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Home My WebLink About2018 01 08 Public Hearing 400 Ordinance 2017-13, Second Reading, 419 Metal Recycling Small Scale Future Land Use Map AmendmentCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular January 08, 2018 KS BF Regular Meeting City Manager Department The Community Development Department requests the City Commission hold a Public Hearing to consider: 1) Second Reading and adoption of Ordinance 2017 -13 which proposes the Small -Scale Future Land Use Map Amendment of several parcels totaling approximately 3.4 acres, generally located north of State Road 419 near Layer Elementary School; and 2) A Developer's Agreement between the City and 419 Metal & Auto Recycling Center, Inc. SYNOPSIS: The Community Development Department has initiated the request for a Small Scale Future Land Use Map Amendment for several parcels totaling approximately 3.4 acres, generally located north of State Road 419 near Layer Elementary School. Ordinance 2017 -13 proposes to change the Future Land Use Map designation of the property from City of Winter Springs "Commercial" and "Undesignated" to City of Winter Springs "Industrial." An associated Developer's Agreement is also submitted for the City Commission's approval. CONSIDERATIONS: TRAIL MISSING LINK BACKGROUND INFORMATION: A gap in the Cross - Seminole Trail, referred to as the "Missing Link," has existed for years between Layer Elementary School and the western end of Old Sanford Oviedo Road, a distance of approximately 0.6 miles (see Exhibit A). The primary reason for the gap has been the lack of available right -of -way sufficient for the trail, which for the vast majority of Public Hearings 400 PAGE 1 OF 7 - January 08, 2018 the trail within Seminole County is located on lands owned by the State of Florida, with Seminole County serving as the managing entity. A solution to close the gap has been in development for several years and generally involves a three way swap of land between the City of Winter Springs, the State of Florida Office of Greenways and Trails, and 419 Metal Recycling (Mr. Bart Phillips). Under the terms of the proposed land exchange (or "swap "), the following actions are planned: • Mr. Phillips donates land along the State Road 419 frontage to the City for the trail (approx. 1.36 acres) • The City conveys the State Road 419 frontage land (approx. 1.36 acres) to the State for the trail right -of -way, which will then be constructed, operated, and maintained by Seminole County • The State conveys lands to the City at Magnolia Park (approx.. 0.44 acres), the site for future construction of a planned City amphitheater • The State conveys a small parcel to the City (approx.. 0.1 acres), referred to as the "nub parcel" between Layer Elementary School and the 419 Metal Recycling property, and then the City conveys this parcel to Mr. Phillips • The City permits the trail to be constructed within a section of unimproved City right - of -way extending from State Road 419 to Old Sanford - Oviedo Road A Developer's Agreement between the City and 419 Metal Recycling/Phillips has been prepared to facilitate and memorialize the terms and conditions of the land conveyance from Mr. Phillips to the City (see Exhibit C), covering the following items: • Mr. Phillips to convey the future trail property to the City, as described above • City conveys the 0.1 -acre "nub parcel" to Mr. Phillips (after receipt from the State) • Identification of the limits of the "Recycling Property" where 419 Metal Recycling is authorized to operate • Mr. Phillips to complete construction of a 10 -foot screen wall at the perimeter of the Recycling Property and surrounding area • City provides setback relief for non - recycling lands owned by Mr. Phillips adjacent to the trail right -of -way In conjunction with the Developer's Agreement, the City is processing a Future Land Use Map (FLUM) Amendment (Ordinance 2017 -13) and Rezoning (Ordinance 2017 -14) of a 3.4 -acre land area, owned by Mr. Phillips, that will be the front (southern) portion of the 419 Metal Recycling site. The purpose of the FLUM amendment and Rezoning is to unify the land use and zoning designation for the portion of the Phillips property that is to operate as a recycling business (the "Recycle Property "). FUTURE LAND USE MAP AMENDMENT: APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.3174 (4) Florida Statute 163.3187 Amendment of adopted comprehensive plan; Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Winter Springs Charter Section 4.15 Ordinances in General; Winter Springs Article III. Comprehensive Plan Amendments; Section 15 -30. Authority, purpose and intent; Public Hearings 400 PAGE 2 OF 7 - January 08, 2018 Section 15 -35. Review Procedure; Section 15 -36. Review criteria; Section 15 -37. Local Planning Agency Review and Recommendation: Florida Statutes 163.2511- 163.3246 Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20 -31. APPLICANT AND PROPERTY INFORMATION: . Property owners: • Bartholomew D. & Cynthia D. Phillips • State of Florida - Trustees of the Internal Improvement Trust Fund (TIITF) - Office of Greenways and Trails . Parcel Identification Numbers: • 34- 20- 30 -5AW- 0000 -0330 • 35- 20 -30- 300 - 0010 -0000 o 35- 20 -30- 300 -OO1A -0000 (partial) . Current FLUM Designation: • City of Winter Springs "Commercial" • City of Winter Springs "Undesignated" . Proposed FLUM Designation: City of Winter Springs "Industrial" . Previously Approved Development permits such as conditional use, waiver, or variance (if any): N/A . Pending Code Enforcement Actions (if any): No current Code Enforcement actions . Ci , Liens (if any): No known City liens COMPREHENSIVE PLAN ANALYSIS: Justification for Future Land Use Designation - Through Ordinance 2017 -13, the City is requesting a change from the City of Winter Springs "Commercial" and "Undesignated" to the City of Winter Springs "Industrial" future land use designation on the 3.4 acre area. The requested future land use map designation is designed to integrate the subject parcels into the surrounding industrial land uses. CONSISTENCY WITH THE CITY'S CODE OF ORDINANCES: Section 15 -36 Review Criteria The recommendation of the Staff shall be based on the following minimum factors, if applicable: Public Hearings 400 PAGE 3 OF 7 - January 08, 2018 1) Whether the proposed amendment will have a favorable or unfavorable effect on the city' s budget, or the economy of the city or the region; Converting the subject parcel will have neither a favorable nor unfavorable effect on the city's budget, or the economy of the city or the region. The requested future land use map designation change will convert the subject property to "Industrial" which is the prevailing land use in the area. 2) Whether the proposed amendment will diminish or negatively impact the level of service (LOS) of public facilities; Based on the information below, Staff has determined that the proposed amendment does not negatively impact the LOS of public facilities. ROADS /TRAFFIC CIRCULATION. The subject property is accessed from Wade Street via State Road 419, a two -lane FDOT arterial roadway. The proposed amendment will not result in an increased traffic generation from the subject property, based on the list of permitted uses in the Industrial Zoning District (I -1). State Road 419 has a current average daily traffic volume of 17,400 (per FDOT) and an acceptable level of service of "D." POTABLE WATER: The City has potable water facilities available to serve the subject property. The water service consists of an existing 8 -inch water main along Wade Street and Old Sanford - Oviedo Road. WASTEWATER: The City has an existing 4 -inch force main along Old Sanford - Oviedo Road that is available for wastewater service to the subject parcels. RECLAIMED WATER: Facilities serving the subject property: None currently. ELECTRIC SERVICE: Facilities serving the subject property: Duke Energy currently serves the surrounding parcels. SOLID WASTE: Facilities serving the subject property: The City of Winter Springs serves the property through a franchise agreement with Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to the subject parcels. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. Upon future site development, the site may be required to provide onsite stormwater management facilities, in accordance with the applicable St. Johns River Water Management District (SJRWMD) and City of Winter Springs criteria. