HomeMy WebLinkAboutWinter Springs Holdings, Inc. Magnolia Park Impact Fee Credit Agreement - 2009 11 12 IMEN noMINIM INIINN 111111111111 looINN
MARYANNE MORSEL CLERK OF CIRCUIT COURT
SEMINOL.E COUNTY
BK 07290 Plls 0467 - 4781 t12p9s1
CLERM S 0 2009131327
Prepared by and return to: RECORDED 11118/2009 02 j 20151 PN
Anthony A.Garganese RECORDING FEES 103.S0
City Attorney of Winter Springs
RECORDED BY T Saith
�J Brown,Garganese,Weiss&D'Agresta,P.A.
I I I N.Orange Avenue,Suite 2000
Orlando,Florida 32802
MAGNOLIA PARK EXPANSION
PARKS AND RECREATION IMPACT
FEE CREDIT AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into effective this
M 2 day of pJe m 0gC , 2409, by and between Winter Springs Holdings,
Inc., a Delaware corporation, whose address is 900 Seventh Street NW, Ste. 1020, Washington,
DC 20001, and its successors and assigns (the "Owner"), and the City of Winter Springs,
Florida (the "City"), a Florida Municipal Corporation, whose address is 1126 E. State Road 434,
Winter Springs, FL 32708.
COMMON RECITALS:
WHEREAS, the Owner is the owner in fee simple title to certain real property (the
"Property") described in Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, the Property is subject to that certain Implementation Agreement (the
"Implementation Agreement"), recorded in the Public Records of Seminole County, Florida in
Official Records Book 6599,Pages 1705-1726; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement, the Owner
agreed to convey a portion of the Property (0.417 acres) to the City along Tuscawilla Road for
park purposes (the "Park Property") as described in Exhibit "B" attached hereto and
incorporated herein by this reference; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement and Section 9-
391.5 of the City of Winter Springs Code of Ordinances, the City has agreed, in exchange for
the conveyance of the Park Property, to provide a parks and recreation impact fee credit (the
"Parks and Recreation Impact Fee Credit") to the Owner equal to the appraised value of 0.25
acres of Park Property, with the remaining area within the Park Property being donated to the
City; and
WHEREAS, tie Owner and the City agree that the Park Property has an appraised value
of Seventy-Seven Thousand and No/100 Dollars ($77,000.00), and the pro rata appraised value
of the .25 acres of Park Property for which the Parks and Recreation Impact Fee Credit shall be
TM 358,148,941✓2 OT-W48.010200 1
Book72901Page467 CFN#2009131327
provided is Forty Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16)
and said prorated appraised value of$49,302.16 shall be the basis for calculating the Parks and
Recreation Impact Fee Credit; and
WHEREAS, upon conveyance of the Park Property to the City, the Owner will be the
owner of the remaining real property legally described on Exhibit "C" attached hereto (the
"Remaining Property"); and
WHEREAS, at the effective date of this Agreement, Owner does not have any pending
City building permit applications related to the Remaining Property to which to apply the Parks
and Recreation Impact Fee Credit; and
WHEREAS, the Owner and the City now desire to complete the real property
conveyance mentioned above and memorialize, in writing, the amount of the Parks and
Recreation Impact Fee Credit and the manner in which said credit can be used during the
future development of the Remaining Property.
WITNESSETH:
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein, the parties agree as follows:
1. Recitals. The parties agree and acknowledge that the recitals above are true
and correct and that it is the intent of the parties by entering into this Agreement to create a
legally binding contract.
2. Park Property Conveyance. The Owner agrees to convey to the City
marketable fee title to the Park Property within seven(7) days of the Effective Date, and the City
agrees that such conveyance shall satisfy any and all obligations of the Owner set forth in
Section 7.0 of the Implementation Agreement.
3. Parks and Recreation Impact Fee Credit. Pursuant to Section 9-391.5 of the
City of Winter Springs Code of Ordinances, a Parks and Recreation Impact Fee Credit of Forty
Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16) is granted for the
Remaining Property. Nothing herein shall be construed as granting any other impact fee credit.
