HomeMy WebLinkAboutTaylor Morrison of Florida, Inc Developers Agreement (Southern Oaks) - 2016 06 21 '
NAF"N'YANNE MORSEY ^~```.'' COUNI.
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CLERK'S . 2016105583
THIS INSTRUMENT PREPARED BY 10/11/201.116 '.''''`` 1:11
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RECORDt.-D BY ``-''^^
.,Anthony A. Garganese
City Attomey
Garganese,Wei*ss D' .^'
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DEVELOPER'S AGREEMENT
T IS DEVE OPER'S AGREEMENT (the "Agreement") is made and executed this
.'
day of June, ,.|, b, and between the ,;T. .. WINTER ...U,..` a `'.n"da
muruci N pal , ..). ".'.^' ''' `'``'' 1126 ''' S.'' ^^'. ''�"Springs, F'"''
32708 and TAYLOR MORMSON .; FLORIDA INC.!, . F..` co oration
Mo_`.... _,,`.`^`,, Southha. ..,` .._^. ...... .......5..
WITNESSET UU.
W:`''`'` ''`''`''' '' '' ^- simple '''' '```^ '' ``-'"' ''' ''
purchase) certain ,i ."... l.,'. ..�^ "- .�' . Sem*nole ...�. .|..". .i ...
parti"cularly described in attached hereto and incoherein by this reference
the '....-`'.'' and
VVHERE-AS` Taylor ;.-''' intends to develop '' Proert. ' ` ' `=�''' 1'
e *dent ` '.- .,-," '', '�' . . ''^` `` '�,` .^, "�' '`
acre,,tob'''.`` "`..k`c`''" '' "' ''/'`' ''
W]EIERF,AS, pursuant to the approval of,, ,\+,._...`.'....,,� '.1.. Taylor
Mo ..' i.'. to '''^''' '``'.''''','``''` Proj*ect on the Proper- as d '/ed
in th certal*n Final E.'.,., Plan for Southem Oaks Phase . prepared ,, `add, Civil
En neering, dated February 4. 2'.. (the ".'an") and in compliance with the laws and
regulations of the City. All lot references herel"n shall refer to the lot numbers as shown on the
Plan* and
W EREAS, the City Co-ii-nission has recoillillended entenng into this Agreement with
Taylor Morrison for the develoP ment of the P
WHEREAS., in addi*tl"on to Taylor Morrison's compliance wl*th the Ci's Code of
Ordinances (the "Code" _ "City `..,`. .`..)., ,. constructioni*n... .''',' ..''`
,` ``-'. )`.`_`'`._ .`.. ,` ., ,,./` following special terms and conditions with
respect to the develand operation of the P ''./.
NOW9 T EREFOREI, '' consideration of the mutual promises and covenants
contained..,.` the...."'tu'',`_- as follows:
f 37525873;3) /
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
so
herein by this reference.
2. AuthorLy. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Obligations and Co.,mmitments. In consideration of the City and Taylor
Mo son entering into this Agreement, the City and Taylor Morrison hereby agree as follows:
(a) Approval of Plan.. The City hereby acknowledges and agrees that the
Plan is acceptable and was duly approved by the City Commission in compliance with
the laws and regulations of the City. A copy of the Plan shall be maintained on file at
City Hall and is hereby fully incorporated herein by this reference. The Plan may be
amended by mutual agreement,, from time to time, without requiring an amendment to'
this Agreement provided the Plan amendment is not inconsistent with the terms a,nd
conditions set forth herein. If any such Plan amendment i*s inconsistent with any
provision of this Agreement, then an amendment to this Agreement will be required in
conjunction with the Plan amendment to achieve consistency between this Agreement
and the Plan.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Plan. Taylor Morrison shall
install a four(4") inch sanitary force main, to extend approximately 720 linear feet from
a planned on-site lift station to the existing stub out located between lots 67 and 68 at
the rear of said lots, to serve the Property. All water and sewer improvements required
on-site and off-site to service the Property shall be at Taylor Morrison's expense..
