HomeMy WebLinkAboutTab 02 Florida Country Clubs, Inc. W
THIS INSTRUMENT PREPARED BY AND RETURNED TO:
FRANK C: KRUPPENBACHER,ESQUIRE cn o
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340 NORTH ORANGE AVENUE 3 0
ORLANDO,FLORIDA 32801 o rV
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ABOVE SPACE FOR RECORDING INFORMATION ONLY—
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NOTICE OF RECORDATION OF FINAL ORDER APPROVING SETTLEMENT ar' T
AGREEMENT AND AMEN.DE) ?E"I"TLEME NT AGREEMENT NO. I cr' ==
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THE, CITY OF WINTER SPRINGS,by and through its undersigned City Manager, hereby r-
places of public record in and for the Public Records of Seminole County, Florida, that certain Final o
Order Approving Settlement Agreement and Amended Settlement Agreement No. 1 dated April 21, —_
1994, together with the Settlement Agreement attached thereto, dated June 16, 1993, with Exhibits
attached thereto, and the Amended Settlement Agreement No. 1 dated April 14, 1994, with Exhibits
attached thereto, all of which are attached hereto as Compnsithibit"A:
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NThe Final Order, the Settlement Agreement, and the Settlement Agreement No. 1 pertain to
that certain parcel of land previously known in the Agreements as Lot 17, and now know as Lot 13, C— o
per the Plat thereof, at Plat Book 50, Pages 42-50, Public Records of Seminole County, Florida.
Attest; CITY OF WINTER SPRINGS
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A Municipality of the State of Florida Cn
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By: cc o--
Print ,
Title CITY CLERK '
Print
Title CITY MANAGER
Signed, Sealed and Delivered -.._.
in the Presence of:
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....� 'USF CUIIN1r `�
STATE OF FLORIDA
COUNTY OF SEMINOLE
The fore ging instrument was acknowledged before me this f$�
day of 1996, by 1� ►"7� tYOG�
and and.
D
r, respectively, of THE CITY OF WINTER SPRINGS,
FLORIDA, a municipality of the State of Florida, on behalf of the
City. They are ersonal nown o me or have produced
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as
identification.
My Commission Expires:
Notary Public
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12:20hf I TCEP.
• '13
COMPOSITE EXHITIT "A"
� IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CaCUIT IN
AND FOR__SE. LE COUNTY,
FLORIDA'
FLORIDA COUNTRY CLU-BS, INC., CASE NO. 91-2244-CA-16-K
a Florida corporation,
vs.
THE CITY OF SPRINGS, a
Florida municipal corporation, w
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FINAL ORDER APPRO VPi IG SETTLEITENT A GREEIVaNT AND m
AMENDED SETTT_,EYIENT AGREEINT No. 1 0 —
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This matter came before the Court this o�� = of 4p)- 1994, for the purpose of m
approving the proposed Settlement Agreement , and the Amendme:,t Settlement Agreement No, 1,
and revised Master Plan for the TuscawilIa Planned Unit Development (hereinafter "Settlement
'Agreement"), entered into-by and between Florida Country Clubs, L*:c. (hereinarer "FCCI"), and the
City ofWnter Springs, Florida, a Florida municipal corporation (hereinafter "The City"). PIaintiti,
FCCI and the Defendant, The City, have entered into and executed the Settlement Agreement and
Amended Settlement Agreement No. 1 to settle and resolve the above-captioned case. The
Settlement Agreement and Amended Settlement Agreement No. 1 are attached hereto and
incorporated herein by reference.
The Court has considered and reviewed all proper and relevant matters presented at the
hearing, the Joint Morton of the parties in support of final approval of the Settlement Agreement and
Amended Settlement No. 1. Upon consideration of the foregoing, the Court enters its Final Order
as follows:
12:20FM TCEF.
''•3"13
t 1. The Settlement Agreement and the Amendment Settlement Agreement No. 1 are
If hereby APPROVED,
2. This Final Order Approving Settlement Agreement and the Amendment Settlement
Agreement No. 1 shall, in all respects, be self-effectuating and shall become fully effective as of the
date hereof.
3. Any party to this action may apply to the Court for further Orders as may be necessary
or appropriate for the construction, implementation or enforcement of this Final Order Approving
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Settlement Agreem= or the Settlement Agreement and the Amendment Settlement Agreement Nom —' ED
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attached hereto and incorporated herein by referenced,
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4. This Fina( Order shall be permanent and shall remain and be fully enforceable by the —'
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parties and their successors in interest in the Circuit Court of the Eighteenth Judicial Court in and for —c--n
Seminole County, Florida.