4. Covenant Running with the Remaining Property• Application of
Credit to the Remaining Property. The Parks and Recreation Impact Fee Credit
identified herein shall run with title to the Remaining Property, which is legally
described in Exhibit "C." The Parks and Recreation Impact Fee Credit shall only apply to
offset, diminish, or reduce any Parks and Recreation Impact Fee that is due and owed the City
under the Winter Springs' City Code as a result of the future development of the Remaining
Property. As such, the Parks and Recreation Impact Fee Credit shall not offset, diminish or
reduce any other charjes, fees or other impact fees for which the Owner, or successor owners
of the Remaining Property, are responsible in connection with the development of any
TCO 358,148,941 v2 073448.014200 2
Book72901Page468 CFN#2009131327
other real property. Further, the Parks and Recreation Impact Fee Credit shall not be
assignable or transferred to any other real property.
5. Future Aipportionment of the Parks and Recreation Fee Impact Credit to
the Remaining Property. The Parks and Recreation Impact Fee Credit shall be applied as
Owner sequentially proceeds with the development of the Remaining Property and building
permits are issued by the City on a first in time basis. The application of said credit shall
continue until it has been fully applied to off-set, diminish, or reduce the Parks and Recreation
Impact Fees that are owed to the City. However, in the event that the Owner subdivides all or
part of the Remaining Property, and later conveys a portion of the Remaining Property that has
been subdivided, the Owner shall be responsible, at its discretion, for apportioning, in whole or
in part, the Parks and Recreation Impact Fee Credit to itself and any successor owner's of the
Remaining Property. The Owner shall provide written notice to the City of any apportionment of
the Parks and Recreation Impact Fee Credit within seven(7) days of said apportionment, and the
City shall have the right to rely on said apportionment, without penalty or liability, when
applying the Parks and Recreation Impact Fee Credit to any future development of the
Remaining Property. it shall be the Owner's, or successor owners', obligation to notify the
City that they are requesting that the Parks and Recreation Impact Fee Credit be applied at
the time payment of the Parks and Recreation Impact Fees are due.
6. A licable Ln act Fee Rates. The Parks and Recreation Impact Fee Credits granted to the
Owner hereunder shall be available to the Owner to offset any parks and recreation impact fees assessed,
levied,or payable in connection with any firture development of the Remaining Property.
7. Authori .
A. The City hereby represents, covenants and warrants to Owner, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by the City,
and the granting of Parks and Recreation Impact Fee Credits to Owner hereunder, and the
performance by the City of its obligations under this Agreement: (i) are within the City's
capacity and authority and all requisite action has been taken to authorize the execution and
delivery of this Agreement by the City and to make this Agreement valid and binding on the City
in accordance with its terms; and (ii) does not and will not (a) result in a breach of or default
under any indenture, agreement, instrument or obligation to which the City is a party and/or
which affects all or any portion of the Property; or (b) constitute a violation of any ordinance of
the City of Winter Springs or of any other governmental requirement. The person executing this
Agreement on behalf of the City has been duly authorized to act on behalf of and to bind the
City, and this Agreement represents a valid and binding obligation of the City.
B. Owner hereby represents, covenants and warrants to the City, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by Owner
and the performance by Owner of its obligations under this Agreement: (i) are within Owner's
capacity and authority and all requisite action has been taken to authorize this Agreement and
make this Agreement valid and binding on Owner in accordance with its terms; and (ii) does not
and will not result I a breach of or default under any indenture, agreement, instrument or
obligation to which Owner is a party and/or which affects all or any portion of the Property. The
TCO 358,148,94i✓2 073448 010200 3
Book7290/Page469 CFN#2009131327
person executing this Agreement on behalf of Owner has been duly authorized to act on behalf of
and to bind Owner, and this Agreement represents a valid and binding obligation.
8. Termination. This Agreement shall terminate at such time that the City
recognizes, by written notice to Owner or any successor owner, that the Parks and Recreation
Impact Fee Credit has been fully applied and exhausted. Notwithstanding any provision of the
City's Code of Ordinances to the contrary, the Parks and Recreation Impact Fee Credits granted
to the Owner hereunder shall not expire and shall be available to the Owner at all times until
exhausted. Upon termination by the City, no further Parks and Recreation Impact Fee Credit
shall be due under this Agreement, and the City shall have the right, but not the obligation, to
record a Notice of Termination of this Agreement in the Official Public Records of Seminole
County,Florida.
