Loading...
HomeMy WebLinkAbout2011 10 10 Public Hearings 500.2 Tuscawilla Greens Final EngineeringCITY COMMISSION AGENDA ITEM 500.2 October 10, 2011 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the City Commission consider approval of: 1) a modification to the Tuscawilla Greens Preliminary /Final Engineering Plan to permit the construction of 60 townhome units; and, 2) the amended Development Agreement for Tuscawilla Greens, an 11.45 acre development site located on the south side of Winter Springs Boulevard, east of the Tuscawilla Country Club which was approved for the construction of 60 condominium units in 2008. SYNOPSIS: The applicant, Morgran Management, LLC is requesting approval of: 1) a modified Preliminary /Final Engineering Plan for Tuscawilla Greens to permit the construction of 60 townhome units on a development site which was approved for the construction of 60 condominium units in 2008; and, 2) the amended Development Agreement which allows townhomes in lieu of condominiums for Tuscawilla Greens. The developer intends on utilizing existing infrastructure that was constructed to service the condominium buildings. Following City Commission approval in 2008, construction of site infrastructure commenced and was substantially completed in 2009. The construction of the condominium buildings never materialized. The site currently has built infrastructure consisting of paved streets, curb and gutter, stormwater retention areas, water and sewer lines, and retaining walls. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Medium Density Residential Zoning: PUD (Planned Unit Development) APPLICABLE LAW &, PUBLIC POLICY Home Rule Powers Florida Statutes City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances First, Second, Third, Fourth, and Fifth Tuscawilla. CHRONOLOGY Amendments to the Settlement Agreement for • Final Order approving Settlement Agreement and amended Settlement Agreement No. 1, recorded April 14, 1994 in the Public Records of Seminole County, Florida. October 10, 2011 City Commission Public Hearing Agenda Item 500.2 Page 2 of 5 • Second Amendment to Settlement Agreement recorded October 22, 1996 in the Public Records of Seminole County, Florida. • Conceptual approval for 60 residential condominium units (15 buildings), with the 4 garages in each building opening onto an internal courtyard, and on- street parking was approved by the City Commission on September 10, 2007, subject to conditions. • Third Amendment to Settlement Agreement approved by the City Commission October 2, 2007 and recorded December 5, 2007 in the Public Records of Seminole County. • September 8, 2008 - City Commission Approval of Preliminary/Final Engineering Plan for 60 condominium units on the subject property. • September 8, 2008 — Fourth Amendment to the Settlement Agreement approved by the City Commission. • Early 2009 - Site construction commenced. • Late 2009- Site construction ceased. DISCUSSION: The applicant, Morgran Management, LLC, has submitted a modified Preliminary/Final Engineering Plan detailing the construction of 60 fee - simple townhome units on the subject property. In 2008, the City Commission approved the construction of a 60 unit condominium development. Infrastructure for the development consisting of streets, stormwater retention areas, and water and sewer lines were constructed; however, the condominium buildings were never constructed and the sitework was never finalized and accepted by the City Commission. The townhome units are proposed to be constructed as 4 -unit buildings in the same locations as the previously approved 4 -unit condominium buildings. The plan details utilization of the existing infrastructure, with minor modifications, that was constructed as part of the condominium development to service the townhome buildings. The proposed layout is consistent with the layout that was approved by the City Commission in 2008. The modified Preliminary/Final Engineering plan proposes the construction of 15 townhome buildings with 4 units in each building for a total of 60 units. The applicant conveyed to staff in the pre - application meeting that the units would average 1,800 square feet in area. Each unit will be accessed via its own driveway, or via a shared driveway for units that are located at the ends of one of two cul -de -sacs. The driveways are proposed to be 16 -feet in width. As a result of staff's concern during the development review process, the applicant provided a parking detail in the plan set indicating up to 4 cars can be parked on the driveways. Each unit will have a garage, with the two middle units containing a 1 car garage and the two end -units containing 2 car garages. The development will be gated and the streets will be private, consistent with what was approved in 2008 for the condominium development. The existing internal streets consist of an entrance drive that transitions into two streets that terminate into cul -de -sacs. As was the case with the original development, there will be no sidewalks that are internal to the development. This was agreed upon in the original Development Agreement. A revised Development Agreement specific to this development proposal is attached which facilitates the townhome development in lieu of the condominiums. October 10, 2011 City Commission Public Hearing Agenda Item 500.2 Page 3 of 5 Additionally, the third amendment to the Settlement Agreement requires the applicant to pursue a Letter of Map Revision (LOMR) from FEMA for encroachments into the 100 -year flood plain prior to the City's issuance of a building permit for any building that is affected by the LOMR. The LOMR has been submitted and is under review by FEMA. Since ownership of the townhomes will be fee - simple, the development will be required to be platted prior to submittal of building permits for the units. The Tuscawilla Greens project and related Development and Settlement Agreements require a number of easements to be recorded. These easements are