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HomeMy WebLinkAbout2017 08 02 Public Hearings 400 Ordinance 2017-17 - Metro Church Annexation PLANNING & ZONING BOARD AGENDA ITEM 400 Consent Information Public Hearing X Regular August 2, 2017 Meeting REQUEST: The Community Development Department requests that the Local Planning Agency/Planning & Zoning Board hold a Public Hearing to consider Ordinance 2017-17, which proposes to annex one parcel of land comprising approximately 2.92 acres, located at 300 West S.R. 434 and currently owned by Metro Church of Christ, Inc. SYNOPSIS: The City of Winter Springs Community Development Department received an application for the voluntary annexation of one (1) parcel totaling approximately 2.92 acres in size located at 300 West S.R. 434. Ordinance 2017-17 proposes the voluntary annexation of approximately 2.92 gross acres of property, and a corresponding Annexation Agreement establishes terms for connections to City water and sewer systems. APPLICABLE LAW AND PUBLIC POLICY: Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for ¼ municipal planning be consistent with the Comprehensive Plan) Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions ¼ Florida Statute 171.044 - Voluntary Annexation ¼ Winter Springs Charter Section 2.03. [[1214,2321,1713,2378][12][,I,][Times New Roman]]Annexation procedure. ¼ Winter Springs Charter Article IV. Governing Body. ¼ Section 4.06. General powers and duties. ¼ Section 4.15. Ordinances in General. ¼ City of Winter Springs Comprehensive Plan. ¼ City of Winter Springs Code of Ordinances. ¼ August 2, 2017 Planning & Zoning Board Agenda, Item 400 Page 2 of 3 CONSIDERATIONS: Applicant: HT Real Estate – Orlando, LLC Property Owner: Metro Church of Christ, Inc. Property Location: 300 West State Road 434 (see Exhibit A – Location Map) Tax Parcel Number: 04-21-31-300-0150-0000 Site Information: The 2.92 acre parcel is currently in unincorporated Seminole County and is zoned A-1 (Agriculture) with a future land use designation of Seminole County SE (Suburban Estates). The applicant has petitioned the City to change the future land use designation of the parcel to City of Winter Springs "Commercial" and to rezone the property to "C-1 Neighborhood Commercial." Metro Church of Christ, Inc. is currently in the process of selling the subject parcel to Hobbs & Associates, Inc., a company that provides heating, ventilation, and air conditioning (HVAC) products and engineering services to commercial contractors in the southeastern United States. Hobbs is planning to use the subject parcel as a professional office and training facility for engineering and sales staff. The requested annexation will allow the property to have access to City services, including water and sewer systems. The property is currently connected to City of Oviedo water and is on a septic system. Under the terms of the Annexation Agreement (Exhibit D), the owner will be required to connect to City water and sewer facilities within 13 months of annexation. The surrounding area is generally characterized by single-family residential uses in the City of Winter Springs and the City of Oviedo. The Ladybird Academy daycare is immediately east of the subject property and is in the City of Winter Springs. The northern and western sides of the subject property are the Barrington Estates subdivision within the City of Winter Springs. Access to the property is from an existing driveway on S.R. 434. The area on the south side of the property, across the street from S.R. 434, consists of single-family residential subdivisions in the City of Oviedo. The annexation application was complete and the parcel does not create any enclaves. The subject property is contiguous with the City’s existing boundaries and is currently located in an unincorporated area of Seminole County that is surrounded on three sides by properties in the City of Winter Springs. The annexation request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The City has capacity to provide the subject property with the same urban services provided to other areas of the City, including water and sewer. If the property is annexed, the applicant’s request for a Small Scale Comprehensive Plan Amendment August 2, 2017 Planning & Zoning Board Agenda, Item 400 Page 3 of 3 changing the Future Land Use to City of Winter Springs “Commercial” and the request for Rezoning to City of Winter Springs "Neighborhood Commercial (C-1)" will then be considered by the Planning & Zoning Board and City Commission. In analyzing the annexation request, Staff determined that all statutory requirements related to voluntary annexation have been satisfied. Ordinance 2017-17 (Exhibit B) proposes the voluntary annexation of approximately 2.92 gross acres of property, and a corresponding Annexation Agreement establishes terms for connections to City water and sewer systems. FISCAL IMPACT: Based on the size and assessed value of the existing property, the annual tax revenue to the City is estimated to be $4,500. Future improvements to the property, in conjunction with Hobbs & Associates’ use of the land as a professional office, will likely increase the future annual tax revenue to the City. : COMMUNICATION EFFORTS This Agenda Item has been electronically forwarded to the Planning and Zoning Board members, 