Loading...
HomeMy WebLinkAboutThe Offices at Winding Hollow, LLC Lot Split Developers Agreement 2013 01 14 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07978 Pps 1443 - 14501 (Bpps) CLERK'S it 2013030422 RECORDED 02/28/2013 02141110 PM RECORDING FEES 69.50 THIS INSTRUMENT WAS PREPARED BY RECORDED BY S Maguire AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss&D'Agresta,P.A. 1 l l N. Orange Avenue, Suite 2000 Orlando,FL 32802 (407)425-9566 FOR RECORDING DEPARTMENT USE ONLY LOT SPLIT DEVELOPER'S AGREEMENT THIS LOT SPLIT DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this /4/ day of l�nkn r , 2013, 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, THE OFFICES AT WINDING HOLLOW, LLC., a Florida Limited Liability Company, whose principal address is 3437 SE Ankeny St., Portland, OR 97214 ("Developer"). WITNESSETH: WHEREAS, this Agreement is related to certain real property located in Seminole County, Florida and more particularly described on EXHIBIT "A", which is hereby fully incorporated herein by this reference (the "Property"); and WHEREAS, Developer is, or will be at the time this Agreement is recorded, the current fee simple owner of the Property; and WHEREAS, Developer previously requested that the City Commission grant a lot split application affecting the Property, which was approved by the City Commission pursuant to Resolution 2012-43 subject to terms and conditions memorialized in a developer's agreement; and WHEREAS, the Developer desire to construct an office park on the Property in a manner compatible to the surrounding Winding Hollow Subdivision and surrounding neighborhood; and WHEREAS, in furtherance of Resolution 2012-43, Developer and the City desire to enter into this Agreement to effectuate the lot split and the development of the proposed office park; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 1 of 6 1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Agreement shall be AnHMSj iN( o)DI3 ("Effective Date"). 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Acquisition of Property. Developer agrees to purchase the Property within six (6) months of the Effective Date of this Agreement. Developer may request a six (6) month extension of this time period upon written request to the City. If Developer fails to complete the purchase within said time period (as may be extended by the City), this Agreement shall automatically be deemed null and void and terminated. 4.0 Professional Office Park. Upon purchase of the Property, the City and Developer agree that the Property shall be developed as a professional office park in accordance with all applicable requirements of the City Code unless otherwise mutually agreed to by the parties. 5.0 Administrative Rezoning of Property. In order to facilitate the development of the Property in a manner compatible with the surrounding area, the City agrees, upon the Effective Date of this Agreement, to advertise and proceed with public hearings to amend the Property's Official Zoning Map classification from City "C-2 General Commercial"to City "C-1 Neighborhood Commercial." The aforementioned zoning map amendments shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Developer will fully cooperate with the City to achieve the amendment on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City, if necessary. Developer also agrees not to contest or object to the rezoning of the Property in any manner whatsoever. However, the parties agree that final adoption of the rezoning ordinance will not occur until such time as lot split Resolution 2012-43 is recorded in the Official Records of Seminole County, Florida by the City. 6.0 Application of the SR 434 General Design Standards for New Development Area. Developer agrees that the Property shall be bound by the provisions of the SR 434 General Design Standards for New Development as set forth in Section 20-461 et. seq. of the City Code. 7.0 Recordation of the Lot Split Resolution 2012-43. Resolution 2012-43 shall not be recorded until such time this Agreement is fully executed by the parties, Developer completes the purchase of the Property pursuant to Section 3.0 of this Agreement, and the conditions set forth in Section 8.0 of this Agreement have been satisfied by the Developer. 