9. Indemnification and Hold Harmless. To the extent provided by law, the
Owner, or any successor owner of any portion of the Remaining Property, agree to indemnify,
defend and hold harmless the City from and against all claims, Iosses, damages, attorney's fees,
or liability, arising from or out of the apportionment of any of the Parks and Recreation Impact
Fee Credits by such Owner or the respective successor owner, if applicable, provided the City
has applied the Parks and Recreation Impact Fee Credit to the Remaining Property in accordance
with the terms and conditions of this Agreement and any written notice of apportionment
provided under Paragraph S of this Agreement. This indemnification shall obligate the Owner,
or the respective successor owner, as applicable, to defend at its own expense or to provide for
such defense, at the option of the City, as the case may be, of any and all claims of liability and
all suits and actions of every name and description that may be brought against the City resulting
from any claim against the Owner or such respective successor owners, as applicable, for an
apportionment of the Parks and Recreation Impact Fee Credits under this Agreement.
10, Miscellaneous Provisions.
i. Applicable Law and Venue. This Agreement shall be governed by and
construed under the laws of the State of Florida. The parties shall attempt
in good faith to resolve any dispute concerning this Agreement through
negotiation and/or mediation between authorized representatives. If these
efforts are not successful, and there remains a dispute under this Agreement,
either party may then file an action in the Circuit Court of Seminole
County, which shall be the exclusive venue with respect to any disputes
arising out of this Agreement. This Agreement shall not be construed or
characterized as a development agreement under the Florida Local
Government Agreement Act.
ii. Entire Agreement. This Agreement is the entire agreement between the
parties, and supersedes all previous oral and written representations,
agreements and understandings between the parties. Except as otherwise
provided herein, this Agreement shall only be amended or cancelled by
Wnutual written consent of the parties hereto or by their successors in
interest. A copy of this Agreement shall be recorded by the City in the
TCO 358148,941v2 073448.010200 4.
Book7290/Page470 CFN#2009131327
Official Public Records of Seminole County, Florida, within fourteen
(14) days after the City enters into this Agreement. The Owner shall
pay all costs of recording this Agreement.
iii. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of
which together shall constitute one and the same instrument.
iv. Effective Date. The effective date of this Agreement (the "Effective
Date") shall be the date when the last one of the Parties has properly
executed this Agreement as determined by the date set forth immediately
below their respective signatures and shall be binding upon all successors
in interest to the parties.
V. Notices. Whenever any of the parties desire to give notice to the
other, such notice must be in writing, sent by U.S. Mail, postage prepaid,
addressed to the party for whom it is intended at the place last specified;
the place for giving of notice shall remain such until it is changed by
written notice in compliance with the provisions of this paragraph. Until
otherwise designated by amendment to this Agreement, the parties
designate the following as the respective places for giving notice:
For the OWNER: Winter Springs Holdings,Inc.
900 Seventh Street NW, Ste. 1020
Washington,DC 20001
Telephone:
Fax:
WITH A COPY TO: .Tames R. Difede,Esq.
Potts-Dupre,Difede &Hawkins, Chtd.
900 Seventh Avenue,NW
Suite 1020
Washington, DC 20001
Telephone: 202-223-0888
Fax: 202-223-3868
For the CITY: City of Winter Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs,FL 32708
Telephone: 407-327-5957
Fax: 407-327-4753
[SIGNATURE PAGE TO FOLLOW]
TCO 358,144SWIV2 073448.010200 5
Book7290/Page471 CFN#2009131327
IN WITNESS WHEREOF, the parties hereto have caused this A eemertt"fid be•executed
by their appropriate officials, as of the date first above written.
r
WITNESSES: CIT WINTIR,',y RIS ''..