summarized as follows: Easement Description Status Conservation Easement over a portion of Parcel 8 on the Golf Course 1 Property (required by Third Amendment to Settlement Agreement) Recorded Offsite Conservation Easement for Wetland Mitigation (Cottle Tract of 2 of SR 434) Recorded Offsite Conservation Easement for Areas on the Golf Course Property South of the Tuscawilla Greens Site, for Wetland Mitigation, Upland Buffer Preservation, and the Offsite Portion of the Compensating In- Progress, must be recorded before site 3 Storage Area acceptance Onsite Conservation Easement for Wetland Preservation Area, Upland In- Progress, must be recorded before site 4 Buffer Preservation, and Compensating Storage Area acceptance Ready for City signatures and recording, Emergency Ingress / Egress to Tuscawilla Greens through Country must be in place prior to any Certificate of 5 Club Property Occupancy Drainage Easement over the offsite retention ponds to be dedicated to In- Progress, must be recorded before site 6 the City for inspection and emergency access acceptance Offsite Utility Easement for the portion of the water main located on In- Progress, must be recorded before site 7 Country Club Property acceptance Offsite easement for access to the stormwater ponds and In- Progress, must be recorded before site 8 compensating storage area through the Country Club property acceptance To be recorded as part of the plat, which must be recorded before building permits 9 Onsite Easements for Utilities, Drainage, Emergency Access can be issued Tuscawilla Greens developer to Vacate Existing Sanitary Sewer Easement across Tuscawilla Greens demonstrate easement has been vacated 10 1property prior to building permit October 10, 2011 City Commission Public Hearing Agenda Item 500.2 Page 4 of 5 Findings 1. The 11.45 acre Tuscawilla Greens site is located within the City of Winter Springs in the Tuscawilla PUD and has existing infrastructure that will service the townhome units. 2. Construction of infrastructure commenced following approval of the condominium plan in 2008. 3. The site has a future land use designation of Medium Density Residential and is zoned Planned Unit Development (PUD). 4. Central potable water, sanitary sewer, streets, and stormwater retention areas exist on the site. 5. The proposed layout is consistent with the layout depicted on the plan that was approved by the City Commission in 2008. 6. The amended Development Agreement allows townhomes in lieu of condominiums in the development. FISCAL IMPACT: The potential tax revenue of the proposed project is estimated as follows: Townhomes (60 units) Units (1,800 square foot average) assessed at $90 /square foot: $9,720,000 assessed tax value (1, 800 x 90 162, 000 x 60 units $9,720, 000) $9,720,000/1000 = $9,720.00 $9,720 x (2.5814) = $25,091.21 $25,091.21 (less the 4% statutory discount) _ $24,087.56 tax revenue City of Winter Springs taxes paid on vacant land now (data obtained from Seminole County Property Appraiser): $3,097.68 $3,097.68 tax revenue Total Potential Tax Revenue: $27,185.24 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any October 10, 2011 City Commission Public Hearing Agenda Item 500.2 Page 5 of 5 Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. STAFF RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission act on the requests for the Tuscawilla Greens project as follows: 1) approve the modified Preliminary/Final Engineering Plans to accommodate the proposed townhome development; and, 2) approve the amended Development Agreement and authorize the City Manager and City Attorney to finalize the document for execution and recordation. ATTACHMENTS: A. Modified Preliminary/Final Engineering Plan B. Preliminary/Final Engineering Plan, approved September 8, 2008 C. Amended Development Agreement ¢ v U 11 11 W N LL z U) Z J z 0- z UJ LU H¢ ¢ Q 1 1 1 ~ z~ N z Z LU Q a rnW �� U ?�MLL t o �2 ¢ Ufa z LL z¢ z¢��a = U w °rya ° C LL, L .6 J wwo�Q x a o Z IL 0 P CL wO z w > Ja LL° w �2OZ noo�UZ p J wa�ma Wzz¢zorn m w� w 0 z a Z LL O a a w ¢ J p O w M v Q o1zoz <z �¢ � - w =Z55 JOZZ W (D (D wEE U'¢�zzr �aa p0 FLU cl F- OW a W W (L' 0aL y ¢ w Ow >Wm wfr 7aww33¢� .0 Uc�O�wpc��acC tr cn Tna� Zp a J z �NCJ 9V 9(D U Z w O ' N 3 m ' 25 2 z Oz �w Z m w m �, w _ m Ng ao o z S w < Q m �= wUd ° �sam w > w_ �O zmM ao¢LL z° °mm a� o¢o °QTY omJ� wQ�amw WN� ziz O ^ett o ^Y' °LL. ° - � R �o�amz wmOZr� w wxOc ¢ mZ�va� >�z`VC� wmma�YO LLw�zmo¢ ¢, vo Uwma >zttC�, c °O � r u Je� 2r, amao _ O F oz w�nmo¢m XX rc`�nm�¢m wOi° -o �a nv�im o¢ n �o LLw x oLL T �o o�a3a� OaiL� n a� a ¢� >a OciL� �� rt�n0 c °w� O 2r Sw Uwz�au J 3:I << o �� opUin LO � w 0 o a ¢ a Q J J aa� �a 0 Q C) C) z LLI Z ca m LL Z mLO °w _ LL w V- o c� M \ z M M Q W 1 ' � z w 0 0 1 LLJ M � O L LU 0 U Z z C� U uj O U LLI 30 ry r - r m 4 m g o Nd ST:TU:b TTUZ /ST /6 ' SV - SJ T Z4H:)NH - b IVNIAZCHJA:9 WV ZI:00:TT ITUVOCOWN9 Z ZC1HZ1\1tZ-b IVNIAZOWA:� V) Uj elf LU Lij L�L -j LJJ a HL v h -a wC o' to AM H H W P V 1 2 A us ya N J1 1004. U OU " N Putt H! jr S Hy ru H H 2 1 " " M! HE TIQ ju q W Qf a 1, , H ECL N OM M R HT V a O t QQ 1-13 o VS no Q j9d 1 W E AC H qn nmm 10 to k F. r Q! a; M A H it I a it q in on in a WO f P, i n HE i n WE 1 , of I JS 5 H N" jq 1 H j 1 HN, H 1, H H 1 t I up a W do ius M41 Rp if 1 wap my S i GH ISS I V; q go no 1WHO H !tfof a ing M IN 5 ® A H 1" M! NMW _R to A 2H N W 8 Ni I H it a P H T HUAN M 1 1 g y 4 a E � HR 1 In W v 1 Us wh q to Vo a q H 10 i IN H! M I om q H 1 URN a a Hui 2"o oE b 1 Bpi P -HS im 1; 1 not ini n q 21 qns 1 H I q g al HE "no un, 7 _ n 1 n o p ag up WE IRA W "S I H on als No A H hGE MA 1 4 , H p 1 H H a ", Up H S q hag ys Avg HE 1 in lot W a � I a A M a ho H 11 Hui H" IS 1 4 A .0 2 nN, at E No d. 5 5. q It W? up ins" Mh AS us Nit E IN a s 1" a can Ey on pq S to H" n UP WSH St i 1W His 1 z 5 sh dog I INN: A WE an"I 0 1 H M 1 PQ IT is PY5 2 A HN 1 to "A P 4 Hipp, W H " Hq , ly 9 as U ty 9 H HH of 1 No H n E Na H9 q sm NOR spook Rio 910 If gy; bQ too N n : n Nj 1 WE "I H Na RUN t i MR ow N Hi 11 W" Q q! - A yon. glu. J" H an WEE. q OWN E D -01 H I I , H o H N ISO H- 11 1 H ZT WV ZI:00:TT ITUVOCOWN9 Z ZC1HZ1\1tZ-b IVNIAZOWA:� wN =m C dp ¢ i � s a w Q g iZ / =z O� Q 3 ww a3 J z K W Q h L F J J LL IM,��_C_azo§ ;_Gol g w WV 91:SZ:01 TTOZ /9T /9'b- P'NV1d]ES IIb213A0 f ZC1HZ4Z - b IVNIAZOWA:d g iZ / =z ;_Gol g w WV 91:SZ:01 TTOZ /9T /9'b- P'NV1d]ES IIb213A0 f ZC1HZ4Z - b IVNIAZOWA:d law !I ! 