However, to the extent any other properties utilize the force main constructed by Taylor
Morrison, they will reimburse Taylor Morrison their prorated share of the cost of the
force main prior to construction commencement. The owner will not be required to
install additional infrastructure for irrigation distribution. Irrigation for lots will be
supplied from the City of Winter Springs potable water main installed by Taylor
Morrison, as shown on the Plan. In the event that reclaimed water becomes available,
the City has the option to install a reclaimed water distribution system and to require
connection to the reclaimed water system for irrigation.
(c) Code Waivers... Baed on the P lan and Taylor Morrison's agreement to
the terms and conditions set forth herein,, the City Commission granted the following
waivers to the Code pursuant to the waiver criteria enumerated in Section 20-34(d) in
conjunction with its approval of the Plan:
(i) Section 20-45 1(f)(2)- Separation of towers from off-site uses used
to calculate maximum tower height- A waiver was granted to Section 20-
45 1(f)(2)
to allow lots 61 through 64 as depicted on the Plan to be 92-feet from
the tower base. Section 20-1 65- Building Area Regulations- a waiver was
granted to allow Lots 90, 91, 94 and 95 as depicted on the Plan to have a
width of 70-feetat the buildiminimumng line.
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Book8783/Page562 CFN#2016105583 Page 2 of 16
(ri) Section 9-127(c)- Corner Lots- a waiver was granted to allow lots 89, 92,
93 and 96 as depicted on the Plan to be 85-feet in width at the building line.
Taylor Morrison acknowledges and agrees that any deviation from the Code not
specifically enumerated in paragraph (c) above shall require separate City Commission approval
in accordance with the waiver and/or special exception application procedure, as applicable, and
the criteria set forth in the Code. In the event that this Agreement is terminated, the waivers
specified 1"n this Section shall also be deemed automatically terminated upon such termination.
(d) Formation of Homeowners' Association. Taylor Morrison hereby acknowledges
and agrees that it-intends to form a mandatory homeowners' association (the "Homeowners'
Association") for purposes of maintaining any and all common areas, landscaping, entrance
signs, walls, fences, alleys, recreational areas and stonnwater drainage facilities associated with
the Project. A separate Declaration of Covenants, Condi'ti'ons. and Restrictions (the "Declaration")
will be executed and recorded among the Public Records of Seminole County, Florida to
evidence the formation of the Homeowners' Association and establish its rights, duties and
obligations. The Declaration shall be in a form acceptable to the City Attorney and shall require
the Homeowners' Association, and the members thereof to be bound by the terms and condi'ti'ons
of this Agreement,,
(e) Buffer Walls and Fences. Notwithstanding the requirements of Section 20417 of
the Code, Taylor Morrison shall install a six (6) foot tall brick wall in an easement along the rear
portion of all lots along the northeast boundary line of the Property. The foregoing wall shall be
erected as soon as reasonably practical and prior to any permanent vertical construction of lots
76 through 8 8 as depicted on the Plan.
(f) Signage. The City hereby acknowledges and agrees that Taylor Morrison shall
have the right, upon the full execution of this Agreement, to erect on-site construction signs,
marketing signs and temporary signs (including up to two (2) "banner" signs) as described in
Section 16-87 of the Code, in locations reasonably acceptable to the City, which signs shall be
permitted to remain for a period of nine (9) months from the date hereof. Taylor Morrison shall
thereafter have the right to erect permanent Project identification signage at the main entrance to
the Project, as shown on Sheets LA-2 and LA-3 of the Plan. The City hereby acknowledges and
agrees that the Property shall not be subject to the day limitation on the erection of temporary
"banner" signs as provided in Section 16-87 of the Code. Taylor Morrison and its successors and
No
assigns shall maintain all of the signs erected pursuant to this Section 3(f) in a good condition
and state of repair, or such signs shall be immediately removed or repaired upon written notice
from the City.
(g) Model Units/Sales Office. Prior to the recording of the final plat, the City agrees
to permit Taylor Morrison to construct model units under the following conditions:
(i) The model area shall include no more than six (6) lots north of SR 434 and
Taylor Morrison anticipates the model units being constructed on lots 43 through 48 as
depicted on the Plan.