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are averaged monthly. It is not anticipated that the change in land use will affect the response times. Public Hearings 400 PAGE 4 OF 7 - January 08, 2018 I' Seminole County is responsible for fire protection. Seminole County Fire Station 24, located at 102 North Moss Road in Winter Springs, is the closest fire station. The response time is approximately two minutes. It is not anticipated that the change in land use will affect the response times. 3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; Converting the subject parcel will have neither a favorable nor unfavorable impact on the environment or the natural or historical resources in the area. The subject parcels are substantially cleared and there are no known natural or historical resources on the property. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from City of Winter Springs "Commercial" to City of Winter Springs "Industrial" will not result in any nuisance potential for the surrounding properties because future industrial development would be compatible with the surrounding "Commercial" and "Industrial" future land use designations. FLOOD PRONE AREAS: The property is located entirely in Flood Zone "X," which is outside of the 100 -year floodplain, according to the FEMA Flood Insurance Rate Map. 4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Strategic Regional Policy Plan, as amended from time to time; Staff has determined that the change in future land use designation of this property to industrial is consistent Central Florida Strategic Regional Policy Plan which allows for infill development. Staff also determined that the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth specifically found in Chapter 187.201, which promotes development and redevelopment activities which encourage efficient development and occur in areas which will have the capacity to service new population and commerce. 5) Whether the city is able to provide adequate service from public facilities to the affected property, if the proposed amendment is granted, and whether the proposed amendment will promote the cost /effective use of or unduly burden public facilities; The City is able to provide adequate service of public facilities to the subject property based on information stated herein. 6) Whether the proposed amendment is compatible with surrounding neighborhoods and land use; The proposed amendment is compatible with the industrial and commercial uses located to the north, west, and south. The proposed amendment is consistent with the existing industrial use to the north, and a screen wall is being built around the perimeter of the industrial land, which will minimize the potential nuisance impacts to the surrounding properties. (7)Whether approval of the proposed amendment will cause the comprehensive plan to be internally inconsistent; Staff determined that the proposed amendment will not cause Public Hearings 400 PAGE 5 OF 7 - January 08, 2018 the comprehensive plan to be internally inconsistent. (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; The proposed comprehensive amendment is not in conflict with state law and satisfies the applicable provisions of the City Code. (9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes; At this time the City is currently in the process of completing the Evaluation and Appraisal Report ( EAR). Staff does not anticipate any conflicts. (10) Whether the proposed amendment is consistent and in compliance with law; Yes, the proposed amendment is consistent and in compliance with the state law. 11) Whether the proposed amendment is consistent, and not in conflict, with the legislative policy directives established by the city commission including, but not limited to, those set forth in the city' s comprehensive plan and city code, adopted master plans, economic development goals and objectives, community redevelopment plans, and brownfield areas. The proposed amendment is consistent with policy directives established by the City Commission. Letters/Phone Calls In Favor Or Opposition To date, the City has not received any letters or phone calls in opposition to this proposal. The Planning & Zoning Board forwarded a recommendation of approval of Ordinance 2017- 13 at their December 6, 2017 meeting. First Reading of Ordinance 2017 -13 was approved by the City Commission on December 11, 2017. FISCAL IMPACT: Ordinance 2017 -13 has no fiscal impact. The land exchange covered under the Developer's Agreement saves the City over $100,000 in potential land acquisition costs for the land being acquired at the amphitheater site. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The proposed Ordinance was advertised in the Orlando Sentinel on Sunday, December 3, Public Hearings 400 PAGE 6 OF 7 - January 08, 2018 2017, and a standard yellow sign has been posted at the property. RECOMMENDATION: Staff recommends that the City Commission approve: 1) Second Reading of Ordinance 2017 -13 for adoption; and 2) Developer's Agreement. ATTACHMENTS: 1. Exhibit A - Trail Missing Link Map (1 page) 2. Exhibit B - Ordinance 2017 -13 (4 pages) 3. Exhibit C -Developer's Agreement (19 pages) 4. Exhibit D - Legal Ad (1 page) Public Hearings 400 PAGE 7 OF 7 - January 08, 2018 tBldg Existing I e /Lab dll® [� PUBLIC II�J 14M P$® 240 200 215 225 Trail Missing Link Map 390 360 380 400 VIFp0 RD 235 245 255 305 325 �I STATFRD 419 _ v cT �ED �yQ �� 2 Ggg�C OF� -lrn� -� yrn-� FRSGNAy L y W ay GoR � �I 2 W G ir ir V J E W W h lheb � Non - Recycle Property (Blue 216 d 1 ' 580 DD RD sso S 701 OlD STATE RD 44. Trail Right -of -Way Donated by Phillips GEORGE ST (Red Line) OS 10 512514516 306 625 iT 623 620 I 62- 0 187.5 375 750 1,125 h Existing Trail Terminus Rez ne[F-L41M Amendment Afea 3.4 acres---- - -- 345 219 217 1,500 M Feet N W 0E 3 EXHIBIT A EXHIBIT B ORDINANCE NO. 2017 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR SEVERAL PARCELS OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF APPROXIMATELY 3.4 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED NORTH OF STATE ROAD 419 NEAR LAYER ELEMENTARY SCHOOL, WINTER SPRINGS, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCELS FROM EITHER "COMMERCIAL" TO "INDUSTRIAL" OR UNDESIGNATED TO "INDUSTRIAL ", AS APPLICABLE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on , in accordance with the procedures established in Chapter 163, Part 11, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2017 -13 Page 1 of 3 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, formerly known as the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the designation of the real property legally described and depicted on Exhibit "A" from either "Commercial" Future Land Use to "Industrial" Future Land Use or Undesignated to "Industrial" Future Land Use, as applicable. The intent of this Ordinance is that the real property be entirely designated "Industrial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance 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 Ordinance. Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty -one (3 1) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state City of Winter Springs Ordinance No. 2017 -13 Page 2 of 3 land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2018. 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 Legal Ad: First Reading: Second Reading: Charles Lacey, Mayor City of Winter Springs Ordinance No. 2017 -13 Page 3 of 3 EXHIBITA DESCRIPTION: A PORTION OF LOT 33, OF ENTZMINGER FARMS ADDITION NO. R AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND ALSO THE A PORTION OF ATLANTIC COAST LINE RAILROAD OF SAID ENTZMINGER FARMS ADDITION NO 2, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST I— OF LOT 33, ENTZMINGER FARMS ADDITION N0, 2, AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE NORTH RIGHT —OF —WAY LINE OF A PORTION OF ATLANTIC COAST LINE RAILROAD AS RECORDED IN SAID ENTZMINGER FARMS ADDITION NO 2, THENCE S 82'59'03" E ALONG SAID NORTH LINE OF PLATTED ATLANTIC COAST LINE RAILROAD, A DISTANCE OF 544.67 FEET TO THE EAST LINE OF LOT 11; THENCE S 0704'58" E ALONG A SOUTHERLY PROJECTION OF SAID EAST LINE OF LOT 11. A DISTANCE OF 287.39 FEET TO A POINT ON A LINE LYING 27.00 FEET NORTH OF, WHEN MEASURED PERPENDICULARLY TO. THE NORTH RIGHT —OF —WAY LINE OF COUNTY ROAD 419: THENCE N 82'59'30" W ALONG SAID PARALLEL 5 LINE, A DISTANCE OF 544.65 FEET TO THE AFORESAID WEST LINE OF LOT 33; THENCE N 07'04'58" W ALONG SAID WEST LINE OF LOT 33 AND THE EXTENSION THEREOF, A DISTANCE OF 281.47 FEET TO THE POINT OF BEGINNING. CONTAINING THEREIN 148,669 SOUARE FEET (34 ACRES), MORE OR LESS SURVEYOR'S REPORT.. 