit 4 as recorded in Plat Book 18, Page 7, Public Records of Seminole County, Florida; thence South 04°04'15" West along said West line a distance of 1944.22 feet to the Southeast corner of Lake Tuskawilla Phase 1 as recorded in Plat Book 34, Page 69, Public Records of Seminole County, Florida; thence North 84°55'22" West a distance of 1121.09 feet to the West right-of-way line of Tuskawilla Road; thence South 04°24'22" West along said West right-of-way line a distance of 865.48 feet; thence South 85°00'00" East a distance of 1220.50 feet; thence South 57°08'D4" East a distance of 184.34 feet; thence South 35°08'02" East a distance of 164.69 feet; thence North 37°09'51" East a distance of 190.00 feet to the Northwest corner of Lot 11, Block D, Winter Springs, as recorded in Plat Book 15, Page 81, Public Records of Seminole County, Florida; thence South 52°50'29" East a distance of 170.00 feet; thence North 37°09'51" East a distance of 99.14 feet; thence South 52°50'29" East a distance of 284.65 feet; thence North 31°06'10" East a distance of 226.87 feet; thence South 85°00'00" East a distance of 458.83 feet; thence South 20°29'25" West a distance of 50.00 feet; thence South 56°17'22" East a distance of 258.58 feet; thence North 42°34'49" East a distance of 247.48 feet; thence South 52°50'49" West a distance of 314.86 feet to the Northeast corner of Lot 11, Block G of the aforesaid Winter Springs; thence Southwesterly along the East boundary of Winter Springs to the Southeast corner of Winter Springs; thence South 05°00'00" West a distance of 33.00 feet to the South line of Gardena Farms as recorded in Plat Book G, Page 23, Public Records of Seminole County, Florida; thence South 85°00'00" East a distance of 2837.17 feet to the Southeast corner of Gardena Farms; thence South 84°48'16" East a distance of 2404.62 feet to the Southeast corner of Winter Springs Unit 3 as recorded in Plat Book 17, Page 89, Public Records of Seminole County, Florida; thence North 00°15'09" East a distance of 2167.89 feet; thence North 87°02'43" East a distance of 1083.26 feet; thence North 85°14'00" East a distance of 602.06 feet; thence South 00°14'26" East a distance of 687.30 feet; thence South 69°34'29" East a distance of 750.00 feet to the Northeast corner of Tuska Ridge Unit 4 as recorded in Plat Book 46, Page 78, Public Records of Seminole County, Florida; thence South 50°17'37" West a distance of 423.20 feet; to the point of curvature of a curve concave easterly having a radius of 750.00 feet; run thence Southeasterly along said curve through a central angle of 138°34'35" a distance of 1813.96 feet; thence South 01°11'40" West a December 11, 2007 Page 2 of 10 EXHIBIT B distance of 484.48 feet; thence South 57°48'19" West a distance of 36.75 feet to the Northwest corner of Lot 12, Oviedo Crossing, Phase 1 B as recorded in Plat Book 47, Page 80, Public Records of Seminole County Florida; run thence Easterly and Northerly along the Western boundary of Lot 12 of Oviedo Crossing, Phase 1 B to the Northeast corner of said Lot 12 which is on the West right-of-way of Dovera Drive as shown on the plat of Oviedo Crossings, Phase 3 recorded in Plat Book 53, Page 29, Public Records of Seminole County Florida, said point being North 13°45'09" East 128.28 feet from the Southwest corner of said plat; run thence Northeasterly along the west right-of--way line of Dovera Drive a distance of 1004.00 feet; thence North 73°53'18" West a distance of 156.52 feet; thence North 14°41 17" West a distance of 167.67 feet; thence South 88°50'21" West a distance of 532.80 feet; thence North 00°14'26" West along the East boundary and an extension thereof of Tuskawilla Unit 7 as recorded in Plat Book 22, Page 41, Public Records of Seminole County, Florida a distance of 2157.34 feet to the Southwest corner of Tuskawilla Unit 13 recorded in Plat Book 29, Pages 1 & 2, Public Records of Seminole County, Florida; thence North 89°51'03" East a distance of 2741.19 feet; thence South 86°51'22" East a distance of 58 feet to the Southeast corner of said Tuskawilla Unit 13 and the Southwest corner of Chestnut Estates Phase 1 as recorded in Plat Book 48, Page 47, Public Records of Seminole County, Florida; run thence along the South line of said Chestnut Estates Phase 1, South 86°51'22" East a distance of 1227.44 feet; run thence North 00°04'00" East along the East line of said Chestnut Estates, Phase 1 a