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Book8783/Page563 CFN#2016105583 Page 3 of 16
(ri) The model units shall remain under Taylor Morrison's ownership and
control until such time as the final plat is recorded by the City and a final certificate of
occupancy for each unit is issued under the conditions set forth below. In other words,
Taylor Morrison shall not contract for sale, sell, or lease any of the individual model units
until such time as the City approves and records the final plat for the Project and issues a
final certificate of occupancy for each unit.
(iu) Vertical construction on the model units shall not commence until
stabilized access and fire protection is available.
(iv) Prior to the model unit construction, the model units shall be duly
permitted by the City in accordance with all City Codes. As part of the building permit
'0
application, Taylor Morrison shall submit, along with all construction plans for the units'.
a duly certified boundary survey which shall depict the location and legal description of
each individual model lot. Taylor Morrison acknowledges and agrees that this legal
description is intended to coincide with the eventual location of the lots as depicted and
legally described on the final plat. Taylor Morrison assumes full and complete
responsibility and 11*abilityi"n the event that said legal descriptions do not conform to the
lot lines required by the City in final plat.
(v) At such time the City Building Official completes and approves a final
inspection of the model units, the City will issue a temporary certificate of occupancy for
each individual unit. Occupancy of the model units shall be limited to the sale and
marketing efforts for the Project. In addition, Taylor Morrison shall have the right to
utilize one garage in a model unit as a temporary sales office.
(vi) At the request of Taylor Morrison or at such time the Project development
is completed, whichever occurs sooner, Taylor Morrison shall file a re-conversion permit
application requesting that the model units be converted into permanent residential units
md the City shall issue individual certificates of occupancy for each model unit;
provided, however, the final plat is approved and recorded by the City and the City
Building Official determines that the units are suitable for permanent residential
occupancy and i-6n compliance with the City Codes.
(h) Conservation Area. A 9.77 acre Conservation Area is proposed over the existing
wetland and Conservation Overlay area, as shown on the Plan. A 25-foot average upland buffer
is to be maintained around the perimeter of the Conservation Area.
(i) Platting. Taylor Morrison sha.ll be required to plat the Property in accordance with
Section 9-75 of the Code. Taylor Morrison shall submit a proposed lighting plan to the City
contemporaneously with its submittal of the proposed plat, unless the applicable information is
received from Progress Energy in time to submit such plan at the time final engineering plans are
submitted.
(j) Wetlands. The City hereby acknowledges and agrees that Taylor Morrison has
sufficiently addressed the City's Comprehensive Plan requirements with respect to wetland
impacts and preservation.
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(k) Recreational Area. Taylor Morrison shall be required to provide recreational areas
within the Project in accordance with the Plan.
(1)
Stonnwater Pond Located to the North of the Project. At the effective date of this
Agreement, the City owns 2.0168 acres, more or less, of real property adjacent to the Project, as
described in EXHIBIT "B", which is incorporated herein by reference ("Dry Pond No. 2
Property"). The Dry Pond No. 2 Property is currently subject to a reversionary interest in favor
of the St. Johns River Water Management District (""District") as set forth I*n the Quit-Claim
Deed recorded in ORB 7357, Pgs 0462-0465 ("Reversionary Interest"). In order to facilitate the
development of the Project and provide enhanced sto water treatment from the Project as set
forth in subsection (3)(1)(vi*) below, the City agrees to convey the Dry Pond No. 2 Property to
Taylor Morrison under the following terms and conditions:
(i) Within fourteen (14) days of the effective date of final adoption by the
City Commission of an ordinance authorizing the conveyance of the Dry Pond No. 2
Property in accordance with the requirements of the Winter Springs City Charter, Taylor
Morrison agrees to pay the City the purchase price of the Dry Pond No. 2 Property i*n the
amount of Two Hundred Fifteen Thousand One Hundred Ten and 50/100 Dollars
($215,110.50). Such payment shall be by check made payable to the City of Winter
Springs or by wire transfer and such funds shall be held i*n escrow by the City Attorney,
acting as Escrow Agent, until the conveyance conditions described in subsection(3)(1)(ii)
and (1"1"1")below have been fully satisfied.