1) Bearings shown hereon ore blIld on the North right of way /11 of State Rood No. 499 being N 82"59'30" W (assumed). 2) N e Surveyor has not obs... ted the lands s own e /eon 1, easements and /o/ rights oI way of - GRAPHIC SCALE 3) No underground In9m /moons, Ioond000n Iootmgs, or ImProoe —, I een I orated e.rePr o9 noted 0 4) 1— may - W l restr %cf %ans that are not rern 1 on 1- survey ffi 1 may be /aund %n — p he re . al this munfy 5) T ere H no evidences on the ground o! use of the property w is might suggest o q —, oT easement other than those shown on the su vey 6) This SLrvey was re ...d for the Identities named hereon and U nontransl -1, P ( 1E FEET ) 7) Improvements .;NN n 011r 111SO easements hove not been I...Rd os o port of this survey. 1 Inch = 50 ft. 8) The purpose of this survey N to rn/cr/ofe the appro.-✓,a area of the sub /ec( property CERTIFICATION: l hereby lertlfy that the 9 roey revre9en ted on this " w mode under my RID-1 n o the date shown based on the Informotlon fum Nhed tom noted and cen To to the MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING AND MAPPING IN THE STATE OF FLORIDA In accordance with CH.61G17 -6. Florida Administrative Code LEGEND: (P) PLAT BOOK R/W RIGHT —OF —WAY G CENTERLINE PG PAGE OR PAGES FLORIDA DEPARTMENT OF TRANSPORTAT /ON I 1 LOT 11 I O W d POINT OF BEGINNING ENTZMINGER FARMS ADDITION NO 2 O Li PLAT BOOK 5, PAGE 9 cy cr- n - �D O I NORTH RIGHT -OF -WAY LINE OF ATLANTIC COAST LINE RAILROAD O 'i c) m EAST LINE OF LOT 11 Q o Q o S 82 °59'03" - - = - E CSX TRANSP 544.67' ORTATION o 700' VACATED CORRIDOR 31.30' d N �b ° p _ WEST LINE OF LOT 33 6928 (P) 692.26' �� — — _ z N 00 N LINE OF LOT 33 — 56.42' O CD CG o N LOT 33 WEST LINE OF THE EAST Z M 143.14' OF LOT 34 O o r` � I\ 5 LANDSCAPE & MAINTENANCE EASEMENT - - - - - -- - -_ -- -_ N 9'3 0— Dc ° zT.oW 5 44.65' a C, w 692.8' (p) -� _ N R/W ILN '__ E OFC.R. -_ -_ - 419 -- (F.0.o.T. COON ROq� - _ o - R�w MAP sECTioN N0. 419 � 77070 -2506, SHEET 5 - CERTIFICATION: l hereby lertlfy that the 9 roey revre9en ted on this " w mode under my RID-1 n o the date shown based on the Informotlon fum Nhed tom noted and cen To to the MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING AND MAPPING IN THE STATE OF FLORIDA In accordance with CH.61G17 -6. Florida Administrative Code EXHIBIT C Prepared by and return to: Anthony A. Garganese, City Attorney Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 -2873 (407) 425 -9566 DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT ( "Agreement') is made this day of , 2018, by and between BARTHOLOMEW D. and CYNTHIA D. PHILLIPS, husband and wife ( "Phillips "), BARTHOLOMEW D. PHILLIPS, individually, and 419 METAL & AUTO RECYCLING CENTER, INC., a Florida corporation (collectively referred to as "Owner "), and the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "). WITNESSETH: WHEREAS, Bartholomew D. Phillips, individually, Bartholomew D. and Cynthia D. Phillips, husband and wife, and 419 Metal & Auto Recycling Center, Inc. are current fee simple owners of their respective portions of the real property legally described in EXHIBIT "A," which is attached hereto and fully incorporated herein by this reference ( "Recycling Property "); and WHEREAS, Bartholomew D. and Cynthia D. Phillips, husband and wife, are also the current owner of Seminole County Tax Parcel Id. #34- 20- 30- 5AW -0000- 0340/0350, which is legally described on the attached EXHIBIT "B," which is hereby fully incorporated herein by this reference ( "Non - Recycling Property "); and WHEREAS, Bartholomew D. Phillips is the principal owner of 419 Metal & Auto Recycling Center, Inc.; and WHEREAS, in accordance with Section 20 -259 (10) of the City Code, 419 Metal & Auto Recycling Center, Inc. currently operates a secondary metal recycling business for non - hazardous recyclable materials, and said business operation occurs on a substantial portion of the Recycling Property ( "Recycling Business "); and WHEREAS, subject to the terms and conditions of this Agreement, Owner desires to aggregate the tax parcels of land described above as the Recycling Property for purposes of identifying the land area that will be permitted to be used for the Recycling Business in accordance with the requirements of Section 20- 259(10) and for purposes of planning the future redevelopment and improvement of the Recycling Property for the Recycling Business; and Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 1 of 13 WHEREAS, subject to the terms and conditions of this Agreement, Bartholomew D. And Cynthia D. Phillips desire to plan for the future redevelopment and improvement of the Non - Recycling Property; and WHEREAS, Bartholomew D. And Cynthia D. Phillips, husband and wife also desires to convey real property to the City for purposes of completing the "missing link" to the Cross - Seminole Trail along and adjacent to State Road 419 as more specifically set forth herein, and the City desires to accept said conveyance in accordance with the terms and conditions of this Agreement; and WHEREAS, Owner and the City intend, for the terms of this Agreement, to memorialize their understanding and agreement regarding their respective interest, expectations, and intentions regarding the aforementioned operation of a Recycling Business on the Recycling Property, redevelopment of the Non - Recycling Property and the conveyance of real property for the Trail "missing link" to the City. NOW, THEREFORE, in consideration of the public purpose stated herein, and the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby deemed true and correct and are fully incorporated herein by this reference. 2. Trail Property Conveyance. Within thirty (30) days of the effective date of this Agreement ( "Closing Date "), Bartholomew D. And Cynthia D. Phillips (the "Phillips ") hereby agree to convey and donate at no cost to the City fee simple title to the real property legally described on the attached EXHIBIT "C," which is hereby deemed fully incorporated herein by this reference ( "Trail Property "). The Trail Property is generally described as a 27 -foot wide strip of land totaling approximately 1.36 acres more or less running along the entire boundary of the Tax Parcel Id. # 34- 20-30-5AW- 0000 -0330 portion of the Recycling Property and Non- Recycling Property contiguous to SR 419. The Trail Property shall be used for the Cross Seminole Trail extension or such other public purposes deemed acceptable by the City. There shall be no re- conveyance restrictions upon the Trail Property, and the City shall be free to convey the Property to the State of Florida, Seminole County or such other person. 2.1 The conveyance marketable title required by this Paragraph shall be by warranty deed, and shall be free and clear of all encumbrances including, but not limited to, mortgages, liens, easements and other encumbrances that could affect the City's intended use of the Trail Property. 2.2 Closing shall be held in the county where the Trail Property is located at the office of the attorney or other closing agent designated by City. At Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 2 of 13 City's discretion, the City may extend the Closing Date up to sixty (60) days or may be extended by mutual agreement of the Parties. 2.3 The City shall furnish the Closing Documents for Phillips' review and execution including, but not limited to, the Warranty Deed, Bill of Sale, Assignments, Ownership and Lien Affidavit, Certificate of Non - Foreign Status, satisfaction and release of liens or mortgages, and Closing Statement. 2.4 The City shall pay the premium for the City's ALTA Owner's Policy 10- 17-92 (Florida Modified) Title Insurance Policy, charges for related title services including but not limited to title or abstract charge, title examination, and settlement and closing fee, the cost of recording corrective instruments and Florida Documentary Stamps to be affixed to the Warranty Deed. Phillips shall pay any fees related to providing any required corrective instruments including, but not limited to, releases of mortgages and liens which are necessary to convey the Trail Property to the City in accordance with the terms and conditions of this Agreement. The City shall pay the cost of recording the Warranty Deed. Each party shall pay their respective attorney's fees. 2.5 Real property taxes, special assessments and ad valorem taxes for the year of closing and any other pro - ratable items will not be prorated and will be paid by the City if necessary. However, all real property taxes, special assessments and ad valorem taxes for prior years shall be paid by Phillips prior to Closing. 