2 1 1 i 1111 11 !1 1! i ! k. Z 0 L, LLJ ,n 0 < < LU 0 A LL O (.D cn Z j g g CL f il l s ic zq ap UE uj Uo -j Z3 Q 1 L: Z � x 6 O LU LU cc X Lu 14ViD:ZD:TT TTOZ/DE/9'b-P'NVld NOTIV[4N09NICINV111M-VCZCIHZI\bZ-bIVNI�\ZCIH:)\:� WV 9E:80:11 TTOZ/OE/9' 10dIN00 MOISOAI 6 IVNTAZCIHD\:d - - - - - - - - - - wi qd Rg e - -- - - - - - - - - - - HI 1 - 5 z L: z 0 Q) LU Lu Lu > Z < W 0 �OR HN .zv�- 9 5 W i ii§ u) u z Lj uj WV 9E:80:11 TTOZ/OE/9' 10dIN00 MOISOAI 6 IVNTAZCIHD\:d - - - - - - - - - - - -- - - - - - - - - - - HI z L: z m. Q) LU Lu Lu > Z < W WV 9E:80:11 TTOZ/OE/9' 10dIN00 MOISOAI 6 IVNTAZCIHD\:d 1 62 Id LL- l y w s - w� -;�; 4 e� a '� a F P zq s m, ?f UN m; �. a 4 — — ° 0 a. — _ — — - - - -- — — w zW >oz am�oa \ "a ¢gym =ms H � 0 c�❑ ° =m °% 'm�a a_ o woo m8 o k �m gat= II ° r WV Ib:OT:TT TTOZ /O£ /9'b- P'NVId NOLLII OW3O - Vb ZOHZ4Z -b IVNIAZO HOA:d �) � } , , , , [ y 3 \ �\ 2\§ - ±S Q . \ o \)) _ Q \% \§ ` §Z Z §Z Zz � §Z - ? Zz _ m, w5-P'NVld ma_ZOW w - \ :� . � \ �\ 2\§ - ±S Q . \ o \)) _ Q \% \§ ` §Z Z §Z Zz � §Z - ? Zz _ m, w5-P'NVld ma_ZOW w o� w� N s }& �wNO >Z'ooq. �; Nn zn IMV s o azaodad ° n�lir" w3dM Q l ol °� Lu o ° of o 4 W ti O O ti I W ` og H J ° o Ji �f �WU tnJU � r\b qr\= � I I II W � � ti- U -ar 4 gi"�\ �r or�V o� w� N 0 J �4 N Y LU Uj w z U U U w w LC U W ~ w w " W oz 4 W W \ \flJ L r Q 0 2 z o J a�Us J a a w L a , -K 9 � °" F o In p � 111111 111111 i■ �wNO >Z'ooq. �; Nn zn IMV s o azaodad ° n�lir" w3dM Q l ol axe i a ail N Lu o ° of W H J 0 J �4 N Y LU Uj w z U U U w w LC U W ~ w w " W oz 4 W W \ \flJ L r Q 0 2 z o J a�Us J a a w L a , -K 9 � °" F o In p � 111111 111111 i■ Wd bb:i 0:6 STOZ /SS /8' A1Illlf1 VS Zd7HJ�bZ - b IVNId�Z4H��:d i I n I Wd bb:i 0:6 STOZ /SS /8' A1Illlf1 VS Zd7HJ�bZ - b IVNId�Z4H��:d - IW Lf) c 7 O CO LO N O N LO O d�> � O W U Q Lij LL co U W5z 1— co U L y � FW- � z ® w� on p w k o0 _ m i ❑hu �w 3� -_ -- _ ti m J a 3' C 6 ❑ ¢� ty n a I a� _ '+' ❑gi u�3 � m w° oa �� U� = Z Lu LU Q?ooq.s 0 w m 111 LO co O Cl) 1 4) N O N L O Wd bZ:££:£ TTOZ /TT /Z' Odd 1 9 NVld 9 ZOHZ4Z - b IVNIAZOWA:d Wd :E TTOZ/TT/Z' 1 9 NVld IVNIAZOWw Q> % / LO C\j C14 2 Q> \\ }� \\ � \� ��l 7 z ® © ?� \9?® � . � /� \ \ v w . } � � 2� _ \ ® °� LU j� uj w % ° � � � } � \\ \ \�` \�� ��. \ \ \ � �� � \ \} >\ \) \/ /} \/� � }\ / 4, § V — : ;:: :! \ } : ` : - ` ` � � \ \}% \ / \ : \\ \ / � � 17 �j ` \} \ } ©`( (� j (D LU Lu Lu >Z. < LU ZT (Z �� / \ ( c Z , ' , IX) Wd :E TTOZ/TT/Z' 1 9 NVld IVNIAZOWw LL- o° 6' J c� B e � o E ° 11 _ '°%o�� s \ '1Z ° ice °•� z N J p N N Z cn W Lj- O �— m ° N ° W m _ ``� ® m� "`�� ` =4r� as /mo I �; U � I � W ✓ z Lu v LLJ LU \ - - � _ — - _ o o A��Ae _ o �a a =wzk� w m y \ s ` o H a ° a - o� �� e _ I e l i' ee; _� L L -- _ `a - w' z ti ° o PeZ l / L) S LU LU bi �x Ad bT :8£:£ TIOZ /TT /Z'b- P'NVld ONOd NOIlN313b 6 ZOHZ4Z - b IVNIAZOWA:d I ? g Noll vna3s3ad olJVU3.xi w I WI �lWl]1JYdWl ONY113M �I � � � � W OI 3JN3j1 ]l5' � J j I U I wl w °r w � ','I No/1vn;�3s3ad oNrll3nn i � 'o < i ¢ W pl Sl /W /]219jji]90 /Jb']d/1 i I M o 1 s1 /WnlsudWl aNru3u °a I m W sllwnlsudWl aNrnl3nn I U D j T ]]HM DNIN1e19a U T nvH sNINlvl�d = O y Z 2 Q n O J w U 1N9W9n edda 9so-3 "�' <omod h �O _ 0 W O �lJionnado 3�o3 i ? O � w' w �13jjna OlJIY]dn (� Z co 3JN3j1 ]lv O U y, W X33 W 2 _ W � \ 1 DN10709209D09 '= W 3 Q Y w o Ed 0 0 a - I a w a � ¢` ` J 2 J i w Q Q U U uj I I o o Z3 co I x = w 1 I m l ❑ a w W P = w I � a J w Z W �° fb w 1= 9 J d Lu N .l w J Im � Y , 8 Lu Lu w Wd 9£:IU:S TTOZ /Z /Z'b- P'SIIVACI ONOd NOIlN]I]b 6 ZOHZ4Z - b IVNIAZOWA:d W MWTT TT0Z/A/9'E)AAC1'S1N]i43Ain2J3m lb71]N3) dddMS0T IVNIAWWA:d 0X 1 0 2 vJ uj z uj uj 's o NO a LU Lu M Z a ih MIR W! WO 14 RK P is Mud un 4 1 1 W "q HS M hy 11 11 1 Va Q up 'Hit I H W lips g 11 N u M d P j TOWN W nnNMh IQ M qo-N-qu 0"M oW mm Hi CL He u IN ch rz Q J I 1HL W 1 q juj in IE H JIM ah AH 101 1! H it Nino! ow ph julo an iy mug 'm v Nit a HN H M 91HA L, I H; Mul no nos ITH NO H ow MH Hay A T 0 W u mm nN Hyd no JI ff H , I N 1 im 1 W oil 1 1 W H! cc chi q MPH h _7 Hot H His, omit 1 HM o oil H1 1 ;10 LWH M I A R HUR 060 im MUM 4 My M H UI M ON q Rim ip 1 z" l HIM za� W MWTT TT0Z/A/9'E)AAC1'S1N]i43Ain2J3m lb71]N3) dddMS0T IVNIAWWA:d ff A X 1 2 O r,Ap 'a J W ER HMO yj LAI O J p Z O O � V5z Z O U � z W a ti Lu CL CL Lu co P W HT 5e = Uo H Z w Q?ooq�.s 111 m aeg e�A x \ O � i� I sabyg 0 J I � v I e N 2 � e ¢ i Fee €ea �Ek 11 WtlZ£:££:ii SSOZ /U£ /9'`JMC1'Slltll3 ❑dddMS ii ZC1HJ /bZ -b IVNIAZ4HA :d % :d ¢? J v w Ji Lu EE � o N T s W Zj ° ___ L4 w p ._i�� K ym�°z °o !S Lij LL 2 1 o� uw W 3 oow ° ¢ z �uo�kmo�p /y LzIJ zn - o z OLL LL w - a a o w co Q_ww'_s a; w w O W F = Lij so = a > mw rwou� 3oa -H WQQw Z a ¢ _ = od; W;� r r 2 y 0 _ p , 5 2 z 8q. o U Q a� 3 � °aR u W y O = W 3 `m�a iQOS LLI ca F Cal z co - so z 2 wI m ✓I,� - - _ a ° z o 3NIl ONVII3 - "5 ' ai '-- U lIWII 15N00 210 /ONV 6 g 3NIl 2133309 O-113M a ao' aA „ Lu Ljj o Q '00". O Up J W a, .a W� W Hzw m� 'ai�Z� °mom s z o Q (n w¢ su u m J z ~ Lij C) Lj� p — - zs a o4° = U V , �wwo¢Q LU C) o w N 3 'oW _ __ ~¢ z n w. o � a m O me i _ �zrc w' ° Z w N Jz - 201. z 3 i p a °a.�-.n°� _ wz ZT WV 65:6S:TT TTOZ/ST /W p'Slrvim 9NI0b219'39NIAVd ZS ZClHZ4Z - b IVNIAZOWA:� W �PI 5� 9 3 W a g,5 :s CO Lil ,_, J_ 3£ac3go;= ¥g= U \ N 1 I J I O . 