(u) The conveyance authorized by the ordinance will be subject to several
conditions including: (a) the City obtaining an executed Partial Release of the
Reversionary interest from the District releasing the Dry Pond No. 2 Property from the
Reversionary Interest; (b) the District executing a funding agreement with the City to
make stormw er treatment improvements at the Solary Canal Sto w er Site; and (c)
the conveyance being subject to the terms and conditions of this Agreement.
(ui) The conveyance will be by quit-claim deed within sixty (60) days of the
effective date ofilill the ordinance adopted by the CityICommission under subparagraph
(3)(1)(i) of this Agreement. However, if the conveyance conditions required to be set
forth 1"n the ordinance pursuant to subsection (3)(1)(11) are not fully satisfied and the
executed quit-claim deed has not been delivered by the City to the Escrow Agent within
the 60-day period, the Escrow Agent will refund the purchase price to Taylor Morrison
and the parties shall promptly meet to determine whether this Agreement can be modified
and I"f such modification is not mutually agreed to,., either party may tenni nate this
Agreement without penalty or further obligation under this Agreement.
(iv)
U
pon adoption of the aforesaid ordinance by the City Commission,
Taylor Morrison shall be responsible for preparing closing documents and conducting the
closing, and shall bear all closing costs except the City shall be responsible for the City's
own attorney's fees. At the Closing, the Escrow Agent will deliver the executed deed
and the funds being held in escrow to the closing agent designated by Taylor Morrison in
the closing documents. Closing documents must be in a form acceptable to the City
Attorney and City Manager.
{37525873;3} 5
00 age CFN#2016105583 Page 5 o
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(v) Taylor Mo *son shall use the Dry Pond No. 2 Property for sto water and
drainage purposes related to the Project and shall, prior to build-out of the Project,
convey the Dry Pond No. 2 Property to the Homeowner's Association for future
maintenance as common area as required by Section 3(d) of this Agreement.
Notwithstanding the foregoing, Taylor Morrison may also use the Dry Pond No. 2
Property for active and passive recreational uses, including, but not limited to, walking
trails, subject to any applicable approvals required by the City Code.
(vi) The pond and drainage improvements constructed on the Dry Pond No. 2
Property by Taylor Morrison must meet Outstanding Florida Water("OFW") sto w er
treatment criteria with approval by the St. Johns River Water Management District
(IISJRWMD11),a
(m) Stormwater Pond Located on Tract C ("Wet Pond No. I"). The City
agrees to permit Taylor Morrison to commence and complete construction of the Sto water
Pond described as Wet Pond No. 1 on the Plans in conjunction with the portion of the Project
0
that is located within the jurisdictional limits of the city of Oviedo. Such authorization is
condi tioned upon Taylor Morrison posting aand maintaining a performance bond, 1*n favor of the
City and in the amount of $103,441.36, guaranteeing the completion of the Wet Pond No. 1,
which shall be released upon issuance of a certificate of completion for Wet Pond No. 1 by the
City.
(n) Minimum Lot Size. All lots on the Plan shall be required to maintain a minimum
lot size of 8,000 square feet.
(o) Other Code Deviations. Excluding the deviations from the Code which are
addressed in paragraph (c), Taylor Morrison acknowledges and agrees that the only other
deviations from the City's Code authorized by this Agreement are:
(i) The posting of banner signs in the manner provided in paragraph 3(f).
(ii) Permission to construct.model homes prior to the recordation of the final
plat as set forth in paragraph 3(g).
Any other deviations from the City's Code shall require separate approval from the City
Cotiimission.
4. Representations of the Parties. The City and Taylor Morrison hereby each
represent and warrant to the other that it has the power and authority to execute, deliver and
perform the terms and provisions of this Agreement and has taken all necessary action to
authorize the execution, delivery and performance of this Agreement. This Agreement will,
when duly executed and delivered by the City of Taylor Morrison and recorded I*n the Public
Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable
against the parties hereto and the Property in accordance with the terms and conditions of this
Agreement. Taylor Morrison represents that it has voluntarily and willfully executed this
Agreement for purposes of binding the Property and the Homeowners' Association, and the
members thereof,,to the terms and conditions set forth in this Agreement.