2.6 Phillips shall furnish to the City at the time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any Notices to Owner or Claims of Lien of potential lienors known to Phillips and further attesting to the unquestioned ownership by Phillips of the Trail Property and further attesting that there have been no improvements to the Trail Property for 90 days immediately preceding the Closing Date for which payment has not been made in full, or for which payment has not been secured or provided for, all in form acceptable to Phillips and the City and the title company. If the Trail Property has been improved or repaired within 90 days at the request of and authorization by Phillips immediately preceding the Closing Date, Phillips shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Phillips's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at closing of this Agreement. Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 3 of 13 2.7 At the Closing and up to ninety (90) days thereafter, Phillips and the City agree to execute and deliver such other and further instruments and to take such further actions as either of them or their counsel may reasonably request of the other in order to fully implement the terms of this Agreement and the closing thereof as long as said request is consistent with the respective obligations of the parties as set forth in this Agreement. Further, in the event the City re- conveys the Trail Property to the State of Florida or Seminole County for trail purposes, Phillips agrees to execute and deliver such other instruments and to take such further actions as the State or County may reasonably request in order to fully implement the terms of this Agreement and re- conveyance to the State or County. This paragraph shall survive the closing. 2.8 419 Metal & Auto Recycling Center, Inc. hereby consents to the Closing required by this Paragraph and agrees to support the Closing and not to contest or challenge the Closing in any way whatsoever. 2.9 Phillips hereby represents and warrants to the City based on Phillips' actual knowledge, without investigation: (A) That Phillips has good, marketable, and indefeasible title to, and is in possession of, the Trail Property, free and clear of all liens, security interests and encumbrances, excluding only those (i) which may be satisfied or released at Closing, (ii) to which the City's title shall be subject as otherwise provided in this Agreement, (iii) liens for taxes not yet due and payable, and (iv) statutory liens not yet delinquent. (B) That there is no condemnation, eminent domain, zoning, or other land use proceeding instituted, or pending on the Trail Property. (C) That there is ingress and egress to the Trail Property sufficient for its current use. (D) That there is no litigation or proceeding pending or threatened against or relating to the Trail Property arising by, through or under Phillips, and Phillips does not know of any basis for such action nor are there any special assessments of any nature with respect to the Trail Property or any portion thereof, nor has Phillips received any notice of any special assessment being contemplated. (E) That Phillips has full power and authority to enter into and perform this Agreement in accordance with its terms, and the completion of this transaction will not violate any law, regulation or agreement affecting Phillips. Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 4 of 13 (F) That there are no: (i) pending litigation or disputes involving the location of the boundaries of any part of the Trail Property; and /or (ii) physical interruptions or obstructions to physical access to any part of the Trail Property. (G) That there is no hazardous waste located on or buried beneath the Trail Property other than what was disclosed in the Phase 11 Subsurface Investigation Report and Technical Memorandum Concerning Distribution of BaP prepared by the Environmental People, dated October 13, 2016. The term "hazardous waste" shall have the meaning ascribed by Florida and Federal law. (H) This Paragraph 2 shall survive the closing. 2.10 At closing, the City agrees to prepare and record a Satisfaction and Release of Code Enforcement Lien and Notice of Termination of Agreement pursuant to Section 4 of the City of Winter Springs Code Enforcement Lien Satisfaction Agreement recorded in the Official Record Book 7378, Page 858 of the Public Records of Seminole County, Florida 2.11 At closing, the City agrees to prepare and record a release of the Trail Easement which currently runs across portions of the vacated Old Sanford - Oviedo Road now owned by 419 Metal and Auto Recycling Center, Inc. pursuant to Section 8 of Easement Agreement between the City and 419 Metal and Auto Recycling Center, Inc. which is recorded at Official Record Book 7199, Page 747 of the Public Records of Seminole County, Florida. However, 419 Metal and Auto Recycling Center, Inc. hereby acknowledges and agrees that the perpetual utility and ingress /egress easement set forth in the aforesaid Easement Agreement shall remain in full force and effect for the benefit of the City. 2.12 Upon request by Phillips, the City will execute the donee acknowledgement set forth in Internal Revenue Service Form 8283 acknowledging receipt of the Trail Property. 3. Nub Property Conveyance to 419 Recycling. The parties acknowledge that the City is currently pursuing a property exchange with the State of Florida for purposes of completing the missing link to the Cross Seminole Trail. The City anticipates receiving a quit -claim deed from the State for the real property legally described in EXHIBIT "E ", which is attached hereto and fully incorporated herein by this reference ( "Nub Property "). If the City receives a quit -claim deed for the Nub Property, the City agrees to convey the Nub Property to 419 Metal & Auto Recycling Center, Inc. by quit -claim deed within thirty (30) days of the quit -claim deed granted to the City being recorded in the Official Public Records of Seminole County, Florida. Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 5 of 13 4. Unity of Title of the Recycling Property for Recycling Business Purposes. Owner acknowledges and agrees to fully comply with Section 20 -259 (10) of the City Code which requires that secondary metal recyclers, recovered materials recyclers, and similar recyclers of other non - hazardous recyclable materials must be on a development site comprised of not less than ten (10) acres and not more than twenty (20) acres. Therefore, subject to applicable requirements of the City Code and as a condition of future development permit applications submitted to the City for the Recycling Business, the Recycling Property shall hereinafter be unified in ownership and title for development purposes. For so long as Owner continues to operate a Recycling Business on any portion of the Recycling Property, Owner further agrees to not sell, convey, or assign any interest in the Recycling Property, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City. Nothing herein is intended to prohibit or restrict the Owner from selling, conveying or assigning the Recycling Property as a unified parcel of land or encumbering the Recycling Property with easements or other interests in land that do not cause loss of unity or ownership of title. Further, nothing herein is intended to prohibit the Parties from reducing the size of the Recycling Property unified herein by written amendment to this Agreement if Owner desires to forego the Recycling Business on any portion of the Recycling Property, provided the remaining portion of the Recycling Property on which the Recycling Business will continue complies with the minimum and maximum acreage requirements of Section 20 -259 (10) of the City Code. 5. Continuing and Future Operation of the Recycling Business. Subject to applicable provisions of the City Code and the Unity of Title requirement set forth in Paragraph 4, Owner shall only be permitted to operate the Recycling Business on the Recycling Property. 