S. This Court expressly retains jurisdiction to enforce any provision of this Final Order
or the Settlement Agreement and Amendment Settlement Agreerne.^t No. 1 upon application by a
party to enforce the terms of this Final Order Approving Settlement Agreement or to enforce the
terms of the Settlement Agreement and Amendment SetJement Agreement No. 1 attached hereto and
incorporated herein by reference.
sT
DONE AND ORDERED this day of AGrp f 1994, in Chambers at Sanford,
Seminole County, Florida.
lal SEYMOUR sENSCN
Circuit Judge
2
9
;. SE"ITLEMENT AGREEMENT
'THIS SETTLEMENT AGREEMENT (the "Agreement"), is made and entered into as of
1 .
April 1993, by and between FLORIDA COUNTRY CLUBS, INC., a Florida corporation
("FCC1"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "CITY").
W1 'I' NESSETH:
WHEREAS, on October 11 , 1971, the Village of North Orlando, Florida, predecessor to the
CITY, adopted Ordinance Number 64 (the "Annexation Ordinance"), a copy of which is attached
hereto and incorporated herein as Exhibit "A", which Annexation Ordinance annexed certairk,,
_ a
property commonly known as the Tuscawilla Planned Unit Development (the "Tuscawilla PUI�_;)-o CT
z l� 22
WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PrT
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based upon an overall development plan/map (a copy of the Tuscawilla PUD plan/map, referred tow
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herein as the "Original Plan", is attached hereto and incorporated herein as Exhibit "B"; `0 r"
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WHEREAS, subsequent to the Annexation Ordinance,';.the Tuscawilla PUD was developed
in accordance with the Original Plan, subject to certain amendments which redesignated the uses of
several parcels;
WHEREAS, portions of die Original Map were revised in accordance with a Settlement
Agreement dated September 11, 1990 and an order of the Circuit Court of Seminole County dated
March 25, 1990, resulting in the current official map for the Tuscawilla PUD, a copy of which is
attached hereto and incorporated herein as Exhibit "C" (the "Current Plan"); and
WHEREAS, on June S, 1986, the Florida Department of Community Affairs determined that
the Original Plan for the Tuscawilla development was vested pursuant to Section 380.06(20)(a),
Florida Statutes;
WHEREAS, on September 27, 1987, FCCI acquired approximately two hundred forty-three
(243) acres of land (the "FCCI Property" which is legally described on Exhibit "D" attached hereto
- land incorporated herein) within the "Tuscawilla PUD;
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; AS, the FCCI ropertY
-, P
I , being part of the Tuscawlll
u bra":i a�s�tgtions of the a PUD
a . Annexation Ordinance !s subject to the terms
r and the Original Plan
followrn ' amended, and includes the
g'as�shown on the Original Plan;
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0 Approximately one hundred ninety (190) acres currently improved with a golf
course, club house and related uses;
Ten (10) acres for "guest cottage" uses;
�
Approximately twelve -
(12) acres for "condominium uses'; and
APProximatel,y thirtyw
(30) acres which were.not specified as to u CD
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Map; se °n Q o �=
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WHEREAS, an 1988, FCCI submitted M r
to the CI C-)
TY plans.-for the improvement of a o
of the FCCI portio
"°pey with a clubhouse, the plans
were
cn
clubhouse aPProveda by;the .CITY and in 1989, the -0
WHEREAS,
r,
constructed,
WHEREAS, in December, 1990, FCCI submitted
to
� 's'plannin
� Y and Me°CITY staff(who referred It to the ,
Zoning Board) a Plan for the development- one hundred ,
i •
age and a of fifty (1S0) guest
P�posal for one hundred twenty (120).condominl
urns as proposed;
t WHEREAS, the CI
T'Y's Planning and Zoning Board refused to con i ,
for developrnant of sder FCCI s proposal
guest CO�ges/condominiums and directed FCCI to N♦ ^`
Council; present its.plan to the CITY
WHEREAS FCCIx • . : =
submitted its plan to the CITY Council and 1
PuI denied FCCI's right to construct either guest °n June 10, 1991, the CITY
cottages or condominiums;
WHEREAS FCCI filed a Verified Complaint fo
Writ of Mand r Declaratory:Judgment and a Petition for
amus in the Circuit Court of Seminole County, Florida in the case styled EjQrida
(Case No,:91-2244-CA-16-K) (the "Lawsul "
t ),
2
�d
�* a°-, •
WHEREAS, on March 18, 1992, the.Clrcult
C
er referring the _ouArt of Se_minole County, Florida,enter
ed
Lawsui parties in thean
rFA� N t to mediation;
1
WHEREAS, in an attempt to resolve the Issues n
surroundl
.g the Lawsuit, PCCI and the CITY
4- mediated the issues Involved In the litigation on May 5, 1992• ,
4 �Y
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."` WHEREAS, during the course of the mediation, FCCI and the CITY a
Of the greed
Lawsuit; to the resolution
C=D C3
WHEREAS, the CITY has determined that It is In the best interestsc�
_ o
settle the Lawsuit by adoption of this Agreement whichof i[ and its citi
will promote the health, safe
of_the citizens of the CITY; t3' and welfare
C� r
to f t�h � . . c�
. �
WHEREAS, the rtr�s o
is .Agreement have been reviewed by the CITY'°s staff and , `oticcr,M� �
of Intent to Consider this Agrfement has been properly Published and
g this and g as
Properly adopted; ven is A reement h
WHIEREAS further approvals will be require! to,uxal
,R :tMCnt_this .,Agreement in the form of
encs to the.Comprehensive
° Land Use Plan.Map �d ;tlae.T.mscawllla PUD M
aPPrO asls pursuant to other local, state and federal rules and regulations aP well as
and a, e "Further Approvals");
WHEREAS, if the court order approving this Agreement g eement declares that the Proposed plan for
the Tuscawilla PUD is vested against the CITY's Comprehensiv
e Plan and implementing land
devlopnxnt regulations, said declaration shall govern the.CITY's actions with regard
Approval and to the Further
s;
. . WHEREAS,
this Agrt; the CITY represents that the CITY has
standing and jurisdiction to enter into
this Agreement is valid and binding; and that- -subJ .•e
ct to the-court'9 order of vested
rights and to the Further Approvals '
PP ovals and other conditions hereof; this Agement is in accord
•th the CITY'S Comprehensive Plan ��
Land Use an and development regulations.