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, 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 individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Ordinance 2017-17 was advertised in the Orlando Sentinel on July 23, 2017 (see Exhibit C). STAFF RECOMMENDATION: Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a recommendation of approval to the City Commission for Ordinance 2017-17. ATTACHMENTS: 1.Exhibit A - Location Map 2.Exhibit B – Ordinance 2017-17 3.Exhibit C – Orlando Sentinel Legal Advertisement, July 23, 2017 4.Exhibit D – Annexation Agreement ïûì [[927,1368,978,1418][11][,I,][Z@RA3B6.tmp]]î [[949,1368,1000,1418][11][,I,][Z@RA3B6.tmp]]î [[972,1368,1023,1418][11][,I,][Z@RA3B6.tmp]]ë [[994,1368,1045,1418][11][,I,][Z@RA3B6.tmp]]ï É Û ÝÍ ÌÑ Ì Ô ÑÑ ðíùûèóíî [[933,1457,984,1507][11][,I,][Z@RA3B6.tmp]]è [[955,1457,1006,1507][11][,I,][Z@RA3B6.tmp]]ï [[978,1457,1029,1507][11][,I,][Z@RA3B6.tmp]]ë [[1000,1457,1051,1507][11][,I,][Z@RA3B6.tmp]]ï [[933,1548,984,1598][11][,I,][Z@RA3B6.tmp]]ì [[955,1548,1006,1598][11][,I,][Z@RA3B6.tmp]]ï [[978,1548,1029,1598][11][,I,][Z@RA3B6.tmp]]ë [[1000,1548,1051,1598][11][,I,][Z@RA3B6.tmp]]ï [[931,1629,982,1679][11][,I,][Z@RA3B6.tmp]]ð [[954,1629,1005,1679][11][,I,][Z@RA3B6.tmp]]ï [[976,1629,1027,1679][11][,I,][Z@RA3B6.tmp]]ë [[999,1629,1050,1679][11][,I,][Z@RA3B6.tmp]]ï  [[922,1716,973,1766][11][,I,][Z@RA3B6.tmp]]ê [[945,1716,996,1766][11][,I,][Z@RA3B6.tmp]]ð [[967,1716,1018,1766][11][,I,][Z@RA3B6.tmp]]ë [[990,1716,1041,1766][11][,I,][Z@RA3B6.tmp]]ï ÍÛÉ ÌÌÑÝ ÑÑÔ Ð û ÷äôóúóè ÌÍ [[313,2186,364,2236][11][,I,][Z@RA3B6.tmp]]ð [[336,2186,387,2236][11][,I,][Z@RA3B6.tmp]]ð [[358,2186,409,2236][11][,I,][Z@RA3B6.tmp]]ë [[381,2186,432,2236][11][,I,][Z@RA3B6.tmp]]ï [[481,2187,532,2237][11][,I,][Z@RA3B6.tmp]]ê [[504,2187,555,2237][11][,I,][Z@RA3B6.tmp]]é [[526,2187,577,2237][11][,I,][Z@RA3B6.tmp]]ì [[549,2187,600,2237][11][,I,][Z@RA3B6.tmp]]ï [[1329,2598,1380,2614][4][,I,][Z@RA3B6.tmp]]ê [[1336,2598,1387,2614][4][,I,][Z@RA3B6.tmp]]ì [[1344,2598,1395,2614][4][,I,][Z@RA3B6.tmp]]ê [[702,2640,753,2656][4][,I,][Z@RA3B6.tmp]]î [[709,2640,760,2656][4][,I,][Z@RA3B6.tmp]]ç [[717,2640,768,2656][4][,I,][Z@RA3B6.tmp]]ë ÎÜ ÛÌ×ËÏÍÛÓ ÛÒ×Ð ÷äôóúóèú ORDINANCE NO. 2017-XX ïé AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 2.92 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 300 W SR 434, WINTER SPRINGS; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT A ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS , the City Commission has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS , this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS , upon the effective date of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in Winter Springs Charter, Article II, shall be redefined to include the subject real property; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1.Annexation of Real Property. The area of real property, which is more Exhibit "A," particularly described in the metes and bounds legal description and map attached hereto as is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2.City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter Springs City of Winter Springs Ordinance No. 2017-XX Page 1 of 2 Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 1 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Department of State within thirty (30) days upon said approval and shall provide a copy to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5.Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____________ day of _______________, 2017. ____________________________________ Charles Lacey, Mayor ATTEST: ____________________________ Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ______________________________________ Anthony A. Garganese, City Attorney First Legal Ad: First Reading: Second Legal Ad: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2017-XX Page 2 of 2 ÛÈØ×Þ×Ì Ý ÛÈØ×Þ×Ì Ü íËØÍÜËØÙÛÄÜÏÙËØÉÈËÏÉÎ Anthony A. Garganese, Esquire , P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 CITY OF WINTER SPRINGS ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this _____ day of CITY OF WINTER SPRINGS, FLORIDA ____________________, 2017, by and between the , a Florida Municipal Corporation ("City"), whose address is1126 East State Road 434, Winter METRO CHURCH OF CHRIST, INC. Springs, Florida 32708, and, whose mailing address is 1491 E SR 434, Suite 101, Winter Springs, Florida 32708 ("Owner"). RECITALS: WHEREAS , the City, acting by and through its City Commission, has under consideration a Petition by the Owner to annex its property located generally at 300 W State Road 434, Winter Exhibit "A," Springs, Florida 32708 ("Property") being more fully described in which is attached hereto and made a part hereof by reference, to the City of Winter Springs; and WHEREAS , the property is currently on a septic system and is served by City of Oviedo for water service; and WHEREAS , the parties hereto wish to set forth herein their respective intentions as concerns annexation and the duties, and obligations, and privileges resulting therefrom; and WHEREAS , Owners acknowledge and agree that the City could suffer a loss of revenue and would be unable to ensure adequate services to its own residents if Owners were to annex the Property without utilizing City water and sewer services; and