6. Buffer Wall Along Perimeter of Recycling Property and Non - Recycling Property. Owners agree to permit and construct a screen wall, ten (10) foot in height from ground level, on the Recycling Property and Non - Recycling Property as more specifically detailed and depicted on the attached EXHIBIT "D," which is hereby deemed fully incorporated herein by this reference. The wall design shall comply with the Aesthetic Review package approved by the City Commission on January 26, 2009. The wall shall be completed in three phases, as shown on EXHIBIT "D." Phase 1 consists of wall segments that have already been permitted and constructed on a portion of the Recycling Property, and have passed final inspection by the City's Building Official. Phase 2 consists of wall segments elsewhere on the Recycling Property that shall be permitted, constructed and passed final inspection by the Building Official no later than: 1) commencement of construction by Seminole County of the "missing link" of the Cross - Seminole Trail; or 2) within twelve (12) months from the Effective Date of this Agreement, whichever occurs earlier. Phase 3 consists of wall segments that shall be permitted, constructed and passed final inspection by the Building Official in conjunction with any future development of the Non - Recycling Property. Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 6 of 13 7. Setback Requirements for the Non - Recycling Property. Subject to other applicable provisions of the City Code and this Agreement, Owner shall be permitted to construct buildings and improvements on the Non - Recycling Property with zero front, rear and side setbacks. 8. Time of the Essence: Time, and timely performance, is of the essence of this Agreement and of the covenants and provisions hereunder. 9. Representations of the Parties. The City and Owner 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. The City acknowledges that this Agreement was approved and executed in accordance with the City's municipal home rule powers under general law. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the Parties hereto and the Recycling Property and Non - Recycling Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Recycling Property and Non - Recycling Property, as their individual interests may appear, to the terms and conditions set forth in this Agreement. 10. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Recycling Property and Non - Recycling Property and shall run with title to the same. 11. 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. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by the Parties hereto (or their successors or assigns) and approved by the City Commission. However, modifications or amendments that only effect either the Recycling Property or Non - Recycling Property, and not both, shall only require the approval of the fee simple title owner of the property actually affected by the modification or amendment. 13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, regarding the Recycling Property and Non - Recycling Property and contains the entire agreement between the City and Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 7 of 13 Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 14. 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. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by the Parties hereto. 16. Recordation. This Agreement shall be recorded by the City in the Public Records of Seminole County, Florida. 17. Relationship of the Parties; the Term "Owner "; Indemnification. The relationship of the Parties to this Agreement is contractual and Owner 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. It is understood by the Parties that when the term "Owner" is used in this Agreement, it refers to the person(s) or entity(ies) that own fee simple title to the particular real property that is subject to this Agreement. Owner expressly agrees to indemnify and hold harmless the City and its employees, officers and attorneys from any and all injuries or damages of any kind sustained by Owner and their respective employees, contractors, invitees, tenants, guests or agents, if any, arising out of or from any activity or business operation occurring on the Recycling Property and Non - Recycling Property. Owner shall be solely responsible for maintaining and securing their respective interests, as they may appear, in the Recycling Property and Non - Recycling Property. 18. Sovereign Immunity. The City and its employees and officers intends to avail itself of the benefits of section 768.28, Florida Statutes, and any other statute and common law governing sovereign immunity to the fullest extent possible and 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 common, 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). 19. City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 8 of 13 Agreement be construed as the City bargaining away or surrendering its police powers. 20. 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. 21. 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. 22. 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. 23. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party agrees to bear their own attorney's fees and costs. 24. 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 Owner 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 any new certificates of occupancy or certificate of completion for any building, unit or improvement if Owner is in breach of any term and condition of this Agreement. 25. Default; Opportunity to Cure. Should the Owner or the City 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. 26. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Owner fails to cure any material default pursuant to Paragraph 25 of this Agreement. The City shall also have the right, but not obligation, to terminate the Agreement if Owner permanently abandons the Recycling Business on the Recycling Property, provided, however, the City shall first deliver written notice and an opportunity to cure as set forth in paragraph 25.0 herein. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 9 of 13 27. Force Maieure. The Parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ( "Time Period ") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ( "Uncontrollable Event "), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 28. Notice. All notices, demands, requests, consents, approvals or other communications (collectively, "Notices ") required or permitted to be given hereunder or which are given with respect to this Agreement shall be effective only if in writing and delivered by personal service, or delivered to an overnight courier service with guaranteed next day delivery or mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: TO PHILLIPS: Bartholomew D. And Cynthia D. Phillips 212 Morton Lane Winter Springs, FL 32708 TO 419 METAL AND AUTO RECYCLING CENTER, INC. Attn: Bartholomew Phillips 600 Old Sanford Oviedo Road Winter Springs, Florida 32708 TO CITY: Attn: City Manager City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, FL 32708 or to such other address as such party shall have specified most recently by like Notice. The attorneys for the parties hereto are also hereby respectively authorized to give any Notice permitted under this Agreement. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 10 of 13 immediately following delivery to such service; and if mailed, on the third business day after mailing. IN WITNESS WHEREOF, Owner and City have set their respective hands on the day and year first below written. Signed, sealed and delivered in the presence of the following witnesses Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF SEMINOLE BARTHOLOMEW D. PHILLIPS AND CYNTHIA D. PHILLIPS, H/W Bartholomew D. Phillips Cynthia D. Phillips Date: The foregoing instrument was acknowledged before me this day of , 2018, Bartholomew D. Phillips and Cynthia D. Phillips as husband and wife. They being personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 11 of 13 Signed, sealed and delivered in the BARTHOLOMEW D. PHILLIPS presence of the following witnesses: An individual Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF SEMINOLE Bartholomew D. Phillips Date: The foregoing instrument was acknowledged before me , 2018, Bartholomew D. Phillips, an individual known to me or produced (NOTARY SEAL) (Notary Public Signature) Signed, sealed and delivered in the presence of the following witnesses Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA this day of He being personally as identification. (Print Name) Notary Public, State of _ Commission No.: My Commission Expires: 419 METAL & AUTO RECYCLING CENTER, INC., a Florida corporation. By: Bartholomew D. Phillips, President Date: Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 12 of 13 COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 2018, Bartholomew D. Phillips as President of 419 METAL & AUTO RECYCLING