HomeMy WebLinkAboutMorgran Greens, LLC- Developer's Agreement- 2011 10 24BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873
Phone (407) 425 -9566
Fax (407) 425 -9596
December 19, 2011
Andrea Lorenzo- Luaces, City Clerk
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
Re: Tuscawilla Greens
Dear Andrea:
RECEIVED
DEC 2 1 ?011
CITY OF WIrq'rER SPRINGS
OFFICE OF THE CITY CLERK
Anthony A. Garganese
Board Certified City, County & Local
Government Law
agarganese@orlandolaw net
Enclosed for safekeeping is the original recorded Developer's Agreement and Fifth
Amendment to Settlement Agreement.
If you have any questions, please give me a call.
AAG /nh
Enclosures
;Sin
Anthony A. Garganese, City Attorney
Ft. Lauderdale (954) 670 -1979 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566
Website: www.orlandolaw.net • Email: firm @o.rlandolaw.net
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
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MiWOM MORSE, CLERK W CIRCUIT COURT
SENINOLE COUNTY
N 07671 Ns 12 - JMt (16"s)
CLERK'' S 0 2011128215
RECORDED 11/P912011 10:53114 AN
RECORDING FEES 137.50
RECOM BY J Eekenr- oth(ill)
FOR RECORDING DEPARTMENT USE ONLY
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement ") is made and executed this
Qq'b1 day of October, 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 October 10, 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
008206511288081113745413
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 October 10, 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. CHD -2, originally dated September
2007, as revised per City of Winter Springs on August 15, 2011 (noted on cover page) and
approved by the City Commission on October 10, 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.
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(c) Gated Community The City hereby agrees that in the event that
MORGRAN provides reasonable evidence that the Homeowner's Association has been
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
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Winter Springs Boulevard, MORGRAN shall complete construction of the sidewalk
(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.
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(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) Easements MORGRAN shall obtain and record any necessary easements
for access to and maintenance of required stormwater ponds, ofd site emergency ingress
and egress (minimum of twenty (20) feet in width), and conservation areas upon terms
and conditions reasonably acceptable to the City including, but not limited to, the
easements listed on Exhibit "D" attached hereto and incorporated herein by this
reference (the "Easements "). A copy of the recorded Easements shall be promptly
delivered to the City after recording. No vertical improvements of the townhome units
shall be permitted until such time as MORGRAN provides documentation to the City
evidencing that the Easements have been duly recorded in the Official Records of
Seminole County.
(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.
4. Rearesentations 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.
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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.
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.
ME
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
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.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
By:
Andrea renzo Luaces, City Clerk
CITY', SEAL
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
By:
Chart Lacey, ayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only. /
Dated:
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
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 thisRa� y of October, 2011.
( Pubk Stott of Florida
'! Andres Lorenzo- Luaces
g My Commiubn E9007574
•M pd� axw" 06IM01e
My commission expires:
-8-
Signed, sealed and delivered in the
presence of the following witnesses:
:,. ess
Si pf Witness J
P tted Name of Witness
MORGRAN GREENS, LLC, a Florida limited
liability company
- 75 a : n - ' iel S. Thall, Vice President
STATE OF FLORIDA
COUNTY OF ..OM [-,F-,_
The foregoing instrument was acknowledged before me this day of October, 2011,
by_Daniel S. Thall as Vice President of Morgran Greens, LLC, a Florida limited liability
company, on behalf of said company. Qj2 is _ u__ ersonall, own to mg, or produced
as identification.
(NOTARY SEAL)
tgnature
i'tkY� DAWN BACHAN MUCKUNLALL
MY COMMISSION # DD957868
EXPIRES February 12, 2014
(407) 398 -0153 FlorldallotaryService.com
EXHIBIT " A "
Legal Description
(To Be Provided)
-10-
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 0 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 76'2655" 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 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 61'13'03" 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.