8.0 Title Report; Recording of this Agreement. Within five (5) days of closing on the purchase of the Property, the Developer shall submit to the City's Community Development Department Director a title report, certified to the City, evidencing that Developer is the record Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 2 of 6 owner of the Property and listing any mortgages, liens or other encumbrances on the Property. If the title report lists any mortgage or lien holders affecting title to the Property, Developer shall be required to obtain written, duly executed joinders from said holders consenting to the terms and conditions of this Agreement. This Agreement shall be recorded by the City at such time the City determines, based on the title report and its own due diligence, the Developer is the record owner of the Property and all mortgage and lien holders have consented in writing to the terms and conditions of the Agreement. This Agreement will, when duly executed and delivered by the City and Developer 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. 9.0 Representations of the Parties. The City and Developer 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. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 10.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 11.0 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. 12.0 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. 13.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 14.0 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. 15.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. This Agreement is not binding upon the City unless approved by the City Commission and executed by the Mayor. Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 3 of 6 16.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer 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. 17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or 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 two hundred thousand dollars ($200,000.00), 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 three hundred thousand dollars ($300,000.00). 18.0 City's Police Power. Developer 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. 19.0 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. 20.0 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. 21.0 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. 22.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall bear their own attorney's fees and costs. 23.0 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 Developer 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 Developer is in breach of any term and condition of this Agreement. Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 4 of 6 24.0 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. 25.0 Termination. Unless termination of this Agreement is expressly authorized elsewhere in this Agreement, this Agreement may be terminated by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS B : 4 44,4 By: . es Lace 70.- ATTEST: By - zne Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY '',, '` For the use and reliance of the City of Winter Springs, , 3y si,, Florida only. .aaa , ,,�,••,,, a. a Date: iy i3• oir , �:• cs9 .h. :: ' i y Anthony A. Garganese, City Attorney for• Q a \.: the City of Winter Springs, Florida•/, • as s ,e; �•••aaaaaaa Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 5 of 6 Signed, sealed and delivered in the THE OFFICE OF WINDING HOLLOW, a presence of the following witnesses: Florida limited liability company • By: Rick A. Sa u anager Signature of itness VGCtvrtGL Fad-,r i//�� Printed Name of Witness Date: /u0 3 : � !r Signatur of Witness Printed N.1 e of Witness STATE OF Of.e9D COUNTY OF Milt-ionut The foregoing instrument was acknowledged before me this (D day of , 2013, Rick A. Saturn, as Manager of, The Offices of Winding Hollow, a Florida limited liabi ity company, on behalf of said company. He is personally known to me or produced PevSorNall jk: as identification. (NOTARY SEAL) Ve171,0-di (Notary Public Signature) VI.ttertt■ T--0011— (Print Name) � OFFICIAL SEAL Notary Public, State of Orn 1criiir?. VICTORIA R FOCHT Commission No 41- 5 NOTARY PUBLIC-OREGON L'; COMMISSION NO.459815 My Commission Expires: *I IS-10)1r' MY COMMISSION EXPIRES JULY 05,2015 Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 