3€ zv g= 5 s : u 5 Tf o� �sasl s: o F ° gs6 sirs; ¢ "s 4 See §3 I i s ,. A 4 A e LU X< Ali n a� s N. FF 9 Cie . •. nsg e° _ �n Luogm Qz,o'm w = o ZT " e ass € 111 M OO:MT TTOZ/ZT /6'b- P'SlIV134 A1Illlf1 ES Zs7HJ�bZ - b IVNI��Z4H��:� H, Q LL w R UQ R 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oN 0 0 0 0 0 0 00 0 30 X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O � zsLL, \ HSINI� „m - ,E S J O I� 1 I am a, k I m - .8 Wr k MOT 30 MOE �o I I mug III Him 8 D ZZ� mm m �u_ IIIIIIII =w w o I tl1 NrJ �� d m 0 — O�J m w r Z F K OK a R o o di FIN o rcu g V oa�w EW o �a�b� �e as a R o o di FIN o � oa �o oao 3 �o � o oa = a'QOawa Wg . HIM — — o ma� RA m I I' I, 7 MA � la —ur J w o rcu ° rc1 oa�w EW o �a�b� �e as ma III III 111 .P d o A, �r a 1 1 I o —= IF a ap7 �a woo �' meow m wNa �_ ° u� a 11111111111= = I III -aI o - o � oa �o oao 3 �o � o oa = a'QOawa Wg . HIM — — o ma� RA m I I' I, 7 MA � la —ur J w o rcu ° rc1 oa�w EW o �a�b� �e as ma III III 111 —1 �o o � oa �o oao 3 �o � o oa = a'QOawa Wg . HIM — — o ma� RA m I I' I, 7 MA � la —ur J w o rcu ° rc1 oa�w EW o �a�b� �e as za a o o� h a i - 1£ 6o � ; H-6 W IT. � o� h LL � ; H-6 W IT. � pz >s,o rcwo N —1 �o m �r a 1 1 I o —= IF a — 1 =1 I z m e °a a� O N — woa a �ow� oe °wa a n LL ; °a a� O N — woa a �ow� oe °wa a n ,,, g a�� wN z °zQ o w g a U z zQ pW ? g U M .a� z a � Q y Q J a x w N z z Q �D o Qd p � j p zlz LL, 8[ I I ao -, H 4 % 6 s _ O O zo / �fo O I J 1 L / `O a w a zow�W��ziiw�o>o O wi w am � d m_ ' \ rU ry ppoQi gn o0 0° ��a`uQZ'"o�aQmo=oa °F� � m - w< Q dN Qo U wz o�i r o f w 4 a 0 w °4,,O / w a w doh owa °� °��n ° z r� aao p cm— Q LU 4� wW o U U u p z Q b a s`o �T w9 m � v o =b Q� 3 � �Tv —Rm g oo = "m �T3 9vo g�W Ov 61� m _ ` 0 X 699 ova m" �E w �b9 moo moo= o Ts ov �gQ "vm s �Fo Tq s Q _ov`o N °gym s y7 j i 33t �� m gg yy 8" 1 �R mqt o f 3 At L �$ p ITI- D W W F 0 z v n II N a� v�o 0 0� mo v� v m u 0 b� OBE °om `o o n m m 9100 - b `oQ S U s96/ .V n v 4 - b v A $ 81 2 e § �� I� w Ell �6a m��• 0 3 _0 NB 8B B8 ry V9 ❑ w y ❑� t0 BO 08 8B BO ? IL❑ mIC 00 m 0� me 8B wKd d ww ❑� rd � wp and �OQp r uu ww �N TED z 1010 Yw � a way ,�`�"K wW� Nun m ° Q U -- S oo _e eo 00 I urc 10101010 1010 o u� �z u w 0000 � 00 x mQ ❑0 O ❑ �Sv 4 W �x w m ❑ w p ❑ Nw z z z z z wrcm X T 4 wwV. wrcm wU wzv 4� b a s`o �T w9 m � v o =b Q� 3 � �Tv —Rm g oo = "m �T3 9vo g�W Ov 61� m _ ` 0 X 699 ova m" �E w �b9 moo moo= o Ts ov �gQ "vm s �Fo Tq s Q _ov`o N °gym s y7 j i 33t �� m gg yy 8" 1 �R mqt o f 3 At L �$ p ITI- D W W F 0 z v n II N a� v�o 0 0� mo v� v m u 0 b� OBE °om `o o n m m 9100 - b `oQ S U s96/ .V n v 4 - b v A $ 81 2 e § �� I� w Ell �6a m��• 0 3 _0 NB 8B B8 ry V9 ❑ w y ❑� t0 BO 08 8B BO ? IL❑ mIC 00 m 0� me 8B wKd d ww ❑� rd � wp and �OQp r uu ww �N TED z 1010 Yw � a way ,�`�"K wW� Nun m ° Q U -- S oo _e eo 00 I urc 10101010 1010 o u� �z u w 0000 � 00 x mQ ❑0 O ❑ �Sv 4 W �x w m ❑ w p ❑ Nw z z z z z wrcm X T 4 wwV. wrcm wU wzv 4 a a a a a a a a a a a a 4 0 Q O O O Q O 0 0 0 0 0 O O O O 0 Q O O O Q O N ti Q b xN b_ m w , x x x m 0i. 4 v w d e p m Q U m� N Q 0 m E v W p W 0 m 0 ❑ - c m b 6l n m 0- 0 E v 'E c D U fm 3x LL �L F JL � l�0 N Qd U U 0- L O 'U a m U O R 61 W 0 m i 0 v v 9 m - LL L 0 � > U s � � 4- � _[ a � �� m�2 0� � 6l W S �� d OU N ❑ Q m m Q Q Q m Q c Q m E mi E U ❑L � W ❑ ❑ � - - >= _- Qb �J mQ L� 0� RR�p O'er m 1, 00 dE '- C '�>5 �� __ Oc O l o s m S 0 - > N � m> . a d LL j w 4-' a a L R F Q 0 O WW ❑ L ❑ Rn J f o M LO LO 0 � '��q'� `� J� � ryii n ��� � ^ i N v n '> 1 CC) CV) C (3) rni C\j LO Iry LO LC) LO 00 P-1 � LO C\j C\ LO LO rr LO El L C) 0 0 LO tw LO CL -- w ax3 wvUi a �Q - 8 Z \ \ \ o I `") \ \ I 00 I M I � / °s �i M � L O - I I I LO d' °'" 0� - M .aw _<8 tMM� sl B a s� s ` p LO - - w o$ xo � a m LL 0 z a f a m w e x E 3v w a 0 m 0 � � xw a — vv � 1 a � F 1 �1-� / m fn fix: wvUi u LU U Z 2 a H H O K = Jd = W G o _<8 tMM� sl B a s� s ` p LO - - w o$ xo � a m LL 0 z a f a m w e x E 3v w a 0 m 0 � � xw a — vv � 1 a � F 1 �1-� / m fn w Z w w L ❑ z z 0 .2 U) W 0 0 W W < ❑ lw w I I < 0 U) 0 Z L U U ) z U) ❑ LU cr w > W w W U z 0 w U) . . . Nio A w w W U) w - Z z U) w z w Z U) Z > 1 M w w U) z U 0 w I U) w W a z 0 Z n g W 0 d M E< z LU F IL O au R -2 N H o a Z I N Mw 2 E L 4 0. M E LU z 25 LU U z L/I 22 ce EL. 0- w Z w w L ❑ z z 0 .2 U) W 0 0 W W < ❑ lw w I I < 0 U) 0 Z L U U ) z U) ❑ LU cr w > W w W U z 0 w U) . . . Nio A w w W U) w - Z z U) w z w Z U) Z > 1 M w w U) z U 0 w I U) w W a z 0 Z n g W 0 d M E< z LU F IL O au R -2 N H o a Z I N Mw 2 E L 4 0. M E LU z S ro N U N w aw a w pm LLW LLW Qa �� wy 3� oN ffff�� gm S� O x > Eq N W s � 'sR � .� ��' g r g f s 1 > f r., "! - \V 2f I F r ° z l 3NVl u Ill IM w o too Hilo 218 �3 °wayr m m ¢yg ppUU U�� LL3aw ' ARO lot p �� -��w Urc i¢ =x z nFZez HUE w wa O 5z 1W�Wwi�3 ° J m�,mo -- O .- o LL wzu N IMY Z 073 ¢FUN ¢¢¢ > S $n2 IN J O rn g z J_ J (S c W (S o w � z O � k� s &s w I 3 � v - gym _- —__W W og �Cio � J o n n `3 s u m — o y WV6Z :OT :TT 8007 /8 /8'E'mP'Ntl1d1LISl1tltl3A0 £ ZdHDWZ ItlNIJ \ZdH:\.d Att THIS INSTRUMENT WAS PREPARED BY: George L. Hayes III, Esquire The Hayes Law Group, P.A. 4701 Central Ave St Petersburg, FL 33713 (727) 381 -9026 And Anthony A. Garganese, City Attorney of Winter Springs AND SHOULD BE RETURNED TO: Anthony Garganese, City Attorney of Winter Springs Brown Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32801 (407) 425 -9566 DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement ") is made and executed this day of September, 2011, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City "), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and MORGRAN GREENS, LLC, a Florida limited liability company( "MORGRAN "), whose address is 450 N. Wymore Rd., Winter Park, FL 32789. WITNESSETH: WHEREAS, MORGRAN is the fee simple owner of certain real property located within the City in Seminole County, Florida and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, and the development thereof, is subject to that certain Settlement Agreement by and between Florida County Clubs, Inc., a Florida corporation, and the City dated June 16, 1993, as amended pursuant to that certain Amendment Settlement Agreement No. 1 dated April 14, 1994, as further amended pursuant to that certain Second Amendment to Settlement Agreement dated September 30, 1995, as further amended pursuant to that certain Third Amendment to Settlement Agreement dated November 28, 2007, as further amended pursuant