nl '
-i
'' �i'�'ti: �.'.,l :f'•.>'I:.ei J ` "L i.'� ::1 :.� .`Y 7.'. :ice
DESCRII 77ON•
A PORTION OF LOTS 5, 6, 7 AND 8, THE EAST PART OF PHILIP R. YONGE GRANT, SOUTH PART, AS RECORDED IN
FLAT BOOK 1, PAGE 38, OF THE PU3LJC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP
21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIEED AS FOLLCWS�
CC4J,UENCE AT' THE SOUTHWEST CORNER OF I OT 10, CI-IFLSFA PARC AT' TUSCAVJII.J_A PHASE 1, Ati RECORDED IN
PLAT BOOK 45, PAGES 82-53; THENCE ALONG THE SOUTH LINE OF 'TRACT A, CHELSEA PARC AT TUSCA4kALLA
PHASE i. PLAT BOOK 45, PAGES 82 -83 NORTII 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING
THE SOUTH LINE OF TRACT A. CHELSEA PARC AT TUSCAWII..LA, PHASE 1, PLAT BOOK 45, PAGES 82 -83 NORTH
87'21'25" WEST, A DISTANCE OF 529.83 FEET' TO THE POINT OF BEGINNING; THENCE NORTH 87'21'25" WEST, 1,
D15TANCE OF 30.09 FEET; THENCE NORTH 67'55'28' v Sl, A DISTANCE OF 136.13 FELT; THENCE SOUTH 23'12'11"
WEST, A DISTANCE OF 69.56 FEET; THENCE =NORTH 66'47'49" VEST, A DISTANCE OF 151.45 FEET; `THENCE NORTH
22'12'11" EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE
NORTH 001546` EAST, A DISTANCE OF '116.55 FEET: THENCE NORTH 61'13'03" EAST, A DISTANCE OF 11.74 FEET;
"HENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF
193.64 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF MINTER SPRINGS BOULEVARD THENCE ALONG THE
SOUTH RIGHT OF WAY LINE THE FOL.tOCmING TWO COURSES AND DISTANCES: SOLTI-I 89'53'36" EAST, 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 WHICH BEARS SOUTH
81'47'12" EAST; THENCE EAS"'ERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 655.38 FEET; THENCE
DEPARTING THE SOUTH RIGHT OF WAY LINE SOUTH 29'47'02 WEEST, A DISTANCE OF 7.71 FEET TO A POINT OF
CURVATURE OF A NON - TANGENT CURVE CONCAV_ 50l)THERLY HA'ANG A RADIUS OF 2.284.88 FEET, A CENTRAL
ANGLE OF 05'36'44 AND A CHORD DISTANCE OF 22172 FEET WHICH BEARS NORTH 76'26'50" VEST; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 223.81 FEET; THENCE SOUTH 09'07'15" WEST. A
DISTANCE OF 66.53 FEET; THENCE SOUTH 39'50'53" WEST, A DISTANCE OF 52.70 FEET; THENCE SOUTH 45'05'20"
WEST, A DISTANCE OF 29.23 FEET: THENCE NORTH 81'09'05" WEST, A DISTANCE OF 56.32 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 6,00 FEET, A CENTRAL ANGLE OF
34'30'26" AND A CHORD DISTANCE OF 3.56 FEET Vlt;ICH BEARS SOUTH 81'35':2" WESI; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 3.61 °EET; THENCE SOUTH 82'CO'33" WEST, A DISTANCE OF 9.79 FEET:
THENCE SOUTH 57'37'26" VEST, A DISTANCE OF 17.05 FEET TO A (JOINT OF CURVATURE OF A NON - TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 53.50 FEET, A CENTRAL ANGLE OF 103'33'10" AND A
CHORD DISTANCE OF 94.06 FEET WHICH BEARS SOUTH 41'29'22" !VEST: 'THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE A DISTANCE OF 96.69 FEET: THENCE NORTH 86'44'0, ' WEST, A `)ISTANCF OF 47,98 FEET: tHENCE
SOUTH 03'15'37" WEEST, A DISTANCE OF 43.89 FEET; TH ENCE NORTH 96'44'C3' V��_S'f, A DISTANCE QF 108,02 FEET;
THENCE NORTH 89'21'28" VEST. A DISTANCE OF 91.29 FEET; THENCE SOu TH 00'24'22" VEST, A DISTANCE OF 161.61
FEET; THENCE NORTH 89'35'38" WEST. A DISTANCE OF o.03 FEET; THENCE SOUTH, A DISTANCE OF 14.84 FEET;
THENCE SOUTH 48'57'19" EAST, A DISTANCE OF 31.60 FEET; THENCE SOUTH, A DISTANCE OF 43.01 FEET; THENCE
SOUTH 02'25'08" WEST, A DISTANCE OF 71.09 FEET; THENCE SOUTH 65'21'28" WEST, A DISTANCE OF 28.47 FFET;
THENCE SOUTH 34'55'34" VEST. A DISTANCE OF 23.3'1'. FEET ' THENCE SOUTH 35 VEST, A DISTANCE OF 38.42
=EET: THENCE SOUTH 00'16'24" EAST. A CIS "ANCE OF 7,23 FEET TO THE POINT OF BEGININING.