6 of 6 • , , > WW .X -iO 'T) C7DW -0 -ID ° CO F9Or Ol mrn O cam D = m _ DI c C") 0) � m -0 Cl) m < zx � O g"' Z pZ omp x I ' 1 00 Z 0D CO -I X n -1 � 0 0Z 0 = � Z 00 ,�.. = D � O m -<" 2rnmprn � nOrn W Z -0073o m r � � � up r--h ZW OZ " = c woo (n mC * -I mEI Om -1 O > C D 0 z m rD = _°m C �_ o Z ° M O Z D (% MZU� rri r W DO mcn PI -I DmW U "' CX) U) r c,.1 p Z �) < . Io cn3> 0 - I n ° D J C m O OZ °D mCn � r Z m7) 1QJ D D OO � D Z Om 1000 ° O Z rn �I D o " �) O m cn � N o -° o � O * - o 0 io r � rti � D nm N_ 2 t J _ Oz 62 ° z G' 00 -OK S O O v0 Z ° O Elo D � Ln ° m V) rnrn Om pN m = 0 O DrnOp r (J71rn- ° O O z W r Z vrni cn -iZ2Nczirno c � O O C C o -< o � � WC �� 0 2 D" -° � _ -1 Z n � D rn m < ,�,^ m rO6 -1m * O� mm N VJ Z ---I - = -4NO0 o0 C -C) D rn - 1 , � 7) 71 < X rrT1 D 0 rn 0 I- - 0 -I m o � = -r, m Dn Om v T co > = m . m 0 F91 m zrn o70 0TI M U) _ O U1P1 mZ V, r m O cm O D W K Oi = Z Ozz ° Cu pD m r W C 1 z rvr01 ° -Iprx rn _A O pO Z 2pii nm C) X � On OOOT * N� rnO CC) '1 m C) m Z p rn i Om Wm 0 DI=TI mz 7) D pG 1n r0 0 DO o � D Or 7DO z = o0 -PO 1� 1n D• -t m vm m _ rN ` O K � � m OO ° DDm0z 0 -0 O � Cr OZ xr -Z1 U' m mI rn m� rnD-1 Z om � � rn 4 -P SKETCH OF DESCRIPTION . OF (THIS IS NOT A SURVEY) STATE ROAD 434 131.50' R/W (FOOT RIGHT OF WAY MAP SECTION 77070-2516) 214.97 N83'53'1Z"E N83'53'17"E 215.03' I y o o 5 ''t ° -4 ci o a' N NORTHEAST PARCEL r4 N NORTHWEST PARCEL (NOT INCLUDED) 9, N N 53,087 sq. ft. > 0 U A 8 1.2187 acres 48'59.N w s 5.00' ^' N83'48'59"E a- i to 5.00' tea - No -or w ;9..- .8-`S' 219.97' o ca 0 N83'83 17"E S83'S3'17"W 220.02' Si' Q m N83.53'17"E 220.02' In 0 POINT OF BEGINNING !� u,r (NORTHWEST PARCEL) Z 0 z 0 TA O = Z O f 0 A o °p o y 8 r o z p r O N ITO z . i f 0 0 CPI r 5 v 0 N m= 0 2 In m SOUTHEAST PARCEL +v�n ^' CEL u v 126,656 sq. ft. r co > LA SOUTHWEST PAR O 2.91 acres to o x z o o m 126,764 sq. ft. ? 01 m 0 o T 2.9101 acres C v J LP -°% r (N07 INCLUDED) cn fT<] nI v f v (n 0 Ot (T N v m Z O O A V 0 7 WINDING HOLLOW BLVD NE EAST RIGHT WENDINRIGHT OLLOW BLVDNE SOUTH LINE OF LOT 25 S63'48'59"W 220.02' 583'48'59"W 219.97 N 83'0'59"E 280.03' NORTH LINE OF WINDING HOLLOW UNIT 94T96) BOOK 47, POINT OF BEGINNING (SOUTHWEST PARCEL) POINT OF COMMENCEMENT (NORTHWEST PARCEL) 110 FLORIDA POWER k LIGHT COMPANY SW CORNER, LOT 25, BLOCK D D R MITCHELL'S SURVEY OF THE LEVY GRANT R/W AGREEMENT (ORB 183, PAGE 132 PLAT BOOK 1, PAGE 5 AND ORB 148, PAGE 79) SHEET2OF2 NOT WITHOUT THE HENRICH—LUKE & ORIGIVNALDRAI ED SEAL OF IANFLORIDA LICENSED SWAGGERTY LLC SURVEYOR AND MAPPER. Job No: E-8691 surveyors&mappers ' ►�Wale Street Date: 10-18-12 IV L1 s 1 101 Drawn By: SEE SHEET 1 OF2 take sled,,12740 y: MIL 1 FAX(404'647-7346 Scale:Scale: i 100' FOR DESCRIPTION thensed eur 7270 AND SIGNATURE �.. MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07978 Pp 1451 - 1452; (2pgs) CLERK' S # 2013030423 y'THIS INSTRUMENT PREPARED BY: RECORDED 02/28/2013 02:41:10 PM RECORDING FEES 18.50 Sidney L.Vihlen,III RECORDED BY S Maguire Vihlen&Associates,P.A. i' Attorneys at Law 1540 International Parkway,Suite 2000 '..s Lake Mary,Florida 32746 '' ., i JOINDER,CONSENT AND SUBORDINATION The undersigned hereby certifies that it is the holder of a first mortgage recorded on January 30, 2013 in Official Records Book 7953, page 1803, of the Public Records of Seminole County, Florida and a second mortgage recorded on January 30,2013 in Official Records Book 7953,page 1806,of the Public Records of Seminole County,Florida upon the following described real property also located in Seminole County, Florida: A portion of Lot 25, Block D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, according to the Plat thereof recorded in Plat Book 1,Page 5,Public Records of Seminole County,Florida,more particularly described as follows: Begin at the Southwest corner of Lot 25,Block D,D.R.MITCHELL'S SURVEY OF THE LEVY GRANT, according to the Plat thereof, recorded in Plat Book 1, Page 5, Public Records of Seminole County,Florida;thence run North 07 degrees 01'30"West along the West line of said Lot 25,a distance of 576.34 feet;thence run North 83 degrees 53'17"East, a distance of 220.02 feet to a point on the West right-of-way line of Winding Hollow Boulevard, according to the Plat thereof, recorded in Plat Book 47,Pages 94 through 96, Public