NOW, THEREFORE , in consideration of the mutual covenants herein contained and other good and valuable consideration passing between the parties hereto, receipt and sufficiency of which is hereby acknowledged, be it agreed and committed as follows: Recitals 1. . The parties agree that the foregoing recitals are true and correct and are hereby fully incorporated into this Annexation Agreement by this reference. Effective Date/Termination 2. . This Annexation Agreement shall become effective upon execution by both parties and shall remain in effect until either (a) the Owner abandons its attempts to annex the Property to the City prior to passage of the applicable ordinance effectuating the annexation and amending the boundaries of the City pursuant to the City of Winter Springs (b) the City Commission declines to adopt the Ordinance; or (c) upon passage of the Ordinance, until sewer and/or water service provided by the City is permanently discontinued by the City. Upon termination, this Annexation Agreement shall become null and void and all the parties shall have no further obligations under this Annexation Agreement to each other. Water and Sewer Service 3. . Within 13 months of annexation into the City of Winter Springs, the Owner shall cause the Property to be fully disconnected from the City of Oviedo water service and the onsite septic system and shall connect to the City of Winter Springs water and sewer systems. The applicable City of Winter Springs water and sewer connection fees shall be paid at the time of connection. Unless otherwise agreed in writing by the City, this Annexation Agreement shall not be construed in any way whatsoever as requiring the City to install a sewer and/or water line and related appurtenances thereto which are necessary to connect Owner to the Citys sewer and/or water system, to provide a method for such installation, or to pay 2 for all or any portion of such installation, to the extent that any such lines or related appurtenances are not already installed. It is the Owners sole responsibility to install and pay for the connection to the Citys sewer and/or water system, provided, however, the installation shall first be approved by the City subject to the Citys sewer and/or water connection guidelines. Owner shall comply with all City policies, whether written or otherwise, regarding the connection to, and use of, the Citys sewer and/or water system. The City shall have the right to inspect any and all sewer and/or water lines and appurtenances installed by Owner to connect to the Citys sewer and/or water system. Owner agrees to pay any and all sewer and/or water fees, charges, assessments, and other costs adopted by the City which directly or indirectly relate to the connection to, and use of, the Citys sewer and/or water system. Annexation 4. . Owner acknowledges and agrees that it has submitted a petition for and further hereby consents to the annexation of the Property by, and to, the City. The Citys administrative and advertising costs of the annexation shall be borne by the City. Notwithstanding any other provision of this Annexation Agreement, the decision as to whether annexation of the Property is in the best interests of the City, and should be accomplished under this Annexation Agreement, shall be made according to the sole and absolute discretion of the Commission of the City of Winter Springs. Nothing in this Annexation Agreement shall be construed to create a binding obligation on the City to annex the Property at any time. Eligibility for annexation shall be determined by the City in accordance with Chapter 171, [[298,2718,654,2775][12][,I,][Times New Roman]]Florida Statutes [[624,2718,2300,2775][12][,,][Times New Roman]], the Charter of the City of Winter Springs, and such ordinances as adopted by the 3 Commission of the City of Winter Springs. A determination by the City that the Property is eligible for annexation shall be binding on the Owner. Owner hereby waives any right to object to, or appeal, the Citys decision to annex the Property. Furthermore, Owner hereby agrees not to register any written or verbal opposition to the Citys annexation of the Property. Zoning And Comprehensive Plan Designations For Annexed Property 5. . The City agrees that the Commission of the City of Winter Springs shall consider annexing the Property with a future land use designation of Commercial and zoning district of C-1 Neighborhood Commercial, pu. The City zoning and comprehensive plan land use designation shall be considered by the Commission for approval, disapproval, or modification pursuant to applicable state and local law. In no way whatsoever shall this paragraph be construed as a contractual obligation of, or promise by, the City to give the Property a predetermined City zoning and comprehensive plan land use designation. It is understood and agreed that Owner will pay the fees, costs, or expenses that are customarily charged by the City on account of or in and consulting fees and staff time, as may be determined to be necessary by the City. Owners Representations and Warranties 6. . Owner represents and warrants that Owner possesses fee simple title to the Property, that Owner has full power and authority to enter into this Annexation Agreement, that the undersigned is vested with full authority to execute this Annexation Agreement on behalf of the Owner, and that upon execution of this Annexation Agreement the same will be fully binding and enforceable according to its terms. 