to that certain Fourth Amendment to Settlement Agreement dated September 8, 2008, and as further amended pursuant to that certain Fifth Amendment to Settlement Agreement dated , 2011; and WHEREAS, MORGRAN intends to develop an approximately 6.48 acre portion of the Property as more particularly described and depicted on Exhibit "B" attached hereto as a single - family residential (townhome) community at a maximum density of sixty (60) townhouses to be known as "The Greens at Tuscawilla" (the "Project "); and 0082065 \128808 \1137454\3 WHEREAS, the remaining portion of the Property as more particularly described and depicted on Exhibit "C" attached hereto will be subject to a Conservation Easement in favor of the City and the St. Johns River Water Management District; and WHEREAS, pursuant to the approval of the City Commission on , 2011 MORGRAN desires to facilitate the orderly development of the Project on the Property as depicted in those certain Combined Preliminary /Final Engineering Plans for Tuscawilla Greens prepared by Dave Schmitt Engineering, Inc. under Job No. , dated , 2011 and approved by the City Commission on 2011 (the "Plans ") in compliance with the laws and regulations of the City; and WHEREAS, the City Commission has recommended entering into this Agreement with MORGRAN for the development of the Project; and WHEREAS, the City and MORGRAN desire to set forth the following special terms and conditions with respect to the development and operation of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments In consideration of the City and MORGRAN entering into this Agreement, the City and MORGRAN hereby agree as follows: (a) Utilities The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Plans. All water and sewer improvements required to service the Property as shown on the Plans shall be at MORGRAN's expense. (b) Formation of Home Owner's Association MORGRAN hereby acknowledges and agrees that it shall form a mandatory homeowner's association (the "Homeowner's Association ") for purposes of maintaining any and all common areas, landscaping, streets, sidewalks, streetlights, regulatory signage, entrance signs, gates, walls, fences, recreational areas and stormwater drainage facilities associated with the Project in accordance with chapter 720, Florida Statutes and other applicable law. A separate Declaration of Covenants, Conditions and Restrictions (the "Declaration ") will be executed and recorded among the Public Records of Seminole County, Florida to evidence the formation of the Homeowner's Association and establish its rights, duties and obligations. (c) Gated Community The City hereby agrees that in the event that MORGRAN provides reasonable evidence that the Homeowner's Association has been -2- duly formed and incorporated under the laws of the State of Florida as a mandatory Homeowner's association with the authority and obligation to levy and collect regular and special assessments for the ongoing operation, maintenance and repair of any and all gates, recreational areas, streets, sidewalks, streetlights, regulatory signage and stormwater drainage systems, and any other common areas located within the Project (hereinafter referred to as the "Private Roadway Improvements ") and otherwise complies with the requirements of Section 9 -157 of the Code, the City shall grant gated community status for the Project. MORGRAN acknowledges that the internal Project roadways comprising the Private Roadway Improvements are designed at MORGRAN's request and sole risk with a forty foot (40') wide right -of -way and do not meet City design standards as set forth in Sections 9 -147, 9 -296, and 20- 354(d)(10) of the Code, therefore such roadways shall not become part of the City roadway system (and must remain private) in the future. The Homeowner's Association shall have the obligation, at its sole cost and expense, to maintain, repair and replace (as necessary) the Private Roadway Improvements as described above, which obligation shall run with title to the Townhouse units within the Project as evidenced in the Declaration. The Declaration shall also establish such access and utility easement rights in favor of the Homeowner's Association and residents of the Project as may be necessary for the orderly use and development of the Project. City and other governmental emergency, code enforcement, public and utility service personnel and vehicles shall be allowed access into the Project in accordance with Section 9- 157(b) of the Code. (d) Construction Trailer During the period from the date hereof through and until the completion of the construction of the Project, MORGRAN shall have the right to maintain one (1) trailer on the Property for use by its contractors and construction workers. MORGRAN shall coordinate the location of the trailer on the Property with the City. (e) Trash/Refuse Service The City hereby agrees that trash and refuse pickup will be provided for each individual residential unit, therefore no Project dumpsters will be located on the Property as otherwise required pursuant to Section 9 -280 of the Code. (f) Buffer Walls and Fences MORGRAN shall install and maintain a six foot (6) tall decorative wrought -iron or similar decorative fence along the Property boundary adjacent to Winter Springs Boulevard. The fence shall be subject to the City' aesthetic review approval process and criteria which are set forth in Sections 9 -600- through 9 -606 of the City Code. (g) Sidewalks In consideration of the conservation easement required to be conveyed by MORGRAN hereunder, the off -site drainage improvements required under the Plans, and the conservation easements granted the City pursuant to the aforementioned Third Amendment to Settlement the City Commission has determined that it is in the best interest and welfare of the environment to exempt the Project from the requirement to construct internal sidewalks in accordance with the terms of Section 9- 221(b) of the City Code. However, with respect to the