- C�)
U;1Lf{Tri G7vf` By: /:f • C,
(signatur J F. Bush, I�sla�O, `ON t
(printname) ATTEST: ;``''•,.••••� -'
t
cJ By:
dig'n!tu1r Andr` enzo- Luaces, City Clerk
_
ay-A AD L �f7�t.v c- Date:
(print name) ;
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
2009, by John F. Bush, Mayor of the City of Winter Springs, (check one) s-•-
who is personally known to me or ❑ who produced as
identification.
a
Notary PVblic
Print Name:
My Conunissi n e S:r4fltgry Public State of Florida
Andrea Lorenzo-tuaces
My Commission OD664334
Expires 0510912011
TM 3W,1,M SM1✓1073¢48.010" 6
Book72901Page472 CFN#2009131327
W TNESSES: WINTER SPRINGS HOLDINGS,INC., a
Delaware corporation
(sign tore By:
Lindell K. Lee, President
(print e)
Date:
(S fie)
(print name)
S A
E
The foregoing instrument was acknowledged before me this day of
2009, by Lindell K. Lm President of the Winter Springs Holdings, Inc., a
Delaware corporation, (check one) who is personally known to me or ❑ who produced
as identification.
Not &bllc
�7,19},. J Print Name:
My Commission expires: l Y120
:., isr OF...... J
t� ElzabeM bard
POOUry Public,DlsMet of Cohn
� My
OV"*81an Expo 4/14Wf i
6
Book72901Page473 CFN42009131327
L GAL DESCRIPTION:
A PORTION OF LOTS 7 AND 8. BLOCK "A DEp.R. 140CHELL'S SURVEY OF THE LE`1A GRANT ON LAKE dESSUP,
RN4QGE Sp EAST ACIN SECOR4NC TO THEOPL THS EREOFDRS REROEDU 1H. RANGE 11 PLAT BDOKT AND tI�QPAG N 6 5�DF*THEZPUBLIC
RECORDS E T, ACO COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND 16. SKEET 0 O (PER FLORIDA DEPARTMENT
RUN TRANSPORTATION
A OISTAfI OF WAY of 27 48 FEET ALONG THC WELINE SKEET
SURVEY IAS SHOWNATDN 58ADIfl RIGHT)OF HENCE
UN M30*041'
WA57ER � yHENCE RIGHT DFDW�A DEPARTING
NI4E DFDTUBS EwILLAINE RROnD (FORMERLY X OWN A56-E A S BRANTLEOF Y AvmE)ET �AS POINT ON THE
SHOWN ON SMO RIGHT OF WAY irsAP; THENCE CONTIN E N30'0456"E AkDNG SAID EASTERLY" GHT OF WAY