CENTER, INC., on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) ATTEST: Andrea Lorenzo - Luaces, City Clerk APPROVED AS TO FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney (Print Name) Notary Public, State of _ Commission No.: My Commission Expires: CITY: CITY OF WINTER SPRINGS Charles Lacey, Mayor Date Exhibit List A -- Legal Description and depiction of the Recycling Property B — Legal Description and depiction of the Non - Recycling Property C — Legal description and depiction of the Trail Property which will be conveyed by Phillips to City D — Specifications and Construction Phase Schedule of the Wall E — Nub Property Developer's Agreement City of Winter Springs Bartholomew D. and Cynthia D. Phillips and 419 Metal & Auto Recycling Center, Inc. Page 13 of 13 EXHIBIT - RECYCLE PROPERTY i e h GRAPHIC SCALE IV FEET ) 1 inch = 100 ft. DESCRIPTION: A PORTION OF LANDS INCLUDING LOT 11 LYING NORTH AND SOUTH OF OLD SANFORD— OVIEDO ROAD AND LOT 12, LESS THE NORTH 300 FEET THEREOF, OF ENTZMINGER FARMS ADDITION NO 2. AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND ALSO THE VACATED PORTION OF SAID OLD ML FORD— OVIEDO RATIO AND THE VACATED PORTION OF ATLANTIC COAST LINE RAILROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE EAST LINE OF LOT 11, ENTZMINGER FARMS ADDITION NO 2, AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND THE NORTH LINE OF OLD SANFORD—OVIEDO ROAD. A VACATED 60.00 FEET WIDE RIGHT —OF —WAY, AS RECAPPED IN SAID ENTZMINGER FARMS ADDITION NO 2, THENCE S 07'0458' E ALONG SAID EAST LINE OF LOT 11 AND A SOUTHERLY EXTENSION THEREOF THROUGH LOT 33, A DISTANCE OF 609.32 FEET TO A POINT ON A LINE LYING 27, 00 FEET NORTH OF. WHEN MEASURED PERPENDICULARLY T0, THE NORTH LINE OF COUNTY ROAD 419, THENCE N 62 59'30" W ALONG SAID PARALLEL LINE, A DISTANCE OF 544.65 FEET TO THE WEST LINE OF LOT 33 AS RECORDED IN SAID ENTZMINGER FARMS ADDITION NO 2: THENCE N 07'04'58" W ALONG SAID WEST LINE OF LOT 33 AND THE EXTENSION THEREOF. AND THE WEST LINE OF LOT 11 AND LOT 12 OF SAID ENTZMINGER FARMS ADDITION NO 2, A DISTANCE OF 130762 FEET TO A LINE LYING 300.00 FEET SOUTH OF, WHEN MEASURED PERPENDICULARLY T0, THE NORTH LINE OF LOT 12 THENCE N 84'05'05 E ALONG SAID PARALLEL LINE LYING 300.00 FEET SOUTH OF, WHEN MEASURED PERPENDICULARLY T0, THE NORTH LINE OF LOT 12. A DISTANCE OF 55338 FEET TO THE CENTERLINE OF CHARLES STREET AS RECORDED IN SAID ENTZMINGER FARMS ADDITION NO 2: THENCE 5 07'0458 E ALONG SAID CENTERLINE, A DISTANCE OF 828.51 FEET TO THE AFORESAID NORTH LINE OF OLD SANFORD— OVIEDO ROAD, THENCE N 7]3120" ALONG SAID NORTH LINE OF OLD SANFORD—OVIEDO ROAD. A DISTANCE OF 26.53 FEET TO THE POINT OF BEGINNING. CONTAINING THEREIN 743.556 GARAGE FEET (171 ACRES). MORE OR LESS. SURVEYOR'S REPORT. NOT PLATTED _ 25' PUBLIC R)W PER PST — \ 3 (a) 52e 3Y F) I I III - LOT 12 I II II I I e „I E 553.38' N 8405'05° I SOUTH LINE OF THE n°I NORTH 30000' OF LOT 12 Ig LOT 12 Z II I � I I� �I 3 � Ij mI W m I� I V Q I r I U I � � I >` CETERLINE OF CHARLES AFFECT I a LOT it I WESt LINE OF LOT 11 I — l(l a I J W � o ENTZMINGER FARMS NO. 2 I Z PLAT BOOK 5, PAGE 9 0 based on the Na'N" Flood 1 ... .. Program "FIRM" Mop Community — Pane/ Number 120289C 0160 F Dated 0912812007 the above described Property is located N Zone X ". Areas determined to be outside the 500 year //Dad 2) Bearings shown hereon ale based on the North right of way Ilne 0f State — No. 419 being N 82'59'30" W (assumed). 3) The SUrveypr has npf abstracted the /ands shown hereon for easements and /pr rights a� way o� record. 4) 10 underground ]nstal/otlons, foundation footings, or ]mprovements hove been located except as noted. 5) e may be addiH-1 ..s t.ict that Ora not retarded on this su vey that may be found rn 11e public records of this county. 6) There G evidence on the ground o/ use of the property which might s,gges(o passible claim of T""'t other than ihos. shown " the survey. 7) This 5 ...y was prepared G, fhe identifies —d hereon and is 'M .... f ..B," 8) Improvements with;, th.lr sp.ah. ..... . is hove not been I... t.d as o port of this survey. 9 -) T p p e o/ 110 s ... , Fs to - -l— the A, Oren .1 the s red E1, LEGEND: (P) PLAT BOOK R/W R /GHT —OF —WRY ¢ CENTERLINE PG PAGE OR PAGES FO.O.T. FLOR/OA DEPARTMENT OF TRANSPORTARCH \ C. SANFOERD FOVIEDO FOAD 0 D I'll (p( e0 PG@SANR NROAD _ N 26.53' W �R POINT OF BEGINNING ILE I W P, a (� V W m m n a IF LOT 11 3 g EAST LINE OF LOT 11 r � CSX TRANSP ORTATION C. (10ED R RAIL CORRIDOR —g2 _ �' O7 eezze (cj Lewz LOT 33 M I —_ -- N = 2'59'30„5 unoscrwe °q N H rr II oo 02,1, (cam PARCEL S-4 -65 � EfT_f cm 3 - - reB UHe of tree a19 —� R1W MAP ROAD NO 479 — _ SECTION 17070 -2506. SNEEI 5 — S D CERTIFICATION: I hereby 110Ey Iho1 rh. red — Ihie mpv w mod. and.. my do-ectran o the date shown based on the Information f..L —d to me as noted and ten fo�ms to the MINIMUM TECHNICAL NIA STANDARDS FOR LAND SURVEYING AND MAPPING IN THE STATE OF FLORIDA in accordance with CH 61,317 -6. Florida AdminBI-1lve Code EXHIBIT B - NON - RECYCLE PROPERTY DESCRIPTION A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3825, PAGES 790 THROUGH 791, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 34 AND LOT 35, ENTZMINGER FARMS ADDITION NO 2. AS RECORDED IN PLAT BOOK 5, PAGE 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING WEST OF THE WEST LINE OFAODITIONAL ROAD RIGHT -OF -WAY FOR WADE ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 7476, PAGE 1150, OF SAID PUBLIC RECORDS AND NORTH OF THE NORTH LINE OF LANDS DESCRIBED AS PARCEL 'B" PER SKETCH OF DESCRIPTION PREPARED BY SEMINOLE COUNTY ENGINEERING DEPARTMENT, SURVEY SECTION, JOB NUMBER 12-007& 09 -0092, LAST REVISED ON APRIL 13, 2017, SAID PARCEL B" BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE AFOREMENTIONED ADDITIONAL RIGHT -OF -WAY SAID CORNER LYING ON THE NORTHERLY RIGHT -OF -WAY LINE OF SAID C R.419 AND THE SOUTH LINE OF SAID LOT 34,• THENCE RUN N.82 59'30 "W., ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 1,189.23 FEET TO THE POINT OF CURVATURE OFA CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 2,241.83, A CENTRAL ANGLE OF 1122 VI "AND A CHORD BEARING OF N771829 "W, THENCE RUN ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 444.76 FEET TO A POINT ON THE WEST LINE OF LOT 35, THENCE RUN N.0840'33 "W, ALONG SAID WEST LINE A DISTANCE OF 4799 FEET,' THENCE RUN S.40A04'52 "E, A DISTANCE OF 30.08 FEET TO A POINT LYING 2700 FEET NORTHERLY OF THE NORTHERLY RIGHT -OF -WAY LINE OF SAID C.R. 419, SAID POINT ALSO BEING A POINT ON A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2,214.83 FEET, A CENTRAL ANGLE OF 11 A16'06 "AND A CHORD BEARING OF S77A21'27 "E., THENCE RUN ALONG THEARC OF SAID CURVE, RUNNING PARALLEL WITH AND 2700 FEET NORTH OF SAID NORTHERLY RIGHT -OF -WAY LINE AN ARC LENGTH OF 435.59 FEET,' THENCE CONTINUEALONG SAID PARALLEL LINE S82A59'30 "E., A DISTANCE OF 1,187.22 FEET TO A POINT ON THE WEST LINE OF THE AFOREMENTIONED ADDITIONAL RIGHT -OF -WAY,' THENCE RUN S.06A 5624 "E., ALONG SAID WEST LINE A DISTANCE OF 17.83 FEE T. THENCE RUN S20A 14'43"WA DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SURVEYORS NOTES 1) Based on the Notional Flood Insurance Program "FIRM" Mop Community — Ponel Number 120289C 0160 F Dated 0912812007 the above described Property is located in Zone " X Areas determined to be outside the 500 year flood plain. 2) Roofings shown hereon are based on the North right of way Tine of State Rood No. 419 being N 82 °59'30" W (ossumed). 3) The Surveyor has not abstracted the lords shown hereon for easements ono /or rights of way of record. 4) No underground instolictions, foundation footings, or improvements hove been located except os noted 5) There may be cdodumol restrictions that are not recorded on this survey that may be found in the public records of this county 6) There is no evidence on the ground of use of the property which might suggest o possible claim of easement other than those shown on the survey, 7) This Survey wos prepared for the Identities named hereon and is n ontronsferobie". 8) Improvements within their specific eosements have not been located os o port of this survey, 9) The purpose of this survey is to coicuiote the opproximote creo of the subject property, CERTIFICATION: hereby certify mat the survey represented on this maP w made under my dlredlon on the date sM1Own based b, the Information furnished tom noted WEST LINE OF LOT 35 EXHIBIT B - NON - RECYCLE PROPERTY AT(4NT/ hDgp , Cp4ST OR IRS, I18 R pICRyOAD GRAPHIC SCALE Z S 40'04'52" E 0 30.08' \ ?1 FIR (]N FEET ) `D-v! D 11 - EASEMeNr R= 2217.83' I �� = 11'16'06" LOT 35 I� CB= s77'21'27 "e L= 435.59' LOT 35 ENTZMINGER FARMS ADDITION N0. 