Records of Seminole County,Florida;thence run South 07 degrees 01'30"East along said West right-of-way line, a distance of 576.07 feet to a point on the South line of aforesaid Lot 25,Block D;thence run South 83 degrees 48'59"West along said South line a distance of 220.02 feet to the Point of Beginning. Further,the undersigned hereby joins in and consents to the Lot Split Developers Agreement, dated January 14, 2013 by and between the City of Winter Springs and The Offices at Winding Hollow,LLC and agrees that both its first and second mortgage shall be subordinate to the Lot Split Developers Agreement and each of the matters contained therein. Signed, sealed and delivered FLORIDA TRUST AD n i S 'r ,TION,LLC, as Trustee f .• Flo:a . ' ► ►Land Trust 44161r714-- r* Witness Signtune,-, ��!�, Name Printed: Gary Me /j"[ "r z Title: Manager Witness Name Printed ---- __,21,0,,b,± ._. Wi ess Signature bp Lao ie v4, 4-, Witness Name Printed Page 2 Joinder,Cot►sent and Subordination STATE OF FLORIDA } COUNTY OF SEMINOLE } The foregoing instrument was acknowledged before me on this the Lday of February, 2013, by Gary Medley , as Manager of FLORIDA TRUST ADMINISTRATION,LLC, as Trustee of a Florida 689.071 Land Trust, who is personally known to me, or who produced f_e rSon Ci 11 ryur t as identification, and who did take an oath and acknow edge that the foregoing Joinder, Consent and Subordination was executed for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of RIruQritt— , 2013. (SEAL) 1 may, _ _ WILMA MACNEILL 1 Id a lt. C 1 ��� Noary Public•a�a Rsries � • My Com m.Expkss tact 27,2011 Notary Public, State of Florida 1 •a Commission N EE 215421 ` ` I •.���� Bonded Through National Notary Assn. 0 /l/��GC. Prepared by and return to: NVnthony A. Garganese, Esq. 111 N. Orange Ave., Ste. 2000 m o Orlando, FL 32801 g x o RESOLUTION NO. 2012-43 < g in a 14. A RESOLUTION OF THE CITY COMMISSION OF THE I i$ v o n CITY OF WINTER SPRINGS, SEMINOLE COUNTY, �S ( o FLORIDA, PROVIDING FOR THE DIVISION OF AN g a ORIGINALLY PLATTED LOT OWNED BY WINTER 0- c, SPRING LAND LTD.AND GENERALLY LOCATED ON THE ° " SOUTHWEST CORNER OF THE INTERSECTION OF E STATE ROAD 434 AND WINDING HOLLOW BOULEVARD, WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide an originally platted single lot; and WHEREAS,section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Winterspring Land Ltd. (hereinafter "Owner") is the owner of certain real property generally located at the southwest corner of State Road 434 and Winding Hollow Boulevard in Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission finds that Owner has satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS,the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Resolution No.2012-43 Page 1 of 3 SPRINGS HEREBY RESOLVES,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. Subject to the terms and conditions required by the City Commission at the December 10, 2012 public hearing on this Resolution, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located at the southwest corner of State Road 434 and Winding Hollow Boulevard,legally described in"Exhibit A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots. Such lots are more particularly depicted and legally described in "Exhibit B," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission,or parts of prior resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 4. Severability. If any section,subsection,sentence,clause,phrase,word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole County,Florida simultaneously with the binding development agreement memorializing the terms and conditions of the lot split. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split upon recordation of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and a binding development agreement being approved and executed by the City and the property owner of the southwest parcel memorializing the terms and conditions of the lot split required by the City Commission in accordance with the public hearing on December 10,2012. If the binding development agreement is not fully executed by April , 2013,this Resolution shall be deemed null and void. [EXECUTION PAGE FOLLOWS] City of Winter Springs Resolution No.2012-43 Page 2 of 3 • • ADOPTED by the City Commission of the City of Winter Sprit;g ,T1'ohida;,t,his 10th day of December, 2012. ... ' p> , `_.ED •• ., l t.Y � '� t� 44 i/ qtr �/ Cha es Laceq, i I ytir i1i ATTEST: +,!!,},�'2••....