CONTAINING 6.48 ACRES (282,171 SQUARE FEET ), MORE OR LESS.
In cccordonce with CH - 61G17 -
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notction: 511 -ET 1 OF 2
N I 5 IS NUT A SU SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH
BOUNDARY LINE OF CHELSEA PARC AT TUSCAWLLA PHASE
AS BEING N651t'45* W, PER PLAT.
SKETCH OF DESCRIPTION
OF
CONDOMINIUM PARCEL
THE GREENS AT TUSCAWILL.A
r,^,ATE: _. _.�,._�
SCALE: N/A
APPROVED BY; G•IS
JOB NO 7070901
CRAWN BY: Us
r
AMI—=F21GAfV
SuF::zvI rvc--.
& MAF'PINCG INC.
cr'AUICAIMei C, Aul.SONZ NoAdER tapai 3
5010 11. ORLAN00 AYE, SURE 8
WUIER PAM<, FLORIDA 32789
(4 426 -1419
W.AM AN :csSsUFa� "IIC&KOUAIIP Ui(.,CW
1, THE SURVEYOR HAS NOT ABSTRACTED THE
, , .NO SHOWN HEREON FOR EASEMENTS, RIGHT
OF WAY, RESIRICTICNS OF RECORD WHICH MAY
AFFECT THE TI7L.E OR USE OF THE LAND
2. NU IMPROVEMENT'S HAVE BEEN LOCATED.
3, NOT VALID )6ITHGUT 1HE SIGNATURE AND
THL ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER,
4. THIS DOCUMENT CONSISTS OF 2 SHEETS,
GENEL. J. STURGEON, PSN 5866
J+ :'1CDi')p'�1C >C195 „SEA'. =.LI.t COU* :lity Cl'J5' COnSERV�irO`� At.O(:Oti00�!rr :UJA SOD4w7. y1. ^.%Di 5:1 ='SO GM, t;<
1
SKETCH
OF DESCRIPTION:
CONDOMINIUM PARCEL
THE GREENS AT TUSCAVAL A
REV MIST
lj
L
CERWCAnON OT AUTNONURON NUMBER L00393
1030 N. ORLANDO AW SWTC O
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SHEET 2 OF 2 :
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A M E R I CA N
S U RVEYI N G
& M APPI N G INC.
SEE SHEET 1 0
OATS: 07/25/08
SCALE "-120'
REVI
REV MIST
APPROVED BY: 0 `g
JOB N0. 7070901
DRAWN BY: UP
L
CERWCAnON OT AUTNONURON NUMBER L00393
1030 N. ORLANDO AW SWTC O
%WTEN P�A rLaODA 33799
ww.. AYEAIC�WSVRVEMNDs aMa1APP9NO.00Al
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DENOTES CHORD UD76M
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EXHIBIT
C
DESCRIPTION:
A PORTION OF LOTS 5 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 SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE I AS
RECORDED IN PLAT BOOK 45, PAGES 82 -83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA
PARC AT TUSCAWILLA PHASE I AS RECORDED IN PLAT BOOK 45, PAGES 82 -83 NORTH 65'11'45" WEST,
A DISTANCE OF 105.09 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE SOUTH LINE OF
TRACT A NORTH 87'21'25" WEST, A DISTANCE OF 446.41 FEET; THENCE NORTH 00'23'58" EAST, A
DISTANCE OF 168.28 FEET; THENCE NORTH 29'35'27" EAST, A DISTANCE OF 70.03 FEET; THENCE NORTH
00 "04'17" EAST, A DISTANCE OF 125.75 FEET; THENCE SOUTH 88'48'42" EAST, A DISTANCE OF 80.84
FEET; THENCE SOUTH 85'53'45" EAST, A DISTANCE OF 96.79 FEET; THENCE NORTH 68 EAST, A
DISTANCE OF 178.51 FEET; THENCE NORTH 70'22'15" EAST, A DISTANCE OF 109.14 FEET; THENCE NORTH
12'07'45' EAST, A DISTANCE OF 161.19 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WINTER
SPRINGS BOULEVARD, ALSO BEING A POINT OF CURVATURE OF A NON— TANGENT CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 04'04'19" AND A CHORD
DISTANCE OF 162.89 FEET WHICH BEARS SOUTH 75'37'57" EAST; THENCE EASTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 162.92 FEET TO A POINT OF INTERSECTION OF A NON TANGENT LINE;
THENCE 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 276.24 FEET; THENCE SOUTH 01'02'05" EAST, A
DISTANCE OF 114.88 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 WHICH BEARS SOUTH 33'06'57" EAST; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 62.53 FEET TO THE POINT OF BEGINNING.