2 Z (PLAT BOOK 5, PAE 9) o ADD CRAW SGG' P R ROAD _ _ 7 FEET GF D.00'� LEGEND FDD N0, I R/W \ — LOT 3 _ -_ 4 5 79 ` - PACE OR PACES O PC POINT OF CURVATURE J v R- 2241.83 MAP AAD2 0 - - _ POC PaNT o CURVE FDOT FLORIDA DEPARTMENT OF TRANSPORTATION \ -11'22'01 D 25DS) CB= N77'18'29 "W L= 444.76' - _ _ _ 2 LANDSCAPE & MAINTENANCE EASEMENT _ HESS — -- O ORB OFFICIAL RECORDS BOOK — S 82'58' 3 R� PAD US �0 F 178722' o a CENTRAL ANGLE LOT 34 ENTZMINGER FARMS ADDITION NO. 2 PC EASEMEOrvTUry _ Q -- - - - -- __� m AB Acm EFF REARING (PLAT BOOK 5, PAGE 9) WEST LINERCHTD- 27 FEET OF LOT 35 _ N 82'55'37" - -� W 1189.23 LOT 35 Q ENTZMINGER FARMS ADDITION NO. 2 Li 2 (PLAT BOOK 5, PAGE 9) 2 O LOT 34 ENTZMINGER FARMS ADDITION NO. 2 (PLAT BOOK 5, PAGE 9) WEST LINERCHTD- OF-WAV - -� L _ W — - - - — — _ — ACCESS - ADDITIONAL RIGHT WAY ORB 7476, PC PG 1150 I 9 _ - _ I EASEMENT - -� - — -L S 82'55' — Z o — _ LANDSCAPE & MAIMENA - �__ 37„ E 1187,4 r' 'ICE GRAPHIC SCALE EASEMENT T- 27 FEE LOT 34 NOROFEC OUNTYrvROOF 419; 21 AS ° — sou1H LINE of LOT 34 J — COUNTY S 82'5537 E3B W 1189.23' — _ (PUeUC R/W ROAD BAS'S OF S 20'14'43" E 17.83' W 10.Op' IN FEET) UARIES N0. 419 BEARINGS 27,00'T R F.D.O.T, — — ( - RR,y MAP "070-25S1) _ DRAINAGE EASEMENT 1 inch = 50 ft. - - - POINT OF BEGINNING PARCEL .S' AND E'G'H SKETCH _ - 5OUTHWE57 CORNER OF ORB 7476, PG 1150 SURVEYING & MAPPING CORP. R 350 S. Central Ave., Oviedo, FI. 32765 - — _ P.O. Box 621892, Ov , Fl. 32762 Vane HF7) 365 -1036 A Fax (407) 365 -1838 Lcensed Business No. 5777 Cl TY CE WIN TER SPRINCS _ _ �- P.R.(Rlck) Burns E oN /o suRVEV oe 00072 —„ 3 Lo v: �sEo Proress�oam Lnad samevor Fm�ma Reglstrmlo� No. a7o2 EE °Not AwN ecueo e NIA eI/ CERTIFICATION: hereby that the this direction the date based the Inf,6- furnished Io valid without the signature and the original raised - t a Florida D<ensed surveyor and mapper' 50, oho�p¢2, mm�n !/ !/XJ I/G //7 certtty survey represented on map was made under my on shown on on me as Doted and conforms to the MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING AND MAPPING IN THE 5FATE OF FLORIDA in accordance with OF.61 G17 -6, Florida Administrative Code, SKETCH OF DESCRIPTION DESCRIPTION THIS IS NOT A SURVEY PMCEL'A' A PORTION OF LOT 33, ENTZMINGER FARMS ADDITION No 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 9, OF ME PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE SOUTH 27.00 FEET OF LOT 33, LYING NORTHERLY OF, CONCDENT WITH AND PARALLEL TO TIE NORTHERLY RIGHT OF-WAY LINE OF C.R. 419, AS SHOWN ONTHEFLORIDADEPAR77ifENTOFTAANSPORTA77ONRIGM -OF -WAY MAP FOR STATE ROAD 419 SECTION 77070 -2506, SHEET S. LESS THE EAST 143.14 FEET TEREOR ALSO LESS ADDITIONAL RIGHT OF -WAYAS RECORDED IN OFFICIAL RECORDS BOOK 7476, PAGE 1150, OF THE PUBLIC RECORDS SEMINOLE COUNTY FLORIDA. CONTAINING 16,385 SQUARE FEET MORE OR LESS. RESERVING A DRAINAGE EASEMENT DESCRBID AS FOLLOWS (PARCEL 1) TIE EAST 30.00 FEET OF PARCEL "A ". AND RESERVING A 2.00 FOOT LANDSCAPE AND MAINTENANCE EASEMENT DESCRIBED AS FOLLOWS (PARCEL 2) MFNORTH 5.00 FEET OFPARCEL "A' PARCEL 'B" .A PORTION OF LOT 34 AND 35, ENTZMINGER FARMS ADDMONNO 2, ACCORDING TO ME PLAT THEREOF, RECORDED IN PLAT BOOR 5, PAGE 9, OF THEPUBLIC RECORDSOFSLMNOLECOLTTY, FLORIDA, LYING NORMMYOF THE NORTHERLY RIGHT-OF -WAY LINE OF C.R. 419, ASSHOWN ON THEFLORIDA DEPARTMENT OF TRANSPORTATION RIGHFOF -WAY MAP FOR STATEROAD 419, SECTION 770702506, S3ff.ET5. LESS: ADDITIONAL RIGHTOF -WAYAS RECORDED N OFFICIAL RECORDS ROOK 7476, PAGE 1150, OF THE PUBLIC RECORDS, SEMINOLE COUNTY, FLUID& BEING MORE PARTICL'LARLYDEZWED ASFOLLOWC BEGIN AT THE SOUTHWEST CORNER OF THE AFOREMENTIONEDADDITIONAL RIGHT -0FW4Y SAID CORNER LYING ONMENORMERLYRIGHT-OF-WAYLINEOFSAID GHT -OF R. 4WT ADIS SNCEHLNEOF 3 FEET T 34; EFE.NCE RUN CUR CURVATURE ALONG SAN NORTHERLY RIGHT-OF-WAY LN'F ADLSTANCE OF /,189.23 FEETTO THEPONTOF CURVATURE OFA CURVE, CONCAVE NORTHERLY HAVING ARADIUSOF 2,29113, ACENTRALANGLE OF 71'22'0I' ANDA CHORD BEARING OF N]7. 18'29 -W, THENCE RUNALONG MEARCOFSABOCURVEANARC LPNGMOF 444.76 FEETTO AMINT ON THE WEST LMEOFLOT 3S TMFNCERUNNOB'40'33'W, ALONG SAID WEST LOVEA DISTANCE OF4799 FEET, THENCE RUN 540'04'527, A DISTANCE OF3o.08 FEET IDA POINT LYING 2700 FEET NORTHERLY OF THE NORMEBLYRIGHT -0F WAY LINT OF SAID C.R. 419, SAR) POLVTALSOBENG APO NTONA CURLS CONCAVENORTHERLY, HAVING A RADIUS OF 2,2/4.83 FEET, A CENTRAL ANGLE OF 11'16 -16 "AND A CHORD BEARING OF S77'21'27"E., THENCE RUNALONG THEARC OFSAIDCUM E, RUNNING PARALIFl WTTHANO 2700 FEET NORTH OFSAID NORTHERLY RIGHTOF -WAY LINE 4NARCLE7VGTHOF43559 FEET, THFNCECONTPNE ALONG SAID PARALLEL LINE 582'59'30 "F, A DISTANCE OF 1,18722 FEFTTO A POINTON THE WEST LN'EOFTHE AFOREMENTIONID ADDITIONAL RIGHTOFWAY,, THENCE RUN S06'56'24"E, ALONG SAID WEST LI EA DISTANCE OF 1783IEET MU4CERUV S20'14'43'W A DISTANCE OF 10.00 FEET TO THE POINT OFREGINNNG. CONTAINING 44,675.8 SQUARE FEET 0.02 ACRESA MORE OR LESS RESERVING A DRAINAGE EASEMENT DESCRIBED AS FOLLOWS (PARCEL 3) BEGIN AT ME SOOTIDYEST CORNER OF THE AFOREMENTIONED ADDITIONAL RIGHT -0F -WAY THENCE RUN N82'59'30'W A DISTANCE OF 26.22 FEET,, THENCE RUN N06- 56'24W A DISTANCE OF 27.82 FEET,; THENCE RUN S8259'30EA DISTANCE OF 30.91 FEET,; THENCE RUN S06'56'24 "EA DISTANCE OF 17.83 FEEL; THENCE RUN 520'1443W A DISTANCE OF 1000 FEET TO THE POINT OF BEGINNING. PARCEL "D'"E"`ED) EXHIBIT C AND RESERVING A 2.00 FOOT LANDSCAPE AND MANTENANCE EASEMENT DESCRIBED AS FOLLOWS! PARCEL 4) TT& NORTH 2.00 FEET OF PARCEL 'B' AND RESERING AN ACCESS AND UTILITY EASEMENT DESCRORIDASFOLLOWS (PARCEL 5) COMMENCEAT APOLVTONTHENORMH LYRIGHT- 0FWAYLINEOF. SAO OC.R.4f9ANDIT5INTFRSFr7ONWITHTHE EAST LINE OF SAID LOT 34, SAID POINT BEING THE SOUTHWESTCORNER OF THEAFOREMFNT IONID ADDITIONAL RIGNT"OF -WAY THENCE RUN N82- 59.30 -W, ALONG SAID NORMMYRIGHT -0FWAY LEV& A DISTANCE OF513.78 FEETTO THE POINT OF BEGINNING, THENCE CONTINUE N82'59'JO'W., ALONG SADNORTHERLYRIGHTOF BAYLNEA DISTANCE OF50.00 FEEL; THENCE RUN N07'00'30 "E,ADISTANCE OF 27.00 FEET TO POINT ON THE NORTH LINE OFSAIDPARCEL '8 , THENCERUN 5.82'59'30 E, ALONG .SAID NORTHLNEAWSTANCE OF i0.00 FEEI; THENCE RUN SO]'p0'30'W, A DISTANCE OF 2700 FEET TO THE POINT OF BFGINNNG. AND RESERVINGANACCESSANDVTFLFTYEASEMEMDESCMME FOLLOWS (TARCEL6) COMMENCEAT A POINT ON THE NORTHERLY RIGHT -OF-WAY LINE OFSAID C.R. 419 AND ITS INTERSECTION WITH THE EAST LINE OF SAID LOT 34, SAID POINT DENG TILE SOUMWEST CORNER OF TIE AfDREA1FNRONID ADDITIONAL RIGHT-0FWAY THENCERUN N W. 82'59'30', ALONG SAID NORMEIUYRIGHTOF- WAYLNF A DISTANCE OF995.15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N82'59.30_W. ALONG SAID NORTHERLY RIGHT-OF -WAY LNEA DISTANCE OF MOO FEET, THENCE RUN N.07- 00.30"E, ADISTANCE OF 27.M FEET TOA POINT ON THE NORMLNE OF SAID PARCEL 'B" THENCE RUN S82'59'30'E, ALONG SAID NORTH LINEA DISTANCE OF 7000 FEET, THENCE RUN S07'00'30 -W., A DISTANCE OF 27.00 FEFT TO THE POINT OF MGEVNRvG. AND RESERVING A ACCESS, UTILITY AND DRAINAGE EASEMENT DESCRIBED AS FOLLOWS (PARCEL 7) THE WEST 50.60 FEET OF PARCH, T' GOT I/ \\ �_ 1. THIS IS NOT A SURVEY. 2- UNDERGROUND U17LTTIES AND /OR EdPROVFMENTS NOT LOC4TED. ENGINEERING DEPARTMENT 3. SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON, TIE SURVEY SECTION ABOVE REFERENCED PROPERTYMAYBE SUBJECT TO EASEMENTS WINTER SPRING S INDUSTRIAL O� SANFORD. FLORIDA 32773 � LOT LOT 8 T 9 I LOT 10 L21 I LOTH POB nA: OPN 4C PARK PB �� (PARCEL 3) 28 PG.29 ` I (PARCEL B) Illl SOUM27.W'OFLOTS34 &35 -I .a I POC h NORTH 2.0' OF PARCEL R BARCII 4- L (PARCELS 5&6) J 2) C? LOT 35 � M � � - - Lea (PARCEL 7) '"' ::: 0 y N Additiwal ---T-1 Derail A E THE WEST h _ LIZ CI 2476 Pg. 5,_ WADE STREET NTS- N01, 5o FEET OF 'B" S 82'59 30 I v E LOT 34 c 50' RILHTOFWAY PARCEL 710 L7 1187.22' 2A-5e N"[( ...L9..' 82159'30 zT �5 THESOUM27.00'OFLOT33 POINT OF BEGINNING 189.23 L4 t' LOT 33 Lo p - m LINE SABLE (PARCEL 6) (PARCEL 5) . I LINE Ll BEARING N08'40'33"W DfSTANCE 4799' SD1m330.OFID1S34 &35 rail' 7 -� S a 540'04'S2'E 30.08' NORTHEKLY RIGHT POINT OF BEGINNING (PARCEL 4) 4 9 ��H. j tOF 33 LOT 32 s g L3 L4 SO6'S6'24'E N82'S9'30W 309E -OF- WAYLINEOFC.R. AS SHO WNON FLORIDA DEPARTMFM OF 419 (PARCEL5) THE NORTH 5.00'OFPARCEL'B" (PARCEL 513.78' TRANSPORTATIONRIGHT OF WAYMAPFOR STATE -ROAD POE °A" 'A' O g LS N82- 59'30V 50.00' 419, SECTION 770702506, SHEET (PARCEL RAIhio9l THE NORTI12.00'OF PARCEL h d L6 LI NOTOY307 582'59'307 2760' 50.00' L14 N82 59'30'W 1500' L21 S82'S9'30'E 30.91' •3) (PARCEL B) DRA 74Way O.R.B. 7476 Pg. 1150 (PARCEL D 1B SOT00'30'W 27.00' L15 S201443W 10.00' 122 N82TW30'W 800' FOC THE EAST 30 FEE] OFPARCEL "A" - 19 N82'S9'30 "W 431.37 L16 506'56'245 1783' L23 506'56'247' 8,00• (PARCELS 5&6) LID, N82'S9'30W 70.00' L17 582'59'307 10.31' L24 544'57'547 ]2,60' CURVE TABLE LII N07- 00'30'E 27.00' L18 50656'24 "E 30.91' CURVE RADIUS CENTRAL ANGLE CHORD, BEARING LLNGTH Ll2 58259'305 10.00' L19 N82- 59.30'W 26.22' Cl 2241.83 ]I'22'Ol' N7T18'29W 444.76 3 L13 SOT00'30W 2760' L20 N065624"W 27.82' C2 2214.83 1116'06" 577'11'277 435.59 BEARINGS BASED ON THE NORTHERLY RIGHT -OF -WAY LINE OF COUNTY ROAD 419 HAVING AN ASSUMED BEARING OF N.82'59'30'W. FIELD DATE: N/A SCALE: 1" - 200' DATE: 01/25 -12 DRAWN BY: RTS /GL/SMF REVISIONS DATE DESCRIPTION BY SURVEYOR'S NOTES SEMINOLE COUNTY 1. THIS IS NOT A SURVEY. 