UNE, A 01STANCE OF 55.62 FEET FOR A POINT OF BEGINNING: THEiZE CONTINUE N3D'04"56 E, ALONG SAID
EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 1279.13 FEET TD A POINT ON A NON-TANGENT CURVE CONCAVE
QNSTHE YIESTERLY LINE OFSTHE C.S.X.99 FEET AND A CHORD 8EAR%NG OF S 12'25'1 TRANSPDRTATsONu4COR ORATED "LAKE CHARM BRANCH SAID RAIL ALSO BEING
CORRIDOR.• THENCE DEPARTING SAID RIGHT OF WAY LINE RUN ALONG SAN WESTERLY LINE AND ALONG
THE ARC IIFt4CEGRUN S15-33-47W fA pLt$TANCE OF
0 i 3�7 FEET01 To IKE OF
0RT214WE9T FEET TO
Of Rpfp��OF
TANGENCY: A DISTANCE OF 104.80 FEET TD
PARCEL 2 AS DESCRIBED IN OFFICIAL RECORD BOOK 3988. PAGE 1095: THENCE DEPARTING SAID WESTERLY
LINE RUN S57'01 441 ALONG THE 14ORTHERLY LINE OF SA1Q RELEASE PARCEL 2,
ACCQUISITION�PARCEELL B (THE RAILS TO TRAILS CORRIDOR) SPDESCRINj BED I�f�OfFICIAL REta�RO tiouK i082�
PAGE RUN 5 64. THEN A DESNifAlNUE DF7.04}417EF E ALONG
A Aa IT DFDuTHEGLuRVATURE OFSA TANGENT CURVE CONCAVE ANCE OF 95.46 FEET: CE
NORTHERLY,ANGLE OF HAVIMG. A RADIUS
DISTA4 OF OF GO B IF EEET THENCE
ETO CE PDiHTLCFGREVERSEtCURvniLURE 9 CURVE'BEING�L
CONCAVE SOUTHERLY, HAVING A RADIUS OF 500.00 FEET;
THENCE RUN ALOrtG THE ARC OF
FEET-
SMD CURVE THPU A CENTRAL. ANGLE OF 38'11 46 A DISTANCE OF N S46-13-52"E FEET TO THE POINT OF rANGIt4GY;
THENCE RUN S77'43.04'E A DISTANCE OF 187.98 FEES; THENCE RUN a DISTANCE OF UNE FEET
,HENCEN&ITHYE UN S '50LIN43' SAID ACQUISITION OF 562.97
El aETTENGe RlN3N 45p 31O'SB�, ALQNSOUTHERLY
DS D LY UNE AND THE
OF STATE RORALD 434,(PERDISTANCE
FLO IRDADDEPARTMENT OF TRAP7SPORTAFEET TO A POINT TIONTHE
RIGHT�OF wAf MAP,RIGHT
SECTION 7070LINE
2516, SHEET 11 OF 13): THENCE DEPARTING SAID NORTHWESTERLY UNE RUN N38'43'! Rv, ALONOF G SAID
NORTHEASTERLY RICHT OF WAY LINE. A DISTANCE
HAVINA 431075 FEET
T7TO THE FEET AND A POINT OF CHHORD BEAARINGNor
TANGENT CURVE CONCAVE SOUTHWESTERLY.
N37'00'57'W; THENCE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 3'24'37" A DISTANCE