{37525873;3} 6
Book8783/Page566 CFN#2016105583 Page 6 of 16
5. Assignment bv Grantee. Grantee from time to time shall be entitled to transfer
its rights and obligations under this Agreement to the Homeowners' Association. In order to be
effective, sai d transfer shall be evidenced b y an assignment and assumption agreement by which
Grantee assigns to the Homeowners' Association the rights and obligations of Grantee under this
Agreement, and the Homeowners' Association accepts, assumes, and agrees to perform the said
S ubject rights and obligations. To be effective, an assignment and assumption agreement shall be
recorded in the Public Records of Seminole County, Florida, and after said assignment and
assumption is recorded, Grantee shall automatically be relieved of all obligations and liabilliles 10
accruing on and after such assignment and assumption. This provision shall not be construed or
interpreted as absolving or relieving Taylor Morrison of any obligations and liabilities that
accrued prior to such assignment and assumption. Such prior obligations and liabilities shall
remain the responsibility of Taylor Morrison.
6. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Taylor Morrison and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and condi"ti"ons of this Agreement si*mi'larly shall be binding upon the Property and
shall run with title to the same.
7. Applicable Law,. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved bthe City mi ssi
yon.
9.0 Entire A2ree.e,nt. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Taylor Morrison as to the
subject matter hereof.
10. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect i"n any
respect the validity or enforceability of the remainder of this Agreement.
11. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Taylor Morrison is an independent contractor and not an agent of the City,.
Nothing herein shall be deemed to create a j oint venture or principal-agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or
IF
the public in any manner, which would indicate any such relationship with the other.
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12. Sovereign Immunity. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28,Florida Statutes, or any
other limitation on the City's potential liability under the state and federal law.
13. City's Police Power. Taylor Mo son agrees and acknowledges that the City
hereby reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
{37525873;3} 7
BOOk8783/Page567 CFN#2016105583 Page 7 of 16
14. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or di"sfavored
regarding thel'wnterpretatl*on to this Agreementi"n the event of a dispute between the parties.
15. Permits. The failure of this Agreement to address ny particular City, county,
state, and/or federal permit, condition, term, or restriction shall not relieve Taylor Morrison or
the City of the necessity of complying With the law governing said permitting requirements,
conditions, term, or restriction.
16. Third-Party Rights. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
17,w 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 maybe obtained by a suit in equity,.
18. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs
through all appeals to the extent permitted bylaw.
19. Develo ment 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 Taylor Morrison or the Cit y of the
necessity of complying wl"th govern the ing said permitting requirement, condition, tertermor
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Taylor Morrison is in breach of an y term or condition of this Agreement.
20. Termination. The City shall have the unconditional right, but not the obligation,
to tenni nate this Agreement, without penalty, if Taylor Morrison fails to apply for and to obtain
ido
nfrastructure permits for roads, sidewalks, water, sewer, utilities and perimeter fencing, and to
re-commence construction of the Project within three (3) years of the effective date of this
Agreement. Before the City terminates this Agreement for the reasons described above, the City
shall first provide Taylor Morrison a Notice of its intention to terminate, and permit Taylor
Morrison to provide proof of its compliance with these terms within 30 days of its receipt of
Notice. In the event Taylor Morrison is unable to provide satisfactory proof of its compliance
with these terms, this Agreement shall be deemed automatically terminated and the City may
record, without objection or interference from Taylor Morrison, a notice of termination in the
public records of Seminole County, Florida. In addition, the City and Taylor Mo may
termnateiy this Agreement bmutual written agreement and upon such termination, the City shall
record a notice of termination in the public records of Seminole County, Florida.
21. Notices. Any notice required or allowed to be delivered hereunder shall be i"n
writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a
{37525873;3} g
Book8783/Page568 CFN#2016105583 Page 8 of 16
nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne,
Express Mail etc., addressed to a party at the other address as specified below or from time to
time by written notice to the other party delivered in accordance herewith.
Taylor Morrison Taylor Morrison of Florida, Inc.
Attn: Chris Tyree
151 Southhall Lane
Suite 200
Maitland, Florida 32751
Phone: (321) 397-7526
Fax: (321) 397-9113
With a copy to.. Heather M. Hi*mes, Esq..