2- UNDERGROUND U17LTTIES AND /OR EdPROVFMENTS NOT LOC4TED. ENGINEERING DEPARTMENT 3. SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON, TIE SURVEY SECTION ABOVE REFERENCED PROPERTYMAYBE SUBJECT TO EASEMENTS 520 W. LAKE MARY BLVD. AND RFS73UCITONS OF RECORD, IFANY. 4. ATTENTION IS DIRECTED TO THEPACTTHAT TFIESCALEOF THESE SANFORD. FLORIDA 32773 MAPS MAYBE ALTERED BYREPRODUCHONAND /OR ELECTROMCHLE 407 - 665 -5647 CONVERSION OF THE ORIGINAL DRAWNG FILE FORMAT. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED DATA BEARINGS BASED ON THE NORTHERLY RIGHT -OF -WAY LINE OF COUNTY ROAD 419 HAVING AN ASSUMED BEARING OF N.82'59'30'W. FIELD DATE: N/A SCALE: 1" - 200' DATE: 01/25 -12 DRAWN BY: RTS /GL/SMF REVISIONS DATE DESCRIPTION BY 2/17/12 ADD 30' DRACUGE EASEMENT (PARCEL 7) 1222 -I5 qDD RIGHTUFwAY -wiDF ST. RLVISEADIOHlING IEGAIS. 1/06/2016 REVISE PARCELS 6 & 7 4/13/2017 REVISE PARCELS A, B. 3, S. 6 & 7 V j w U � � 000 R tr � yjj S n0 gd °Il g °�U�11° I I �n�t31 66i d U6 "+ O ZviZ � o 3 V J S U V 9 k ;g °- I Z 2"o Z P oozy. z oo�� $$° �F au � I, - I I Ir LL I I I Sri [i F; I 000� ■ daile ol�i J n tiw 0 i 0 0 o i d 3S s o F 0 2 2orc °coi Q a V J 6000 NOT VALID VITHOUT THE SIGNATURE AND THE ORIGIN SE9 SEAL OFA FLORIDA LICENSED SUR O 1tf1�P�R. 4 ! /` GL HIS GARY A. LOA P.L.S. FLA. CERT.# 4723 RTS Exhibit D: Wall Map PUBLIC WOR (sph750 alt Bldg "'. h� u ,60 ISM 450 ontrol A Office /Lab ihed * G) 240 390 r 200 215 G A 360 3j6� 4� Z l0S N 225 0.0 400 0 RO 400 235 I �{ 001— 245 255 580A s eF 305 " 1 .�.. 325 OLD 'WA O 600 V RO'O IE00 _ ` 1 M 560 RD 550 ?a 701 S T � `' Tq FRO r AI = cqe GEORGE " •- STATE ST RD 419 400 yQ 02 404406408410 GEORGE I o, 412414500 02504 ST 06 08510512514516 p� 655 653651649 306 �'�� 345 —coi N AVI 37 3.5 280 140 0 280 560 840 1,120 Legend e Feet - 10' wall- built and finished - 10' wall- to be installed with future development on property - 10' wall- to be installed prior to trail construction APotential gate location EXHIBIT E SKETCH OF DESCRIPTION for 419 METALS & AUTO RECYLING CENTER Legal Description Commencing at a 2' iron pipe, being a permanent reference monument marking the location of the Northwest Comer of Lot 33, ENTZMINGER FARMS, ADDITION NO. 2, according to the plat thereof recorded in Plat Book 5, at Page 9, of the Public Records of Seminole County, Florida, thence run S.06°111 5'E., along #w West Line of Lot 33, a distance of 0.56 feet to the South Right-of -way Line of the CSX Transportation Inc. Rail Corridor, thence run S.82124'15 "E., along said South Right-of -way Line. 488.46 feet to the POINT OF BEGINNING; thence run N.07035'45E., perpendicular to said Right-of -way Line, 100.130 feet to the North Right -af- way Line of said Rail Corridor, thence run S.82124'11 5E., along said North Right- of-way Line, 31.08 feet to the Southeast Comer of Lot 11, said ENTZMINGER FARMS, ADDITION NO- 2; thence run S.W49'11'E. to the Northwest Comer of the East 143.14 feet of aforesaid Lot 33, said point also being an the South Pight- of -way line of said Rail Corridor; thence run N.82°24'15W - 56.80 feet to the Point of Beginning. SURVEY NOTES: 1) This is not a'Boundary Survey", only a sketch of the above legal descriptions prepared by this surveyor. 2] Bearings shown hereon are based on the South Right-of -way Line the CSX Transportation, Inc. Rail Corridor being S.82"24'15'E. (per description) 3) This legal description was prepared on 10 July 2008. 5urveyoes Certificate This is to certify that this'Sketch of Description' of the above-described property and the plat hereon delineated is an accurate representation of the same. t further certify that this survey meets the Minimum Technical standards set forth by the Florida Board of Surveyors and Mappers pursuant to Chapter 61G174)6 of the Florida Administrative Code pursuant to Section 472.027 of the MKER EYING, INC. R. BLAIR KITNER - P.S.M. No. 3382 P. O. Box 823 - Sanford, Florida 32772 (407) 322 -20(}0 Not valid without raised seal of Surveyor M; �i Z �i 0 SE CORNER OF LOT 11 i ji NORTH S 8224-150, '24'1$ E RIW LlNS' SO- 31.08' 11 -- - -- --- - - - - -- O SCALE: 1 =50' CSX ANPORTATIQRIORRIDOR +. r>uC 'o BOARD Of T IMPROVEMENT S ES OF THEINTERNAL POINT OF COMMENCEMENT (i ST FUN CORNER LOT 33 F E 57AT OF FL DR +JgS.8224'15 -f48$.46' Ut S.OS'1115 "E ----- -• ~ - -_ UTF R /WN�' " - -• 5fi.$Q' 0,5fi N $ POINT OF BEGINNING 415 W --------- Y iT'l rn l 411 I 1 Y sT1 i A q .: `I 0 � I PROD. NO. 07 -4540 ember 3, 2017 SE PUBLIC NOTICE SEMINOLE COUNTY COMMUNITY SERVICES DEPARTMENT IMMUNITY DEVELOPMENT DIVISION Seminole County Community lelopment Division is planning to Mement a Disaster Recovery Strategy zing State Housing Initiative Partnership GIP) funds in order to provide assistance Dw- and moderate income households acted by Hurricane , Irma. Eligibility (primarily income - based, and total Isehold income cannot exceed $70,080 fed on a household size of four). neowners in Seminole County that income eligible may qualify for an Trance deductible, and /or depreciation wance calculation grant of up to 1,000 for damages resulting from the '7 Hurricane Irma storm event. )ortion of available 2016 -2017 SHIP Js may be re- allocated to assist Ilified Seminole County residents have experienced damages due to Iricane Irma. In order to qualify for this dram, the household must have first Ilied for assistance through the Federal lergency Disaster Administration IMA), and filed a claim through their heowner's insurance policy. program is currently open and Screen Forms are being accepted )ur offices located at 534 West Lake ly Blvd. Sanford, FL 32773, between D a.m. to 4:30 p.m. daily excluding E kends and holidays. For questions Rse contact us at (407) 665 -2300. The applications will be used to establish 1priority needs for the program. more information go to Ip://www.seminoIecountyf1.gov/ artments- services /community- services/ nmunity- development/ for the Pre - Screen n and for further information on EXHIBIT D NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE OF COMPREHENSIVE PLAN /REZONING CHANGE N'OTICE IS HEREBY GIVEN THAT THE PLANNING & ZONING BOARD /LOCAL PLANNING AGENCY AND CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING ORDINANCES: 1: ORDINANCE NO. 2017 -13. AN ORDINANCE OF THE CITY. COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR SEVERAL PARCELS OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF APPROXIMATELY 3.41 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED NORTH OF STATE ROAD 419 NEAR LAYER ELEMENTARY SCHOOL, WINTER SPRINGS, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO; CHANGING THE FUTURE LAND USE' MAP DESIGNATION ON THE PARCELS FROM EITHER "COMMERCIAL" TO `INDUSTRIAL OR UNDESIGNATED TO "INDUSTRIAL ", AS APPLICABLE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. 2. ORDINANCE NO. 2017 -14. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF SEVERAL PARCELS OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 3.41 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED NORTH OF STATE ROAD 419 AND NEAR LAYER ELEMENTARY SCHOOL, WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCELS FROM EITHER "GENERAL COMMERCIAL DISTRICT" ( "C -2 ") TO "LIGHT INDUSTRIAL DISTRICT" ( "I-1 ") OR " UNDESIGNATED" TO "LIGHT INDUSTRIAL DISTRICT" ( "1 -1 "), AS APPLICABLE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Public hearings on said ordinances will be held on Wednesday, December 6, 2017 at 5:30 p.m. before the City's Planning and Zoning Board /Local Planning Agency and on Monday, December 11, 2017 and Monday, January 8, 2018 at 5:15 p.m. before the City Commission. All public hearings will be held at Winter Springs City Hall, 1126 E. State Road 434, Winter Springs, Florida 32708, in the Commission Chambers. The Local Planning Agency and City Commission reserve the right to continue or