OF 470.54 FEET TO T14E ENO OF SAID CURVE; THENCE RUN 551'I6'44'W A DISTANCE OF 140E FEET; THENCE RUN
N3VQ'16*W A OISTANCE OF 135.42 FEET TO THE SOUTHEAST CORNER OF AFORESAID RELEASE PARCEL 2; C'w
THENCE
HEN Eh'GE Ca TINUE N38'43 6"W DIS A14CE OF
138.78
3 8.F2 ETT TOETHE UIDST SOUQ CORNER
CORNER OF THOSE
V+NOS DESCRIBED IN OFFICIAL RECORD BOOK 2803. PAGE 643: THENCE DEPARTING SAID NORTHEASTERLY
DISTANCE
C P
C!No
OF WAY UNE RUN N3D'D4'S6'E. ALONG THE SOUTHEASTERLY LINE OF SA+D PROPERTY . a DIST N OF
MIGHT FEET; THENCE RUN N38'43'l6'W, ALONG THE NORTHEASTERLY LINE OF SAID PROPERTY, A DISTANCE OF Fuy
200.00 FEET TO THE POINT OF BEC1N14RNC.
TOGETHER WITH:
E LEVY A PORTION OF LOTS 7 AND 8, 6LDCK "A D.A. MITCHELL' GEV31 EASTHAN0 SECTION fi�TOWNSHIPN WE E21VSOUTH. � =
SNO LANDS LYING SN SECTION 31, TOWNSHIP 2D SOUTH. • S
RE<DRDST Of SEMINOLE CIEUNTY, FLORIOAT BE NCEDIaoRE PARncuLARLY OESCRIBEDK AS OLLOWS:OF THE PUBLIC :i4 Lift
COMMENCE AT SHE INTERSECTION OF STATE ROAD 434 AND TUSKAIHILLA ROAD APER FLORIDA DEPARTMENT 1� _
92 f
RUN S}95 3p3 AEOp dII�G7ANCE OF 172s�58 FCEfE ALO G THE BASe:4HNETOF SURVEY F 13.AS SHOWN ON I. STATION DSMD RIM THE
N E
NWAY MAp;ORTHEASTERLY )F OF WAYSLINE OFE7VSKAWIL4A ROAD 5 FO iaERLYT KNDWHFA578RANTLEI AVENUE). AS.29 TO A POINT ON E
SHOWN ON SAID RIGHT OF WAY MAP, FOR THE POINT OF B$G1N"NC• THENCE RUN N50'31'58E A DISTANCE OF
1.033.48 FEET- THENCE RUN N39'?B 02'W A 01STANCE DF 15.04 FIST THENCE RUN 7'54'NSD* T'S8"E A DISTANCE OF
156,44 FE. HNCE RUN33EOA DS7nNCEIOFA57£62F94.74 FEET.FEET; THENCE RUN 9B8'24'08RUN $47'54'35-E
ESA D;STANCE1OF 5248FPEE�
TO IKE EASTERLY LINE AIF BLOC% A , O.R. MITCHELL S SURVEY OF THE LEVY GRAFT ON LAKE yE55VP AS"
RECORDED
IN OF 25 T F�ET:I THENCE i�EPARTICNG$WD UN SEA57ERLY LINE OF BLk3-52-W ALONG OCK�"ATERtII! 562.35'00"W LCA A A
DISTANCE OF 109.52 FEET: THENCE RVN S50'54'04"W A DISTANCE OF 11.72 FEET: THENCE RUN
s52'OS 03;1Y A DISTANCE
STANCE OF 8 60gFEET- THENCEERUNN5529,00'27V
9 03 23"W AADISTANCEEQ F9T 926FEETT THENCE 4UN
POI
544,20'04'E
0 EMENTENEAISTAANNCEE Of 1715.05 B 9CK THENCE THENCE RUN ALDNCESAIDIEASTERLp LINE OF BLOCK
r 71.69 FEETO A POINT ON THE
505'13;52'7 A DISTANCE OF 42.59 FEET; THENCE DEPARTING SAID EASTERLY LINE OF t3LOCK A' THENCE RUN
TANC
N27'56,261Y A DISTANCE DF 41.29 FEET; YTHENCERR NNSB930fi 27 W AD0 STANNCEEOF557 99FFEET. THENCERRIJN
N52.3201"W A DISTANCE OF 245.40 FEET; THENCE RUN
S6F37'D2'8 A DISTANCE OF 39.09 FEET; THENCE
RUN 5!0'22?617V A DISTANCE OF 55.95 FEET; THENCE RUN
S28'55'33"w A DISTANCE OF 34.27 FEET; ,131w
RUN
S03'05'47'W A DISTANCE OF 5x.29 FEET: THENCE RUN SD2 W A DISTANCE OF 34.86 FEET: THENCE
S00'47'47W A DISTANCE OF 49.12 FEET: THENCE RUN 507?''25'2227 n DISTANCE OF 52.87 FEET: THENCE RUN
567'08:00 W A DISTANCE OF 15.29 FEET ; THENCE RUN 579'35'017 A DISTANCE OF 69.29 FEET: THENCE FEET; THENCE RUN
OF
N89'T8 43W A DISTANCE OF 96.92 FEET: THTHENCERRUN NSQ9'5129-W AODISTTAANCE OF 13 058FEET-. THENCE RUN
N
58504'53-w A DISTANCE DF tas.65 FEET; STANCE or FEET
AfOaEAIEN ONEDINORT EASTERLY R?GHFETEOFTWAY LWERUN
OFSiyI5KAWILLA ROAD; THENCE RUN OALONG TTHE POINT ON H
SAID O8ER NORTHEASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD N3a'43'16"W A DISTANCE OF 73.56' TO THE
POIN
CONTAINS 46.553,ACRES (2,027,848.58 50. FT.), MORE OR LESS.