In accordance with CH- 61G17 -6
of the Florida Administrative Code,
this Description and Sketch of Description
bears the notation:
THIS IS NOT A SURVEY. SHEET 1 OF 2
SEE SHEET 2 OF 2 FOR SKETCH
BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH UNE
OF TRACT A AS BEING N65'11'45'W. PER PLAT BOOK 45,
PAGES 82 -83.
SKETCH OF OF DESCRIPTION
PARCEL E
TUSCAW1U.A COUNTRY CLUB
DATE: umlt4lu/
SC ALE: N/A
APPROVED BY: GJS
JOB NO. 7070901
DRAWN BY. UP
A5hA
A M IEE R 11G.A. N
��URVEYIN+C
8c. M APPINO INC.
CERWICATION OF AUTHORIZATION NUMBER U3#6393
1030 N. ORLANDO AVE, SUITE B
HINTER PARK, FLORIDA 32789
1. THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHOWN HEREON FOR EASEMENTS, RIGHT
OF WAY, RESTRICTIONS OF RECORD WHICH MAY
AFFECT THE TITLE OR USE OF THE LAND
2. NO IMPROVEMENTS HAVE BEEN LOCATED.
3. NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
4. THIS DOCUMENT CONSISTS OF 2 SHEETS.
GENEL J. STURGEON, PSM /5865
DATE:
i
SKETCH OF DESCRIPTION:
PARCEL E
TUSCAWILLA COUNTRY CW8
N
,,Gg ( �Hic
0 60 120
WINTER SPRlG� BOULEVARD
LOT a
N
W
THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH
PUT BOON 1, PAGE 38
2
109 n4
h
N
96.
LOT 5
THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH
PLAT BOOK 1, PAGE 38
I =4'04'19"
L =162.92'
R =2292.44'
CB =575'37'57 "E
C =16289'
N LOT 30
m�
N7e� "
A LOT 39
9
Q l0T 41 LOT 40
LOT 42
lAT 43
LOT
194,766. sq.ft.
4.47 acres
LOT e
THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH
PLAT BOOK 1. PAGE 3B
LEGEND
�64'09'37"
R
2.ss� L =62.53 —
�z
R - SLEW R=55,84'
OENCTES ARC LENGTH
CB =533'06,
DENOTES CHORD LENGTH
C= 59.31'
LOT e
THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH
PLAT BOOK 1. PAGE 3B
LEGEND
OENOTES RADIUS
R
0
DENOTES CENTRAL ANGLE
L
OENCTES ARC LENGTH
C
DENOTES CHORD LENGTH
Co
M's CHORD WRING
(P)
PER PMT
PC
POINT OF CURVATURE
PI
POINT OF DITERSEOTION
NT
POINT OF NON TANGENT
LOT 13
POINT OF BEGINNING
POINT OF COMMENCEMENT
SW CORNER OF LOT 10
CHELSEA PARC AT TUSCAWIILA
PHASE 1. P.B. 48 PG. 82 -83
SHEET 2 OF 2
SEE SHEET 1 OF
OATS: Uy iz4 /U7
SCALE 1" =120'
APPROVED BY: OJS
JOB NO. 7070901
DRAWN BY- Us
A!5PA
AMERICAN
SS U RVEYI N C-
$c MAPPING INC.