distance of 1660.19 feet to the Southwest corner of Lot 214, Tuskawilla Unit 14B as recorded in Plat Book 37, Page 6, Public Records of Seminole County, Florida; thence North 89°15'45" East a distance of 672.03 feet to the Southeast corner of Lot 219, Tuskawilla Unit 14B, as recorded in Plat Book 37, Page 6, Public Records of Seminole County, Florida; thence North 00°02'21" East a distance of 989.84 feet to the South line of Lot 229, Tuskawilla Unit 14B; thence South 89°13'52" East a distance of 673.21 feet to the East right-of- way line of State Road 417; thence North 00°00'24" East a distance of 1318.99 feet; thence North 89°09 58" West a distance of 1349.55 feet; thence North 00°25'38" West a distance of 745.20 feet; thence South 89°58'22" East a distance of 988.75 feet; thence North 00°40'35" East along the West right-of-way line of State Road 417 a distance of 745.55 feet; to the point of curvature of a curve concave Westerly having a radius of 3375.94 feet; run 270.45 feet Northerly along said curve through a central angle of 04°35'24' ; thence North 55°45'00" West along the Northerly right-of-way line of the CSX railroad a distance of 1187.20 feet; thence North 00°30'53" West a distance of 144.75 feet to the Southwest corner of Section 4, Township 21 South, Range 31 East; thence North 88°39'56" East a distance of 1294.50 feet to the Southwest corner of Worthington, as recorded in Plat Book 55, Page 7, Public December 11, 2007 Page 3 of 10 EXHIBIT B Records of Seminole County, Florida; thence North 00°40'44" West along the West line of Worthington a distance of 1134.57 feet; thence South 88°42'20" East a distance of 77.02 feet; thence North 00°38'03" East along the West line of Cassa Villa Heights as recorded in Plat Book 10, Page 97, Public Records of Seminole County, Florida a distance of 655.99 feet; thence South 88°42'20" East a distance of 300.00 feet; thence North 03°12'47" West a distance of 209.65 feet to the Northerly right-of-way line of State Road 417; thence North 84°04'12" West a distance of 618.14 feet; thence North 52°20'30" West a distance of 110.17 feet; thence North 24°09'38" West a distance of 486.63 feet; thence North 88°59'55" East a distance of 620.99 feet; thence South 00°05'24" West a distance of 27.63 feet; thence North 88°59'21" East a distance of 2368.07 feet; thence South 00°21'53" West a distance of 599.93 feet to the North right-of--way line of State Road 434; thence North 89°16'58 East along said right-of-way line a distance of 1005.56 feet; thence North 00°05'25" East a distance of 309.19 feet; thence North 88°48'36" East a distance of 692.15 feet; thence South 00°21'39" East a distance of 320.94 feet to the aforesaid North right-of-way line of State Road 434; thence North 89°23'02" East along said right-of-way line a distance of 665.45 feet; thence North 00°37'32" West a distance of 984.12 feet; thence North 89°43'46" East a distance of 409.69 feet; thence North 02°20'25" East a distance of 100.10 feet; thence North 89°43'41" East a distance of 205.00 feet to the West right-of--way line of DeLeon Street; thence North a distance of 800.00 feet; thence West a distance of 330.00 feet; thence North a distance of 70.00 feet; thence West a distance 330.00 feet; thence North 330.00 feet; thence East for a distance of 660.00 feet; thence North 00°58'58" West along the West right- of-way line of DeLeon Street a distance of 773.18 feet; thence South 89°13'57" West a distance of 481.69 feet; thence North 09°35'50" East a distance of 29.81 feet; thence South 89°01'14" West a distance of 6224.16 feet along the North lines of Sections 3, 4 & 5, Township 21 South, Range 31 East; thence North 00°14'49" West a distance of 1003.76 feet; thence South 72°47'27" West along the shore of Lake Jesup a distance of 105.28 feet; thence South 05°34'34" West a distance of 1657.81 feet; thence South 89°18'43" West a distance of 204.30 feet to the West right-of-way line of State Road 417; thence North 27°20'30"West a distance of 1550.80 feet; thence North 89°38'22" West a distance of 1083.88 feet to the East line of Block B, First Addition to Mineral Springs Park as recorded in Plat Book 8, Page 46, Public Records of Seminole County, Florida; thence South 04°31'17" East a distance of 269.50 feet; thence North 87°32' East a distance of 193.60 feet; thence South 00°12' West a distance of 321.70 feet; thence South 06°05' West a distance of 