Akerman LLP
420 South Orange Avenue
12t'Floor
Orlando,, Florida 32801
(407) 423-4000
City: Kevin Smith
City Manager
City of Winter Springs
1126 East State Road 434
49
Winter Springs,Florida 32708
Telephone: (407) 327-5957
Fax: (407) 327-4753
With a copy to: Anthony A. Garganese, Esq.
Garganese, Weiss&D'Agresta, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone., (407)425-9566
Fax: (407) 425-9596
22. Effective Date
(a) This Agreement shall become effective upon approval of the Agreement
by the City Commission and upon full execution by both parties hereto. All prior City
Developer's Agreements recorded in the Official Records of Seminole County, Florida
upon the Property shall remain binding upon the Property until terminated b the City bj(
recording a recordable instrument expressing the City's desire to so terminate. Nothing
herein shall be construed as the City abrogating, waiving, or releasing any rights the City
may have against prior developers or sureties under or through any prior developer's
agreements recorded against the Property, or as abrogating, waiving, or releasing any
rights or claims that the City may have against any surety that previously provided the
{37525873;3} 9
Book8783/Page569 CFN#2016105583 Page 9 of 16
City with a bond or letter of credit as a result of any prior development project approved
by the City for the Property.
(b) Upon execution of this Agreement by the parties, the original Agreement
shall be delivered to the City Attorney who shall record the Agreement in the Official
Records of Seminole County, Florida. The Agreement shall be recorded against the
Property legally described on Exhibit "A" and the Dry Pond No., 2 Property legally
described on Exhibit "B" and shall be deemed a binding covenant running with the land.
The City and Taylor Morrison agree to indemnify and hold harmless the City Attorney in
recording the Agreement and if applicable, the performance of the written escrow
instructions received by the City Attorney and set forth in this Agreement. Upon
recordation of this Agreement, the Agreement shall be deemed binding upon and shall
run with the Property.
[SIGNATURE PAGE TO FOLLOW]
137525873;3) 10
Book8783/Page570 CFN#2016105583 Page 10 of 16
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
ip
date first above written.
CITY OF WINTER SPRINGS
BY=
C 1 Lacey, Mayor
ATTEST:
By:
.,Luaces, City Clerk
41
414
APPROVED AS TO FORM AND LEGALITY
�. ���D .,..�! t� For the use and reliance of the City of Winter
-1cm
' Fl
SPrings, oriy
da, onl .
Ct
IT Y IV AL � : Dated:
4*4P41
X
01 h-1 y
.'.
Anthony arganese, City Attorney for the
City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMI N- OLE
Personally appeared before me, the undersigned authority, Charles Lacey well known to
me to be the Mayor of the City of Winter Springs, Florida, and acknowledged before me that he
executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and
deed, and that he was duly authorized to do so.
Witness my hand and official seal this day of J U1Y1Q , 2016.
,rte Hoar PUW sno.a ROWS
�
AMo,,;�,pia CormNotary Public
C0ffr*9wbwW FF 152895 My commission expires: a� I l a ('Z 0 ►t�
aF Exp .a�
� llarlo�e
{37525873;3} 11
Book8783/Page571 CFN#2016105583 Page 11 of 16
Witnesses: TAYLOR MORRISON OF FLORIDA, INC., a
Florida co anon
By ��-'
amAr N a Rfee:
Title: !/i/�11
P nt e: ��,�,�,��� 4L(a�cv� D ate: � l� 2016
STATE OF FLORIDA
COUNTY OF ORANGE
The in w acknowledged before me this�_day of.�..-�-� ,2016
by.., �n his/hercapacity asof Taylor rrison of Florida, Inc., a Florida
corporation, on beh f of said corporation, and who is personally known to me or [ ] who has
produced a F1orida driver's license as identification.Witness my hand and official seal this
day of 7 �n� .2016.