RIC EXHIBIT
Book72901Page474 CFN#2009131327
Sheet 1 ��) f
See Sketch of Description II l�
Included as Attachment"A"
DESCRIPTION
That part of Lot 5, Block "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as
recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being
more particularly described as follows:
COMMENCE at the Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book 53, Pages 45-49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right-of-Way of TUSKAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the
Public Records of Seminole County, Florida; thence run N.59°3138"W. along the Westerly
prolongation of the South line of said Lot 3I for a distance of 15.00 feet to the East Right-of-
Way line of said TUSKAWILLA ROAD; thence S.30°04'55"W. for a distance of 1478.38 feet;
thence S.59°55'05"E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N.30°04'55"E. along the East Right-of-Way line of said TUSKAWILLA ROAD per Official
Records Book 5510, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non-Tangent curve concave Northwesterly, having a Tangent Bearing of
S.10°12'00"W., a Radius of 1,110.99 feet and a Central Angle of 05°21'47"; thence
Southeasterly along the arc of said cu rve and the West Right-of-Way line of the C.S.X
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR, a distance of
103.99 feet to the Point of Tangency; thence S.15°33'47"W., a distance of 266.49 feet; thence
N.59"55'05"W., a distance of 97.55 feet to the POINT OF BEGINNING.
Containing 0.417 acres (18,159 square feet), more or less.
T09-A39
Prepared by: This description and the accompanying sketch or
sketches has been prepared in accordance with the
Tinklepaugh Surveying Services, Inc. Standards set forth in Chapter 61G17, F.A.C.,
850 Courtland Street pursuant to Chapters 177 and 472, Florida Statutes.
Suite 2-A Unless it bears the signature and the original raised
Orlando, Florida 32804 seal of a Florida licensed surveyor and mapper this
(407) 262-0957 drawing, sketch, plat or map is for informational
purposes only and is not valid.
Revised: 11-12-09
_RPB T W. MONACO P. .M# 5980
Date: 41.611tM�+e
Book72901Page475 CFN#2009131327
SKETCH OF DESCRIPTION LEMILITY WP'SATIIFKTOn
ATTACHMENT 'A' LOR sc" N`4
-- NOT A SURVEY --
a�
P.O.C. ^�
00
8
SOUTHWESTERN MOST CORNER OF ���`"
° LOT 31, ST. JOHNS LANDING I I/
(P.B. 53, PAGES 45-49)
AD
Qv S)
02
SURVEYOR'S NOTES
1. Bearings ore based on the East
right-of-way line of Tuskowillo Road,
being N30'04.55"E. _ `o'er / 0) a
2. This is not a Boundary Survey. rj
No comers were set. �� /,� � p
o O 9?
3. This site contains 0.417 acres �� ^�//j� k !I .
(18,159 square feet), more or less. ��h� /^j / a --j ►•+,
CQ
LEGEND / 0 2/ Q4
3 a�N
aa
CENTERLINE �v°j/moo///��hh
D DELTA
L ARC LENGTH40 a�
O.R.B. OFFICIAL RECORDS BOOK
P.B. PLAT BOOK
P.O.B. POINT OF BEGINNING '�`S9• -��+ /'
P.0.C. POINT OF COMMENCEMENT
P.T. POINT OF TANGENCY So
R/W RIGHT-OF-WAY / ;ti so,
RRADIUS P.O.B. 50• '
T.B. TANGENT BEARING 1
MAGNOLIA PARK ACOJISITION
(O.R.B. 5510. PAGE 1286) Tinklepaugh
REVISED - 11 12/09 - R.W.M.
REVISED - 5 6/08 - A.D.A. SURVEYING SERVICES, INC.
REVISED - 2/25/09 - A.D.A. 850 Courtland Street, Suite 2-A o Orlando, Florida 32804
1:\TO9A39\TO9A39.dwg 11/12/2009 Tele. No. (407) 292-0967 Fax No. (407) 879-8915
DRAWING No. T09A39 FILE No. SX-7035-09 LICENSED BUSINESS No. 3778
Book7290/Page476 CFN#2009131327
EXHIBIT"C"
Legal Description of the Remaining Property
LEGAL OESCR%PT10N:
sawLxafsa,�»+�c*t7s[cnc"3 L tt o=0 gNANCNCE 3i usi °NUUM vw ]t NW-1 .
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LXyplpaCE AT 7NE 9(TEp9ECT10N OF STATE ROAO x34 AND TVS 1RQ [1P3ER P X11? x+32.10.TW-NCE
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THE
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p£AR6 SAID 949f�6N 1tU JIL� 3S� OLST pFRVE/77.19 TO A POINT gN
Y RIGHT OF WAY LWE OF tO�A1A R9AG SFORUEIOY NSiOwN AS 6RAHTL,T�Y AWNU.