507.30 feet; thence West a distance of 366.60 feet to the East right-of--way line of Spring Avenue; thence South 01°01'41" East a distance of 935.08 feet; thence South 89°51'49" West a distance of 1002.74 feet to the Southwest corner of December 11, 2007 Page 4 of 10 EXHIBIT B Lot 16, Philip R. Yonge Grant, Section 5, Township 21 South, Range 31 East as recorded in Plat Book 1, Page 35, Public Records of Seminole County, Florida; thence North 01°09'25" West along the west line of said Lot 16 and Mineral Springs Park 2nd Addition as recorded in Plat Book 11, Page 45, Public Records of Seminole County, Florida; a distance of 1495.00 feet; thence Northwesterly along the water's edge of Lake Jesup 6400 feet, more or less, to the Northwest corner of St. John's Landing as recorded in Plat Book 53, Page 45, Public Records of Seminole County, Florida; Run thence South 29°24'23" West a distance of 592.85 feet to an extension of the South right-of-way line of Orange Avenue; thence Northwest along the South right-of-way of Orange Avenue for a distance of 530.00 feet; thence Northeasterly along the West line of Lot 10, Tuskawilla Shores, Plat Book 6, Page 93, Public Records of Seminole County, Florida; for a distance of 600.00 feet to Lake Jesup; thence Westerly along said Lake to the Northwest corner of Lot 5 of the aforesaid plat to Tuskawilla Shores; thence Southwesterly to the Southwest corner of said Lot 5; thence Northwesterly along the North right-of-way of Orange Avenue to the Southwesterly corner of Lot 6 of Estes Tuskawilla, Plat Book 8, Page 29, Public Records of Seminole County, Florida; thence Northeasterly along the West line of Lot 6 for a distance of 370.00 feet; thence North 60° West to the West line of Lot 5 of said Plat; thence Northeasterly along said line to Lake Jesup; thence Westerly along the Shore of Lake Jesup for a distance of 180.00 feet; thence Southwesterly along the West line of Lot 2 of said Plat to Orange Avenue; thence Northwesterly along Orange Avenue 235.00 feet; thence Northeasterly 250.00 feet; thence Southeasterly 100.00 feet; thence Northeasterly to Lake Jesup; thence along the shore of Lake Jesup 170.00 feet; thence Southwesterly 700.00 feet to Orange Avenue; thence Northwesterly along Orange Avenue 750.00 feet; thence Northeasterly to Lake Jesup; thence along the shore of Lake Jesup 660.00 feet; thence Southwesterly along the West line of the East one half of Lot 7 and a Southerly extension to the South right-of-way of Orange Avenue; thence Northwesterly along said right-of-way to the Northwest corner of Lot 12, D.R. Mitchell's Survey of Levy Grant, Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence Northeasterly along the East line of Lot 9 of said Plat to the water's edge of Lake Jesup; run thence Westerly along said water's edge a distance of 2550 feet more or less to the Northeast corner of the West one half of Lot 3, Block C of the aforesaid D.R. Mitchell's Survey of the Levy Grant; thence South 08°12'44" East a distance of 1554.89 feet; thence South 83°05'46" West a distance 250.00 feet; thence North 07°59'42" West a distance of 1003.64 feet to the Southeast corner of Tract C, Parkstone Unit 3 as recorded in Plat Book 58, Page 17, Public Records of Seminole County, Florida; thence North 06°38'26" West a distance of 500.34 feet to the Northeast corner of said Tract C; Run Westerly and Northerly along the water's edge of Lake Jesup approximately 5700 feet to the Northerly extension of the East line of Lot 10, December I I, 2007 Page 5 of 10 EXHIBIT B Block C, D.R. Mitchell's Survey of the Levy Grant; thence South 08°02'00" East a distance of 2175.66 feet to the Northeast corner of Entzminger Farms Addition Number 2 as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 84°25'04" West a distance of 2549.93 feet; thence North 74°17'03" West a distance of 1608.78 feet; thence South 07°38'40" East along the West line of Hartmans Industrial Park as recorded in Plat Book 32, Page 99, Public Records of Seminole County, Florida a distance of 1081.08 feet to the South line of The Old Sanford-Oviedo Road; thence North 76°17'58" West a distance of 231.75 feet; thence North 07°35'42" West a distance of 230.15 feet; thence South 83°14'11" West a distance of 966.96 feet to the East right-of--way line of State Road 419 and a curve concave Northeasterly having a radius of 2129.93 feet; run 700.57 feet Northerly along said