RL
Notary ublic
My commission ex ' es:
�,�r• �,
COYADAW
MY COMWS"t FF 153472
_'• �go.=
�� lt�..�h'•, october 19, 01i8114fty
rnwrUs8odTnUnft
(37525873!&3) 12
Book8783/Page572 CFN#2016105583 Page 12 of 16
EXHIBIT "A"
Legal Description
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Book8783/Page573 CFN#2016105583 Page 13 of 16
APART OF THE SOUTHWEST 1/4 QF THE NORTHWEST 1/4 PF SECTION 3,TOWNSHIP 21 SOUTH.,
RANGE 31 EAST.,SEMINOLE COUNTY,FLORIDA AND PART OF LOTS 19,-20&FLORIDA AVENUE,
MAP QF THE VAN ARSDALE 08BOURNE BROKERAGE COMPANYS ADDITION 70 BLACK
HAMMOCK,ACCORDING TO PLAT BOOK I i PAGE 31,PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3;THENCE N.00*2925"W.,,ALONG THE
WEST LINE OF SAID SOUTHWEST 1J4,R DISTANCE OF 1,329.57 FEET;THENCE N.89*3VI6"E.,A
DISTANCE OF 660.31 FEtl THENCE S,OX292"rE.,A DISTANCE OF 1,020.60 FEET,,THENCE
N.89*4078"IE.,A DISTANCE OF 635,,30 FEET;THENCE$,,00"29'49"E.,A DISTANCE OF 309.49 FEET;
TH E NC E 8.89°41'15"W.,A DISTANCE OF 35.00 FEET;THENCE S.00°26'1 G"E r I A DISTANCE OF 25.U0
FEET;TH E NCE N w89*4 I'l 5"E-o p A DISTANCE OF 35.00 FEET;THENCE 8.00'*26'19"E.,A DISTANCE OF
617.77 FEET;THENCE 5.89°26'17"W.,A DISTANCE OF 476.37 FEET 7O THE POINT OF CURVE OF A
NON TANGENT CURVE TO THE LEFT,OF WHICH TWE RADIUS POINT LIES 8.15*2618Wj A RADIAL
DISTANCE OF 771.20 FEE-i-,;THENCE WESTERLY ALONG THE RRC AND NORTHERLY RlIGHT&.0Fw
WAY LINE
OF STATE ROAD 434,THROUGH A CENTRAL ANGLE OF 16d'02101"1 A DISTANCE OF
215.81 FEET; THENCE S98W26'1 7*W;e 4 ALONG THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD
434,A DISTANCE OF 483,5b FEET;THENCE N.00"34'02"W.,A DISTANCE OF 286.00 FEET;THENCE
S-v87"1 6'54'Wo i A DISTANCE OF B8.11 FEET;THENCE N.72*55'05'W.,A D ISTANCE OF 59.18 FEET TO
THE EASTERLY RIGHT-OF-WAY OF BEACON STREET;THENCE N.00621"21'Wv,ALONG SAID
EASTERLY RIGHT-OF-WAY,A DISTANCE OF 316.87 FEEL";THENCE S.89041'15".,A DISTANCE OF -
20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,840,198 SQUARE FEET OR 42.2451 ACRES,MORE OR LESS
LESS AND EXCEPT:
PART OF LOT 20:,MAP OF THE VAN ARSDALE OSBOURNE BROKERAGE COMPANYS ADDITION TQ
BLACK HAMMOCK,ACCORDING TO PLAT BOOK 1,PAGE 31,PUBLIC RECORDS OF SEMINOLE
COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE WEST 114 CORNER OF SECTION 3,TOWNSHIP 21 SOUTH RANGE 31 EAST.