external sidewalk required along Winter Springs Boulevard, MORGRAN shall complete construction of the sidewalk -3- (including final acceptance by the City) prior to the issuance of the first temporary or permanent certificate of occupancy for the Project. (h) Model Units /Sales Office The City hereby agrees that MORGRAN shall be permitted to construct model townhouse units under the following conditions: (i) The model townhouse units shall be contained in a single building (the "Model Building ") and shall not exceed four (4) individual units. Different buildings within the Project may be substituted and utilized as the Model Building from time to time so that the Model Building may be change from one building to another within the Project during the development and construction of the townhouse units; provided that MORGRAN complies with all other requirements of this paragraph. (ii) The model townhouse units shall remain under MORGRAN's ownership and control until such time as a final certificate of occupancy for each unit is issued under the conditions set forth below. (iii) The model townhouse units shall be constructed in a location reasonably acceptable to the City, and any associated parking, pedestrian activity and other activities conducted by sales staff or the general public shall be adequately segregated from construction activities to ensure safety. Vertical construction shall not commence until stabilized access and fire protection is available. (iv) Prior to construction, the model townhouse units shall be duly permitted by the City in accordance with all City Codes. Each model unit shall be permitted as an individual dwelling unit. No master permit for the model building will be issued by the City. (v) At such time as the City Building Official completes and approves a final inspection of the model townhouse units, the City will issue a temporary certificate of occupancy for model use of the units. Said temporary certificate of occupancy shall be issued for each individual unit. Occupancy of the model townhouse units shall be limited to the sale and marketing efforts for the Project until a final certificate of occupancy is issued for such units. In addition, MORGRAN shall have the right to utilize one garage in the Model Building as a temporary sales office. (vi) At the request of MORGRAN or at such time as the Project development is completed, whichever occurs sooner, the model townhouse units shall be converted into permanent residential units and the City shall issue final certificates of occupancy for each model townhouse unit; provided, however, that the City Building Official determines that such units are suitable for permanent residential occupancy and in compliance with the City Codes. (i) Electric and Lighting Plan MORGRAN shall submit a proposed electric and lighting plan to the City at such time as the applicable information is provided to MORGRAN by Progress Energy. No certificate of occupancy shall be issued for the Project until the lighting plan is approved by the City and street lights are in place in accordance with such plan. Approval of the electric and lighting plan shall be coordinated with the Urban Beautification Manager and be subject to aesthetic review in accordance with the terms of the Code. 0) Off -Site Easements MORGRAN shall obtain and record any necessary easements for access to and maintenance of off -site stormwater ponds and conservation areas upon terms and conditions reasonably acceptable to the City. A copy of the recorded easements shall be promptly delivered to the City after recording. (k) Setbacks Pursuant to section 6 -86 and 20- 354(7) of the City Code, the setbacks for the Project shall be as set forth in said Code sections unless otherwise approved by the City Commission in writing. (1) Driveway Separation Approval of this Agreement by the City Commission shall constitute approval of the waiver of the minimum distance requirements for driveway openings onto the same street as generally required pursuant to Section 17 -29 of the City Code, and therefore driveway separation distances within the Project shall be in accordance with the Plans. (m) Emergency Ingress and Egress MORGRAN shall obtain and record an off -site easement in favor of the City for emergency ingress and egress in a location and upon terms and conditions reasonably acceptable to the City. The easement shall be a minimum of twenty (20) feet in width. A copy of the recorded easement shall be promptly delivered to the City after recording. 4. Representations of the Parties The City and MORGRAN hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and MORGRAN and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. MORGRAN represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Homeowner's Association, and the members thereof, to the terms and conditions set forth in this Agreement. 5. Successors and Assigns This Agreement shall automatically be binding upon and shall inure to the benefit of the City and MORGRAN and their respective successors and assigns including, but not limited to, the Homeowner's Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 6. Amendments This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. -5- 7. Entire Agreement This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and MORGRAN as to the subject matter hereof. 8. Severability If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 9. Effective Date This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 10. Recordation This Agreement shall be recorded in the Public Records of Seminole County, Florida. 