curve and said right-of-way line through a central angle of 18°50'44"; thence continue along said right-of-way line North 12°16'16" West a distance of 4468.27 feet to the point of curvature of a curve concave Easterly having a radius of 2423.72 feet; run 705.52 feet Northerly along said curve through a central angle of 16°40'42" to the point of tangency; thence North 00°30'54" East a distance of 543.18 feet to the point of curvature of a curve concave Easterly having a radius of 1560.97 feet; run 369.93 feet Northerly along said curve through a central angle of 13°34'42" to the point of reverse curvature of a curve concave Westerly having a radius of 1846.06 feet; run 358.31 feet Northerly along said curve through a central angle of 11°07'15"; thence North 00°24'54" West a distance of 1022.16 feet to the point of curvature of a curve concave Westerly having a radius of 403.67 feet; run 285.08 feet Northwesterly along said curve through a central angle of 40°27'48" to the Southeastern right-of--way line of U.S. Highway 17-92; thence South 40°14'04" West a distance of 502.69 feet; thence South 49°51'57" East a distance of 160.73 feet; thence North 90°00'00" East a distance of 80.00 feet; thence North 00°00'00" East a distance of 160.00 feet; thence North 90°00'00" East a distance of 113.62 feet; thence South 00°24'54" East a distance of 959.34 feet to the point of curvature of a curve concave Westerly having a radius of 1746.07 feet; run 340.77 feet Southerly along said curve through a central angle of 11°10'56" to the point of reverse curvature of a curve concave Easterly having a radius of 1660.89 feet; run 388.19 feet Southerly along said curve through a central angle of 13°23'29"; thence South 00°31'24" West a distance of 540.72 feet to the point of curvature of a curve concave Easterly having a radius of 2523.72 feet; run 734.54 feet Southerly along said curve through a central angle of 16°40'34"; thence South 12°16'16" East a distance of 4468.22 feet to the point of curvature of a curve concave Easterly having a radius of 1987.00 feet; run 261.57 feet Southerly along said curve through a central angle of 07°32'33"; thence South 84°14'52 West a distance of 398.33 feet to the East line of Highland Lake, Phase 2, as recorded in Plat Book 48, December 11, 2007 Page 6 of 10 EXHIBIT B Public Records of Seminole County, FL; thence North 08°07'25" West a distance of 3411.66 feet; thence North 70°20'58" West a distance of 1551.22 feet; thence South 81°30'23" West a distance of 851.10 feet to the Northwest corner of the Highlands, Section 1, as recorded in Plat Book 18, Page 95, Public Records of Seminole County, Florida; thence North 00°52'46" West a distance of 246.20 feet; thence South 89°28'35" West a distance of 744.60 feet; thence South 00°41'46" East a distance of 1220.44 feet; thence South 85°51'51" West a distance of 218.56 feet; thence South 00°45'11" East a distance of 358.83 feet to the North right-of--way line of Shepard Road; thence South 84°22'19" West a distance of 82.49 feet to the Southeast corner of Spring Hammock Replat as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida; thence North 00°41'46" West a distance of 409.84 feet; thence South 89°51'55" West a distance of 1182.07 feet to the East right of way of U.S. Highway 17-92 and a curve concave Southeasterly having a radius of 5758.51 feet; run 975.00 feet Southwesterly along said curve to a point 5.00 feet South of the South line of Lot 17, Block B, Oak Grove Park as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida; thence South 60°25'22" East along a line 5.00 feet south of a parallel to said line a distance of 505.00 feet; thence South 04°06'14" West a distance of 520.00 feet to the Southeast corner of Lot 13, said Block B; thence North 67°25'16" West a distance of 653.89 feet to the East right-of-way line of U.S. Highway 17-92 and a curve concave Easterly having a radius of 7811.16 feet; run 216.21 feet Southerly along said curve through a central angle of 01 °35 09"; thence South 69°23 37" East a distance of 698.53 feet to the Northeast corner of Boat Lake Terrace as recorded in Plat Book 11, Page 3, Public Records of Seminole County, Florida; thence South 05°04'21" West a distance of 199.70 feet; thence North 71°32'45" West a distance of 736.37 feet to the East right-of-way line of U.S. Highway 17-92 and a curve concave Easterly having a radius of 7810.10 feet; run 