AS
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p PLAT NE 1 PAGt A''TNENCE Ruud SOYt 'Sill.ALOW,StMD EJ�4jER L ,
ORT QDIST��Q7C CF 151.66 F'EE'T: RVI SS?54'0a�'1 A aWAWQREE2EOF 116.7DZ FEET•THEN 3 Rl1N�T,INj ACC
DISTANCE
S,52=`D3"I ''W AOF OOOt DIST or F d5.99.60 FLET'1TNCNTHE CC 1R1N S�2S1'�T AAOISTANCE Of 97A99.2a�FEET.TMLlTq RUN
S3703'Oa'E A GST OF 8.6017e. FE'E7 RUN 537'21'371E A DISTANCE 4F'l F.W FET TDAiFORDAP A P09tT GTI THE
HED EASTERLY LIME OF iaELEOrCK�eA, 7" MTt�C SAA T[RL'f UMO K Of KOCK'Y UNE OrRUM
g t 1T A DNST OF 4i 39 Fir ltiE]i�-E RLYi M3P31'Oi'W A DWANCE OF 5439 FEV7 TNOCC RUN
N2T5B'2 19 ARUNST OF
5RUN
668337'02'19 A OLST�+110E OP 35.09 -'THENCE RU Si6'29�24-1 A OISTANC1EOF 41.50 : E M
S29 533111 A OTSL9tCE gF 34•17 TMENCE RUM S1C921614 A OWANG OF 55.95 TNEI+CE R6t
SOSOS x719 A GSTANCE F 57.29 FEET: MENOE]RUN so"1'1319 A WSTANC OF 3036 E
SW47'47'W A INSTANCE OF 49.12 FEET:THENCE RUMSSIi 7S.-W AW 9TTM4CE of 5"7
FEET• �UH
S$TOaV0'W A DISTANCE OF 75.19 FEET :TIlE1tCEE THEINCE
N6Y16 43;19 A DISTANCE OF 9'92 FEE7:TfiEtX RRA 504S57Q29W5Y A OtSTAAMCE OF LS C5 ELFT•T1 TA7N�
565'0453 M w OISTANOE OF '2t'
5 FEET' SF RUN 551'164479 A DIVANLE OF 5A6 FEET TO w PCWT ON THE
M3J<'S2.111M A DNSTAMR OF 121.02 FEET,
MOREYYTI�Ep NQRTHF.A9TERLY R1OMT OF WAY UNE OF T17UAWaA ROAD
7NFlICE RUN KOltG THE
NORiFIFIL51E311T pKi4T OF WAY UNE OF TUSLLJWRLA ROAD NSNFa]7618 A OI$TANC£ OF 733x'YO THE
Pwa OF DIECl94NC.
CONTAN5 46.337 ACRES (2G27.3".61 50. FT.). MORE OR t.W
LESS AND EXCEPT:
TCO 358,155.404v1073448.010200
Book72901Page477 CFN#2009131327
That part of Lot 5, Block "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as
recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being
more particularly described as follows:
COMMENCE at the Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book 53, Pages 45-49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right-of-Way of TUSKAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the
Public Records of Seminole County, Florida; thence run N.59°31'38"W. along the Westerly
prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the East Right-of-
Way line of said TUSKAWILLA ROAD; thence 5.30°04'55"W. for a distance of 1478.38 feet;
thence 5.59°55'05"E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N.30°04'55"E. along the East Right-of-Way line of said TUSKAWILLA ROAD per Official
Records Book 5510, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non-Tangent curve concave Northwesterly, having a Tangent Bearing of
S.10°12'00"W., a Radius of 1,110.99 feet and a Central Angle of 05°21'47"; thence
Southeasterly along the arc of said cu rve and the West Right-of-Way line of the C.S.X
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR, a distance of
103.99 feet to the Point of Tangency; thence S.15°33'47"W., a distance of 266.49 feet; thence
N.59°55'05"W., a distance of 97.55 feet to the POINT OF BEGINNING.
Book7290/Page478 CFN#2009131327