11. Relationship of the Parties The relationship of the parties to this Agreement is contractual and MORGRAN is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 12. Sovereign Immunity Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 13. City's Police Power MORGRAN agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 14. Interpretation The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 15. Permits The failure of this Agreement to address any particular City, county, state, and /or federal permit, condition, term, or restriction shall not relieve MORGRAN or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 16. Third -Party Rights This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 17. Specific Performance Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided IM, by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 18. Attorney's Fees In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19. Development Permits Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and /or Federal permit, condition, term or restriction shall not relieve MORGRAN or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if MORGRAN is in breach of any term or condition of this Agreement. 20. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if MORGRAN fails to receive its first or initial building permit for the Project townhomes and substantially commences construction of the townhome improvements specified in that permit, within three (3) years of the effective date of this Agreement. In addition, the City shall have the right, but not obligation, to terminate the Agreement if MORGRAN permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure as set forth in paragraph 23.0 herein. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. 21. Applicable Law; Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 22. Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non - defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. -7- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS Charles Lacey, Mayor ATTEST: IM Andrea Lorenzo Luaces, City Clerk CITY SEAL APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: Anthony Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, Charles Lacey, well known to me to be the Mayor of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this day of September, 2011. (NOTARY SEAL) Notary Public My commission expires: WE Signed, sealed and delivered in the presence of the following witnesses Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF MORGRAN GREENS, LLC, a Florida limited liability company By: Daniel S. Thall, Vice President The foregoing instrument was acknowledged before me this day of 2011, by_Daniel S. Thall as Vice President of Morgran Greens, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) Exhibit "A" A PORTION OF LOTS 5, 6, 7 AND 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST WESTERLY CORNER OF TRACT "C ", ARROWHEAD AT TUSCAWILLA -UNIT 2, AS RECORDED IN PLAT BOOK 48, PAGES 52 -54 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 89 °58'36" EAST, A DISTANCE OF 50.00 FEET ALONG THE NORTH LINE OF SAID TRACT "C" ALSO BEING THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD RECORDED IN OFFICIAL RECORDS BOOK 1057, PAGES 1642 THRU 1644, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE LEAVING SAID ARROWHEAD AT TUSCAWILLA - UNIT 2 RUN SOUTH 89 °58'36" EAST, A DISTANCE OF 986.28 FEET ALONG SAID SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 °58'36" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 16 °22'49" AND A CHORD DISTANCE OF 653.15 FEET AND A CHORD BEARING OF SOUTH 81 °47'12" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 655.38 FEET TO A POINT ON THE WEST BOUNDARY LINE OF CHELSEA PARC AT TUSCAWILLA PHASE II AS RECORDED IN PLAT BOOK 46, PAGES 64 -65 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY LINE THE FOLLOWING SIX COURSES AND DISTANCES: SOUTH 29 °47'02" WEST, A DISTANCE OF 14.62 FEET; THENCE SOUTH 17 °37'28" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36 °07'55" WEST, A DISTANCE OF 67.49 FEET; THENCE NORTH 76 °26'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51 °59'49" WEST, A DISTANCE OF 77.50 FEET; THENCE SOUTH 22 °25'15" WEST, A DISTANCE OF 148.00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF CHELSEA PARC AT TUSCAWILLA PHASE 1 AS RECORDED IN PLAT BOOK 46, PAGES 82- 83 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 22 °25'15" WEST, A DISTANCE OF 128.24 FEET; THENCE SOUTH 01'02'05" EAST, A DISTANCE OF 20.29 TO A POINT ON THE WEST BOUNDARY LINE OF FOX GLEN AT CHELSEA PARC, TUSCAWILLA AS RECORDED IN PLAT BOOK 49, PAGES 78 -82 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 01 °02'05" EAST, A DISTANCE OF 94.59 FEET TO A POINT OF CURVATURE OF A NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 55.84 FEET, A CENTRAL ANGLE OF 64 °09'37" AND A CHORD DISTANCE OF 59.31 FEET AND A CHORD BEARING OF SOUTH 33 °06'57" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET; THENCE DEPARTING THE WEST BOUNDARY LINE OF FOX GLEN AT CHELSEA PARC, TUSCAWILLA NORTH 87 °21'25" WEST, A DISTANCE OF 559.92 FEET; THENCE NORTH 67 °55'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 23 °12'11" WEST, A DISTANCE OF 69.56 FEET; THENCE NORTH 66 °47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23 °12'11" EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89 °44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH 00 °15'46" EAST, A DISTANCE OF 116.55 FEET; THENCE NORTH 61 0 1303" EAST, A DISTANCE OF 11.74 FEET; THENCE NORTH 00 °24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00 °26'43" EAST, A DISTANCE OF 193.64 FEET TO THE POINT OF BEGINNING. DESCRIP71ON: A PORTION OFLOTS 5, 6.7 AND 8. THE EAST PART OF PHILIP R.YONGE GRANT, SOUTH PART, AS RECORDED |w PLAT 80ox l. PAGE Ja. OF THE puouc RECORDS OF sEw|mOLE couw7Y, FLORIDA. LYING IN sccnow 7. Towws*/p zl SUor*. RANGE 31 EAST, SEw|w8LE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: nowmEmn[ AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA pARC AT ToScmmLLA PHASE |. AS RECORDED IN PLAT 8oOx 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT x. CHELSEA pARc AT TosC«vwLLA pnAss /. PLAT 8onx 45, PAGES e2-83 NORTH *5'11'45^ WEST, A o|ST«moE OF 105.09 FEET; rnEwoE DEPARTING THE Soun* LINE OF TRACT A. CHELSEA pAnC AT TuSCxvwu-A. PHASE |. PLAT aoox 45. pxocs 82-83 woRrx 87z1'25^ WEST, A DISTANCE OF 529.83 FEET TO THE POINT or