•J � ;�� • I . el irrenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No.2012-43 Page 3 of 3 . Resolution No.2012-43 EXHIBIT"A" Legal Description: Lot 25,Block D of D.R.Mitchell's Survey of the LEVY GRANT,according to the plat thereof as recorded in Plat Book 1,Page 5 of the Public Records of Seminole County,Florida. [Seminole County Parcel Id:26-20-30-5AR-OD00-0250] Pp@ EXHIBIT SKETCH OF DESCRIPTION 8 (THIS IS NOT A SURVEY) Pale- i e4.Z,. DESCRIPTION - (SOUTHWEST PARCEL): A PORTION OF LOT 25, BLOCK 0, D R WAWA SURVEY OF THE LEW GRANT ACCORDING TO THE PLAT THEREOF, RECORDED Al PLAT BOOK 1, PAGE 5. PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTIWURLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER Of LOT 25. BLOCK D. 0 R MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING TO THE RAT THEREOF. RECORDED IN PLAT BOOK 1. PAGE 5, C RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE RUN N07'01'30'W ALONG THE WEST UNE OF SAID LOT 25. A DISTANCE Of 576.34 FEET: DUNCE RUN N11313'17'E A DISTANCE OF 220.02 FEET TO A POINT ON THE WEST RIGHT OF WAY UNE Of INNOING HOLLOW BOULEVARD. ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 47, PAGES $4 THROUGH 9B. PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA: THENCE RUN 501.01'30'E ALONG ENO'WEST RIGHT OF WAY UNE A DISTANCE Of 576.07 PEET TO A POINT ON THE SOUTH LINE Of AFORESAID LOT 25. BLOCK D; THENCE RUN S$3'46'S9'W ALONG SAC SOUTH UNE A DISTANCE OF 220.02 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 2,9101 ACRES, MORE Co LESS. DESCRIPTION - (NORTHWEST PARCB A PORTION Of LOT 25. BLOCK 0. 0 R MITCHELL'S SURVEY Of THE LEVY GRANT ACCORDING TO THE PUT THEREOF. RECORDED IN PLAT BOOK I, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA: MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK 0, 0 R MRCHEU S SURVEY OF THE LEVY GRANT. ACCORDING TO THE PLAT THEREOF.MORON IN PUT BOOK I, PAGE 5, PUBUC RECORDS OF 5011101E COUNTY, FLORlbk THENCE RUN NOTO1'30'W ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF 576.34 FEET FOR A POINT OF BEGINNING: THENCE CONTINUE NGTO1'30"W ALONG SAID WEST UNE A DISTANCE Of 245.03 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF STATE ROAD 434: THENCE RUN 04753'I7'E ALONG SAID SOUTHERLY RICH OF WAY UNE A DISTANCE Of 215.03 FEET TO THE INTERSECTION Of SAID SOUTHERLY RIGHT OF WAY LINE AND THE WEST RIGHT OF WAY LINE Of WINDING HOLLOW BOULEVARD, ACCORDING TO THE PUT THEREOF. RECORDED NI RAT BOOK 47. PACES 94 THROUGH 96, PUBLIC RECORDS Of SEMINOLE COUNTY. FLORIDA: THENCE RUN THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG SAID WEST RIGHT Of WAY UNE: S07OI'30'E A DISTANCE Of 162.99 FEET. N113'45'S9•E A DISTANCE OF 5.00 FEET, SGTOI'30'E A DISTANCE OF 52.02 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY UNE. RUN S$3'53'17'W A DISTANCE OF 220.02 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAIN* 1.21$7 ACRES; MORE OR LESS. SEE SHEET 2 OF2 FOR SKETCH I-- c-1 cD 1 _z czc z z SHEET t 0F2 nor Vxo IMAM ONE 1110M TUIC•AS nNC HENRICH-LUKE& , ,"MIC, A' OW,COMM Cp SWAGG ER7Y, LLC Job No: E-8891 +� sersivraa moppets Dale: 10-1 8-.12 W 1 sW UN B)".. YIL. -J Scale: 1'�tOW Mark I. Luke NM+lor}Y0°a.Nr w Sere Professional Surveyor OIL Hopper Florida Registration 15006 EXHIBIT SKETCH OFo DESCRIPTIO CRS IS NOT A SURVEY) Pail- 2 ° 2. STATE ROAD 434 131.50' »ap..261111 ta. (M °I "‘I 4 s. I `a'n i s 51A57 outs i $ 'W $ 48"0 7 �'17E 219.9T �� ggsg3'17"W 220.02' ICY piss 17 220.02 �l PAUL)PONT CC 0106111010 Z v ci z s o 6 S `S el S 8_ 4 ° o + N It 1, % r'it scummy Poon. Pt — IA sow Pt? 8:g 128,600 i Y L 116.78 •Pt? t P..$ 1.101 oe a i C t `� ) a I1• o a Y Il V 0 vmw" lw BL°E at si RO Of �`r i VOWING SOUA/1 we or LOT 25 219.97 say48'99'N4 220.02• •49'99'W - --"- .►... N saws'ss'a 20203' rR110r y- C7 Now a,ItaIau{o Csoufluor'Mes)_ t— G ++ J s t10NT v SW▪ COWER a OCK 0 ,iv a ao► "aw tia.mac° ''s d 0 R•wTC ELL11 NOM Of THE MY WINO 11/M rp.NaE>st -- r1AT 800K 1. M4E S F� = Q Z S11ET20F2 = C. Not wo roTNOUT aE snn[AND,iu . >- c HENR/CH--LUKE& mom. srw,0/A NORM MN= I- SWAG LLC toa No: c x881 CI cc C� a Cols. 10-18-14 Mod t�1 +w MI Drawn 8y: w� SEE SHEET f OF W u�.wrim seals: x.100' FOR DESCRIPTION TURE