CERTIFICATION OF AUTHORIZATION NUMBER LB/8383
1030 N. ORLANDO AVE. SUITE 8
WINTER PARK, FLORIDA 32788
LOT 12
� "� AT -',`
1
TUSCA ASE
BOOK 45, PAGES 82-83)
LOT 11
LN—
.......... ---
---
pp
OO
LOT 80
....^
, TUAIYLM
FOX GLEN AT CHELSEA PARCSC
(PMT BOOK 48, PAGE9 78-82)
CHELSEA PARO AT
N PC
, (PLAT BOOK 45, PAGES 62-83)
TRACT "A"
/ /
10
;LOT
POINT OF BEGINNING
POINT OF COMMENCEMENT
SW CORNER OF LOT 10
CHELSEA PARC AT TUSCAWIILA
PHASE 1. P.B. 48 PG. 82 -83
SHEET 2 OF 2
SEE SHEET 1 OF
OATS: Uy iz4 /U7
SCALE 1" =120'
APPROVED BY: OJS
JOB NO. 7070901
DRAWN BY- Us
A!5PA
AMERICAN
SS U RVEYI N C-
$c MAPPING INC.
CERTIFICATION OF AUTHORIZATION NUMBER LB/8383
1030 N. ORLANDO AVE. SUITE 8
WINTER PARK, FLORIDA 32788
EXHIBIT
D
Easement Description
Status
Conservation Easement over a portion of Parcel K on the (golf Course
I
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 Tuseawilla Greens Site, for Wetland lvfitLgation, Upland
Buffer Preservation, and the Offsite Portion of the Compensating
In- Progress, must be recorded Ix--fore 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 Tusca%xilla Greens through Country
must be in pLtee prior to any Certificate of
5
Club Property
Occupanc
Drainage Easement over the offsite retention ponds to be dedicated to
!n- Progress, mast be recorded before site
6
the City for ins °etion and emergency access
acceptance
Offsite Utility Easement for the portion of die water main located on
In- Progress, must be recorded before site
7
Country Club Property
acceptance
Offsite easement for access to the sto(mwater ponds and
In- Progress, must be recorded before site
8 jeompensating
storage area through the Country Club property
acceptance
To be recorded as part of die plat, which
must be recorded before building; permits
9
Onsite Easements for Utilities, Drainage, Eimer fency Access
can be issued
'ruscawilla Careens developer to
Vacate Existing Sanitary Sewer Easement across'ruseawilla Oreerls
demonstrate easement has been vacated
1
ra rty
prior to buik permit
EXHIBIT
D
TRANSMITTAL MEMORANDUM
TO: Clerk of Circuit Court DATE: Nov. 18, 2011
Recording
Seminole County Courthouse
1750 E. Lake Mary Boulevard
Sanford, FL 32773 RE: WS /Morgran
Our File: 1193
DOCUMENTS OR PAPERS LISTED BELOW ARE ENCLOSED:
PLEASE RECORD IN THE FOLLOWING ORDER:
1. Fifth Amendment to Settlement Agreement ($137.50)
2. Developer's Agreement ($137.50)
3. 2 checks in the amount of $137.50
4. Return envelope
PLEASE TAKE THE FOLLOWING ACTION:
Please record in the order referenced above and return the original(s) in the envelope provided.
THANK YOU.
BROWN, GARGANESE, WEISS & D'AGRESTA,
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, FL 32802 -2873
TELEPHONE: (407) 425 -9566
FAX: (407) 425 -9596
P.A.
Nancy A. Ham, Legal Assistant to
Anthony A. Garganese, Esq.
MARYANNE MORSE
CLERK OF COURT, SEMINOLE COUNTY
1750 E LAKE MARY BLVD
SANFORD, FL 32773
407 -665 -4411
DATE :11/29/2011
TIME:10:53 :14 AM
RECEIPT :1109997
BROWN GARGANESE WEISS ET AL
CODE - 1029
ITEM -01 AGR 10:53:14 AM
FILE:2011128214 BK /PG :O 7671/1268
RECORDING FEE 137.50
Sub. Total 137.50
ITEM -02 AGR 10:53:14 AM
FILE:2011128215 BK /PG:O 7671/1284
RECORDING FEE 137.50
Sub. Total 137.50
AMOUNT DUE: $275.00
PAID CHECK: $275.00
Check #:32132 $137.50
Check #:32133 $137.50
TOTAL PAID: $275.00
REC BY:JUDYECK
DEPUTY CLERK
Have a Nice Day