426.73 feet Southerly along said curve through a central angle of 03°07'50"; thence South 77°09 12" East a distance of 792.13 feet to the Northeast corner of Lot 4, Block B of the aforesaid Oak Grove Plat; thence South 05°04'22" West a distance of 285.45 feet to the North line of Entzminger Farms Addition Number 3 as recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida; thence South 83°29'30" West along said North line a distance of 380.64 feet; thence South 05°17'58" West a distance of 315.34 feet; thence South 83°29'14" West a distance of 495.24 feet to the Easterly right-of-way of U.S. Highway 17-92; thence South 05°52'01" West along said right- of-way line a distance of 470.66 feet; thence North 83°26'38" East along the North right-of--way line of Florida Avenue a distance of 1268.64 feet to an intersection with the West line of Block D of Flamingo Springs as recorded in Plat Book 8, Page 72, Public Records of Seminole County, Florida; run thence Southeasterly along said West line of Block D a distance of approximately 260 feet December 11, 2007 Page 7 of 10 EXHIBIT B to the Southwest corner of Lot 9 of said. Block D; run thence North 83°27'09" East a distance of 374.60 feet to the Southeast corner of said Lot 9, Block D; thence South 04°43'28" West a distance of 1205.49 to the Southeast corner of Williamson Heights as recorded in Plat Book 12, Page 36, Public Records of Seminole County, Florida thence South 82°56'32" West a distance of 884.25 feet to the Southwest corner of said Williamson Heights; thence North 04°29'00" a Distance of 297.98 feet; thence South 84°09'57" West a distance of 825.51 feet to the Easterly right-of-way line of U.S. Highway 17-92; thence South 04°49'28" West a distance of 303.78 feet to the North right- of-way line of Nursery Road; thence North 83°44'32" East a distance of 435.72 feet; thence South 04°21'49" West a distance of 201.84 feet to the Southwest corner of Lot 1, Block D, Talmo Subdivision as recorded in Plat Book 17, Page 10, Public Records of Seminole County, Florida; thence North 83°16'08" East a distance of 473.33 feet through the Southeast corner of Lot 12, said Block D, to the East right-of-way line of Talmo Street; thence South 04°45'00" West a distance of 1882.48 feet to the centerline of State Road 434; thence South 89°36'08" West a distance of 590.45 feet; thence South 10°32'40" West a distance of 253.10 feet; thence North 83°07'59" East a distance of 657.81 feet; thence North 01°41'09" East a distance of 124.33 feet to the South right- of-way line of State Road 434; thence North 90°00'00" East a distance of 1870.00 feet; thence North 80.00 feet more or less to the North right-of-way of State Road 434; thence North 03°06'26" West, 50.18 feet; thence South 89°59'34" East , 336.26 feet; thence South 00°49'13" East, 91.83 feet to the North right-of-way of State Road 434; thence South 80.00 feet more or less to the South right-of-way of State Road 434; thence East 365.00 feet; thence South 07°20'39" East along the West line of Lot 2, Lew-Jim Subdivision as recorded in Plat Book 11, Page 38, Public Records of Seminole County, Florida a distance of 198.79 feet to the Southwest corner of said Lot 2; thence South 83°22'51" West a distance of 411.22 feet; thence South 07°48'55" East a distance of 479.90 feet; thence North 83°43'02" East a distance of 606.23 feet to the East right-of-way line of Belle Avenue; thence South 07°52'30" East a distance of 380.17 feet; thence North 83°41'32" East a distance of 475.42 feet; thence South 08°03'17" East a distance of 367.35 feet to the Southwest corner of Walden Terrace as recorded in Plat Book 18, Page 69, Public Records of Seminole County, Florida; thence North 84°36'03" East a distance of 632.94 feet; thence South 08°09'51" East a distance of 323.48 feet to the Southwest corner of Lot 7 of said Walden Terrace; thence South 82°44'51" West a distance of 636.77 feet to the East right-of-way line of David Drive; thence South 08°02'00" East a distance of 3001.70 feet; thence South 82°39 35" West a distance of 195.89 feet to the West line of Section 3, Township 21 South, Range 30 East; thence South 00°39'12" West along the West line of Section 3 and the West line of Section 10, Township 21 South, Range 30 East a distance of 2488.28 feet; to the POINT OF BEGINNING; December 11, 2007 Page 8 of ]0 EXHIBIT B LESS THE FOLLOWING PARCELS: A. Lot 7, less the West 55 