4 Recordation 7. . The Owner agrees and consents that this Annexation Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Seminole County, Florida, and that all costs of recording shall be paid by the Owner. Binding Effect. 8. Both parties agree to sign all papers necessary to carry out the foregoing Annexation Agreement. The provisions of this Annexation Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties. Limitations of Remedies. 9. The parties hereby agree not to pursue an award of monetary damages for a breach by or non-performance of the other party under this Agreement. The only remedies of the other party available against the non-performing party under this Agreement shall be either to withhold further performance under the Agreement until the non- performing party cures the non-performance, or to seek a court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non-performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of either party to pursue any and all available remedies if any, under non--performance under the Agreement so long as damages are not sought. The City will not waive sovereign immunity and does not waive sovereign immunity to any extent by reason of this Agreement, and in the event Owner seeks any relief against the City, the City may rely on any available defense arising out of its sovereign immunity. In the event a court order is issued declaring non-performance by either party, the non- performing party shall be required to reimburse the other party any actual and reasonable expenses 5 Development Permits. 10. grant or properly 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 Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term or conditions of this Agreement. Attorneys Fees 11. . In the event of litigation arising out of or relating to this Annexation Agreement, each party shall bear their own attorneys fees and costs. Counterparts 12. . This Annexation Agreement may be executed in several counterparts and each counterpart shall constitute an original. Headings 13. . All headings in this Annexation Agreement are for convenience only and shall not be used to interpret or construe its provisions. Severability 14. . If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Annexation Agreement, and this Annexation Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. Waiver 15. . Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Owner. 6 Governing Law/Jurisdiction 16. . The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder. For purposes of state court action, venue shall lie in Seminole County, Florida, and for purposes of federal court action, venue shall lie within Orlando, Florida. Notices 17. . All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: City of Winter Springs City Manager City of Winter Springs City Hall 1126 East State Road 434 Winter Springs, Fl. 32708-2799 Phone: 407-327-1800 Fax: 407-639-7575 TO THE OWNER: ____________________________ ____________________________ ____________________________ ____________________________ Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner 7 set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. Drafting 18. . City and Owner each represent that they have both shared equally in drafting this Annexation Agreement and no party shall be favored or disfavored regarding the interpretation of this Annexation Agreement in the event of a dispute between the parties. Sovereign Immunity 19. . Nothing contained in this Annexation Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Modification 20.. This Annexation Agreement shall only be modified by a written instrument executed by the parties hereto or any successors, assigns, heirs, or representatives thereto. IN WITNESS WHEREOF , the parties hereunto set their hands and seals the day and year first above written. [[300,1795,916,1852][12][,I,][Times New Roman]]Signed, Sealed and Delivered [[892,1795,942,1852][12][,I,][Times New Roman]] [[900,1795,950,1852][12][,I,][Times New Roman]] [[1050,1795,1100,1852][12 ][,I,][Times New Roman]] [[1200,1795,1250,1852][12][,I,][Times New Roman]] [[300,1853,703,1910][12][,I,][Times New Roman]]in the presence of: [[671,1853,721,1910][12][,I,][Times New Roman]] _______________________________ _________________________________ J. Douglas Meyers : ______________________ Print Name _______________________________ : ______________________ Print Name _______________________________ STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this ____ day J. Douglas Meyers, of __________,2017, by as Executive Minister of Metro Church of Christ, Inc., who is personally known to me, or who has produced _______________________ as identification. ____________________________________ ___ 8 NOTARY PUBLIC CITY OF WINTER SPRINGS, ATTEST: FLORIDA: ________________________________ : _________________________________ By ANDREA LORENZO-LUACESCHARLES LACEY , Mayor City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this ______ day of __________________, 2017, by CHARLES LACEY, Mayor of the City of Winter Springs, who is personally known to me. _______________________________ NOTARY PUBLIC 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 10