oEQww|wG; THENCE NORTH 87'21'25^ WEST, A DISTANCE OF 30.0e FEET; THENCE w0nTn 67*55'28^ WEST, A DISTANCE OF 136.13 FEET; THENCE Sounx 23'12'11" WEST, A DISTANCE OF 03.56 FEET; THENCE NORTH 55'47'49" WEST, « DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11^ EAST, A 03ramCE OF 115.99 FEET; THENCE 3Oun+ 83'*4'14^ EAST, A DISTANCE OF 75.19 FEET; THENCE wonTo 00*15'48^ EAST, A DISTANCE OF 116.55 FEET; nyEmcE NORTH 61'13'03" EAST, A DISTANCE Or 11.7* FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.88 FEET; THENCE NORTH 08'28'43^ EAST, A DISTANCE Or 1e3.64 FEET To A po|wT ON THE suoT* mo*T or wm, LINE or vwmrsn SPRINGS BOULEVARD; THENCE ALONG THE SOUTH RIGHT OF WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 89*58'38" EAST, x DISTANCE OF 299.33 rcsr To A POINT OF oonvATunE OF A CIRCULAR nunvE CONCAVE sOuTnsnL, HAVING A RADIUS OF 2.292.4* FEET, A CENTRAL ANGLE OF 16*22'49^ AND A CHORD DISTANCE or 653.15 FEET wn|Ca BEARS SOUTH 81'*7'12" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 055.38 FEET; THENCE osPAnnwo THE SOUTH RIGHT OF wm, LINE souTn 29'47'02" *EST. A DISTANCE OF 7.71 FEET TO A po|wr OF CURVATURE OF A NON-TANGENT CURVE cowoAvr sounHsnL, HAVING A nAoms OF 2.284.e8 FEET, A CENTRAL ANGLE OF 05'36'++" AND A CHORD DISTANCE OF 223.72 FEET WHICH BEARS NORTH 75'26'50^ WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 223.81 FEET; THENCE SOUTH 08 WEST, x DISTANCE OF 06,53 FEET; THENCE SOUTH 39'50'53^ WEST, A DISTANCE OF 52.70 FEET; THENCE SOUTH 45*05'20^ WEST, A DISTANCE OF 28.23 FEET; THENCE NORTH 81*09'05" WEST, x DISTANCE OF 55.32 FEET T0 A POINT OF CURVATURE OF x CIRCULAR CURVE CONCAVE SOUTHERLY nxwwG A RADIUS OF 5�0O FEET, A CENTRAL ANGLE OF 34�O'26^ AND A CHORD DISTANCE OF 3.56 FEET WHICH BEARS SOUTH O1'35'42'' WEST; THENCE WESTERLY ALONG THE ARC or SAID cuRvs A o|sTAwcE OF 3.61 FEET; THENCE SOUTH 82*00'33^ WEST, A DISTANCE OF 9.79 FEET; n+EwoE SOUTH 57'37'26^ WEST, A DISTANCE OF 17.03 FEET TO A Po/wr OF CURVATURE OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY nxwwG A RADIUS OF 53.50 FEET, x CENTRAL ANGLE OF 103*33'10^ AND x cHono D|sn\wCE Or 84.06 Fssr wn/oH BEARS sounx 41'2e'22^ WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID ouevE A DISTANCE OF gaaS FEET; THENCE NORTH 86'4-*'03^ WEST, A DISTANCE OF 47.88 FEET; THENCE SOUTH 0375'57^ WEST, x DISTANCE OF 43.89 FEET; THENCE NORTH 06'4+'03^ WEST, A DISTANCE OF 108.02 FEET; T*swos woerx 89'21'28" WEST, A o/SrAwoc or 91.29 FEET; THENCE souTn 00'24'22^ wEsr. A o/sTAwCc OF 161.61 FEET; THENCE NORTH 89*35'38" WEST, x DISTANCE OF 41.03 FEET; THENCE S0uni, A DISTANCE OF 14.84 FEET; THENCE SOUTH *8'57'1S" EAST. x DISTANCE OF 31.50 FEET; THENCE S0uTH, A DISTANCE OF 43.01 FEET; THENCE SOUTH 0225'08' . WEST, A DISTANCE OF 71.09 FEET; n+EwcE SOUTH 65'21'28^ WEST, A DISTANCE OF 28.47 FEET; THENCE SOUTH 34'55'3*" *EST. x DISTANCE OF 2I32 FEET; THENCE 30uT* 35'14'36" WEST, A DISTANCE OF 38.*2 FEET; THENCE SOUTH O0'18'24'' EAST, A DISTANCE OF 7.23 FEET TO THE POINT OF BEGINNING. CONTAINING 6.48 ACRES (282,171 SQUARE FEET), MORE OR LESS. In accordance with CH-61G17-0 of the Florida Administrative Code this Description and Sketch of Description bears the notation: SHEET OF u THIS IS NOT A SURVEY. SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH mwnv*x, LINE OF CHELSEA pARC AT rusuxmuA PHASE AS BEING N6511'45 PER PLAT. SKETCH OF DESCRIPTION OF CONDOMINIUM PARCEL THE GREENS AT TUSCAVALLA DATE: SCALE: N/A ^ppnovso BY: -GJS���� �----' JOB NO. 7070901 DRAWN BY: UB ASAI A^MFE F��Kx� , N�� :S U F;->^u^FE`)r8"x�� <&MAPP{NB INC. oERnaCA��/� �n ��3o3 WINTER PARK, FLORIDA 32789 (407) 426-7979 1. THE sunvsvnn HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMEN OF nxx RESTRICTIONS or RECORD xm/ox um AFFECT THE TITLE on USE OF THE LAND u. NO /upnoVEmcwrs HAVE BEEN Locx/cu. z. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL urAFLORIDA uccwsco sunvc,ox AND uxppsn. 4. THIS DOCUMENT CONSISTS or2 sxcos. GENEL J. STURGEON, PSM 5866 "12007VOA7070901mSCA"ILLA COUNTRY CLUB'd, 01 CONSERVATIO =o�����214r2GO9 1:34:10 PM.,, SKETCH OF DESCRIPTION: CONDOMINIUM PARCEL THE GREENS AT TUSCAWILLA a� (o 2 52 g S rn w� DO DO cb mow/ F Ok 4'1 R,g 116-11, 49yf11 P P q0 f 80 Rc a'Za� P(q T CEN q ob 02- Y Zy qs ffq Pg70 ,q ao�= pgOf3 8 " 2 ,3 n a� WA RE W . t° N00'15'46 "E rri 116.55' J 1 =.777 1' = 120' GRAPHIC SCALE 0 60 120 A5NI AMERICAN 5 Z\/E=YI N G & MAPPING INC. CERTIFICARON OF AUTHORIZATION NUMBER 1.8#6393 1030 N. ORLANDO AVE, SUITE 8 WINTER PARK, FLORIDA 32789 (407) 426 -7979 W WW. AM ERI C AN SU R VEYI N G AN D M AP P I N G. C OM .19 161.61' LEGEND - 0 DENOTES RADIUS O DENOTES CENTRAL ANGLE z DENOTES ARC LENGTH -{ z m DENOTES CHORD LENGTH O u DENOTES CHORD BEARING tU DENOTES NON TANGENT m m O z z z 0 Z z x >z 0 m � v�^ � m ➢fin y z�Or o� - o z m n K " .m p� moo° N Oz m�2 - oN m m. > 0 ➢ V ti 2 tno1 m* m z c > m u N mo o` m b� FOA F Ok 4'1 R,g 116-11, 49yf11 P P q0 f 80 Rc a'Za� P(q T CEN q ob 02- Y Zy qs ffq Pg70 ,q ao�= pgOf3 8 " 2 ,3 n a� WA RE W . t° N00'15'46 "E rri 116.55' J 1 =.777 1' = 120' GRAPHIC SCALE 0 60 120 A5NI AMERICAN 5 Z\/E=YI N G & MAPPING INC. CERTIFICARON OF AUTHORIZATION NUMBER 1.8#6393 1030 N. ORLANDO AVE, SUITE 8 WINTER PARK, FLORIDA 32789 (407) 426 -7979 W WW. AM ERI C AN SU R VEYI N G AN D M AP P I N G. C OM .19 161.61' LEGEND R DENOTES RADIUS 0 DENOTES CENTRAL ANGLE L DENOTES ARC LENGTH CH DENOTES CHORD LENGTH C8 DENOTES CHORD BEARING NT DENOTES NON TANGENT SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION DATE: 07/25/08 REVISED: SCALE: 1" =120' REV MISC. 01 APPROVED BY: GJS JOB N0, 7070901 DRAWN BY: UB nn �r 0 0 ?(nC,(4 am W p c0 w N N p I . 11 Do II CTU W p O� cy COO O s Ln <<' _p = 00 �r �? II 03 p II N 11 O N N N z W N N W J C,W CO W vrnrn-.;�00 N IQ pDO� M 00 O DO (D U1 OO L-4 rn Imo, N (D W W ►�J T � N v Z o r D W < C m N II � II II U1 VI N (J1 CA W CO (O U1 IV N �4 cn 1, cl 'J.P 'cD N m S29'47'02 "W 7.71' H:0007VO7\7070901 TUSCAYVIL LA COUNTRY CLUBIJwg17070901 CONSERVATION AND CONDOMINUM SOD.d g. ?J4/20091:34:33 Phi, 1:1