feet thereof, and the West one half of Lot 8, Entzminger Farms Addition Number 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida. B. Lot 9, Entzminger Farms Addition Number 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida. C. The East one half of Lots 41 and 42, Entzminger Farms Addition Number 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida. D. Lots 25 and 32, Entzminger Farms Addition Number 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida, less road right-of--way. E. The West 774.9 feet of the East 1028.5 feet of Lot 9, Block D, D.R. Mitchell s Surrey of the Levy Grant, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying South of State Road 434. F. Lot 24, Block D, D.R. Mitchell s Survey of the Levy Grant, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, less road right-of-way. G. Beginning at the Northeast corner of Lot 4, Gardena Farms, as recorded in Plat Book 6, Page 23, Public Records of Seminole County, Florida; run thence North 84°48 49" West along the North line of Lots 4 and 5 of Gardena Farms a distance of 1351.75 feet to the West right-of-way line of Tuskawilla Road; run thence Northerly along the West right-of- way line of Tuskawilla Road a distance of approximately 1075 feet to the Northeast corner of Tract A, Avery Park as recorded in Plat Book 60, Page 33, Public Records of Seminole County, Florida; run thence North 87°02 40" West a distance of 387.79 feet; thence North 03°37 30" East a distance of 480.00 feet; thence North 87°02 40" West a distance of 974.77 feet; thence North 550 feet; thence East along the North right-of-way of Natures Way 275.00 feet; thence South 500.00 feet; thence East 225.00 feet along the North right- of-way of Milky Way; thence North 500 feet; thence East along the North right-of-way of Natures Way 1150.00 feet to the West right-of-way of Tuskawilla Road; thence South 14° December 11, 2007 Page 9 of 10 EXHIBIT B West along said right-of--way for a distance of 50.00 feet to a point on the South right-of- way of Natures Way; thence West along said right-of-way for a distance of 350.00 feet; thence South 225.00 feet; thence East 400.00 feet to the East right-of-way of Tuskawilla Road; thence South 13°21'42" West a distance of 262.51 feet along said right-of-way line; thence South 87°22'08" East a distance of 639.65 feet to the Easterly line of the CSX right-of-way; thence South 06°59'19" East a distance of 329.06 feet along said right-of-way to the point of curvature of a curve concave Easterly having a radius of 1967.00 feet; thence Southerly along said curve a distance of 655.47 feet through a central angle of 19°05'35"; thence South 86°29'50" East a distance of 1449.46 feet to the East line of the Moses E. Levy Grant; thence South 04°13'03" West a distance of 508.82 feet to a point on a curve concave Northerly having a radius of 654.81 feet; thence Easterly along curve a distance of 344.50 feet through a central angle of 30°08'37'; thence South 00°36'11" East a distance of 912.73 feet to the South right-of-way line of the CSX railroad; thence North 55°19' West along said right-of-way line a distance of 577.32 feet; thence South 24°27'43" West a distance of 144.70 feet to the North right-of-way line of Railroad Avenue; thence North 57°08'47" West along said North right-of--way line of Railroad Avenue a distance of 628.60 feet; thence North 85°39'35" West a distance of 643.45 feet to the East line of Gardena Farms; thence North 04°20'25" East a distance of 388.78 feet to the point of beginning. H. That part of Section 4, Township 21 South, Range 31 East, Seminole County, Florida described as follows: Commence at the Southeast corner of Barrington Estates, Plat Book 62, Page 80, Public Records of Seminole County, Florida, thence North00°21'31" West, 306.84 feet to the Point of Beginning; thence South 89°51'33" West, 25.00 feet; thence North 00°21'31" West, 25.00 feet; thence North 89°51'33" East, 25.00 feet; thence South 00°21'31" East to the Point of Beginning. NOTE: The foregoing legal description is based on the following data: 1. The City of Winter Springs Subdivision and Parcel Map dated November 2007, prepared by Southeastern Surveying. 2. Property ownership maps prepared by the Seminole County Property Appraiser for 29 sections. 3. Recorded plats of subdivisions affecting the legal description, utilizing 122 plat book pages. December 11, 2007 Page 10 of 10