SEMINOLE COUNTY FLORIDA;THENCE N.894411 Sn E.,ALONG THE EASY-WEST CENTER SECTION
LINE OF SAID SECTION 3,A DISTANCE OF 660.74 FEET;THENCE 5.00'22'02"E.,A DISTANCE OF
25-900 FEET TO THE NORTHWEST CORNER OF SAID l07 20 AND THE POINT OF BEGINNING;
THENCE N.,894'41'1 5"E,',ALONG THE NORTH LINE OF SAID L07 20,A DISTANCE OF 634.95 FEET TO
INE WEST RIGHTl-OFowWAY LINE OF DELEON STREET BEING 25.00 FEET WESTERLY FROM THE
CENTERLINE OF SAID DE ON STREET;THENCE&00*2619"E.,ALONG SAID WEST RIGHTwOFwWAY
LINE,A DISTANCE OF 8'17,77 FEET TO A POINT LYING 25.00 FEET NORTHERLY OF THE BASELINE
OF SURVEY OF DELEON STREET(HAMMOCK LANE)(FDOT SECTION 77070w2520)-;THENCE
8.89026'17*W..,ALONG A LINE 25.00 FEET NORTHERLY AND PARALLEL OF SAID BASELINE.,A
DISTANCE OF 476.37 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 434 PER SAID
FDOT SECTION AND BEING ON A NON TANGENT CURVE CONCAVE SOUTH,HAVING A RADIUS OF
771.20 FEET,A CHORD BEARING OF N.80'p 32'50"VVO I AN D A CHORD DISTANCE OF 161.73 FEET;
THENCE WESTERLY ALONG SAID NORTH RlGHT%s0FvoWAY LINE,THROUGH A CENTRAL ANGLE OF
lrOZ15"s AN ARC DISTANCE OF 162.02 FEET TO THE WEST LINE OF SAID LOT 20;THENCE
N.00"22'OZW,,ALONG THE WEST LINE OF SAID LOT 20,A DISTANCE OF 592.41 FE TO THE
POINT OF BEGINNING.
CONTAINING 390,673 SQUARE FEET DR 8.9666 ACRES,MORE OR LESS.
EXHIBIT
A
(323153281:1) ...
Book8783/Page574 CFN#2016105583 Page 14 of 16
EXHIBIT ..B„
Dry Pond No. 2
{37525873;3} 14
Book8783/Page575 CFN#2016105583 Page 15 of 16
EXHIBIT "B"
]Dry Pond No. 2
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I"CH .�.NI� DES�"�ilPT1C1.t'V
nVT A BOUNDARY SURVEY
AT�port os thr south 5"64 foo of ua. "St &".so r00
PDLW.Wt -----------
P,...........
wt or tno NW t/4 or Ow NW 114 w Sfttbo J TowrmOO
2t South, Aaige 3 t Eawt SoftlmaM Coun�, FJorida., bftAbrtA of bomftkwy ft"t t por Officiai, ftcard*
Bgok T&35. Pair I 33 1. Pub& A*cords of j f7orido.
briny mar pYorttcukrty d4scrgwd as foft*m:
Comrnsnce -at ow M+sst t/# corner at Srtcteon J. TownsWp 21 Southo Rom 31 Emt, Somkk" Oavr*, Fkwidai
Ownce N.0X29'.'25"W,.:, oksnQ the Wmt r~- of said Swtba Aa d.WW-nce of Y,.329.57 two t4 this Southwee camar
W bowiNftry Amo. og Pw OftW Skx* 735:f. ftoo 1331, PuW Records of S0r#Wn** CountV, Fhx**&
and tM PO#ff Of BE' t-.hon" Corttunw NkW29*25V* along said Wut Hrrk o dPsGwst:t of ISM02 fit: Vwmwo
MOM"00T.. Q 4GfICo of 1$4,00 (*of RO th@ pokwt OI CUM 4/ o ttQRt tQ1Nj#flt CUIYe f0 fhM }. of MhC*. tho.
rodfus int Mw k.48'46�491.. o rad7ot diatame of 216.69 f*&t-* thence South*asterfy atnnQ the arc. through o
c*atrol arp4M -of 27"40"37', a distance of 104,87 feat to the print a7 corm of o non tovent cum to the h4% of
which Char rodita point "s N.1S.39',36T.. a rodot distom* o/ 719.6# lost: thonce Costody Wong tho orco, through o
control o»gJs of 1734'5 1`, a distance of 220.82 het to o point of campourrd trove to the isft Anvwrw�g a radYiur of
140.41 feet and a control ongls of 55'42022*: thr►rtco MwtAeasbrly s7fotiQ tha acne. C Of t&S.iC# /pC:
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Book8783/Pa e576 CFN#2016105583 Page 16 of 16