3
,
WHEREAS,
wFOCI represents that it is a Florida corporation authorized to do business in the,
",4' . �.
N o 'Florida and that it has taken all necessary corporate action to authorize the execution
of this
A t b James R. Mikes as President, and that this.Agrment is bindin on
y �... 9 - g FCCI.
" NOW, THEREFORE, in consideration of the above,recitals and the other good and valine
- consideration, the receipt and sufficiency which are hereby acknowledgedCI
, FCand the
�. CITY
hey agree as follows:
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I- The foregoing recitalsare true andcorrectand accurately represent them •
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aff g the Tuscawilla PUD as of the date hereof, and such recitals are
expressly r
P y incorpor
herein and form an integral part hereof.
CO �
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2. Attached as "Exhibit "E" are legal descriptions of eight (8) parcels withintheFCCI
Property (referred to as "Parcels One through Eight", nrespeciively, or singular)
y as a 'Parcel' or,
where reference Is to more than one of the Parcels, as."Parcels% which shall be collective! refer
Y red
to as the "Development Property"). The FCCI Property described In EMD
bit " ", less and except
y :.
the Development Property, shall be known as the "Golf•Property'.
"
3. .
Also included as part of Exhibit "E" are elght'(8) conceptual plans (reduced in size
from the originals maintained in the records of the CI
• 'I'Y) for the development and platting of the
Development Property as sixty-nine (69) single-family lots (the "Conceptual Plans"). Subject to the
:_ :.
,�?nhe' Approvals, the Development Property shall hereafter be developed with sixty-nine 69
single-family, detached residences on lots as generally depicted on the Conceptual Plans and the
. ,,.;, .. � • : •:• new
plan for the Tuscawilla PUD which incorporates the Conceptual, Ply into the Current Plan the
"Proposed Plan") attached hereto and Incorporated herein as
Exhibit 7". No other portions of the
FCCI Property shall be developed for single-family,� y, multi-family,' hotel/motel, guest cottages, or
.ither residential uses,
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4w The Conceptual Plans havebeen revle vel by"the CITY's-taff arnd
subject to the
t �rApprovals, shall constitute acceptable� �.. �. ; �; . .
conceptual lans:&r' de �
' elopnaen
family,10
lots"
atlnowll es that it shall be required to secure
g ,
$le the �urhterApprovals and drat it must"comply
with the applicable CITY Codes for approval of pre
limly" ad�final engin p1nx= ` 1
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FCC[ may complete at its discretion and on its schedule, the preliminary and final engineering for
$ 6
the respective Parcels and shall submit such preliminary and final engineering plans incl ply �t;o A3ae-
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a CITY for applicable review and approvals (it beingunderstbedd that erigineeritvg plans and pl
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be submitted for individual or multiple parcels)'" The CITY ars expedite°: da °TMCD
preliminary and-final 'review process as quickly*as'c nu reap abl ^ b dorso " "[Iae I shall" °"at1:
seeps required to effectuate this Agreement and to ro
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g p aptly revieti all`app'licions for devekrprrse n
of the Development Property in accordance with this.Agreement.
5. The FCCI Property is subject *to those Effluent Disposal Easement Agreements
between Winter Springs Development Corporation and Seminole Utility Company filed in Official
Records Book 1704, page 1179 and Official Recocds'Book•1892, pale'72, of the Public Records of
Seminole County, Florida'(the "Effluent Easements")... The Effluent Easements permit the CITY to
spray up to nine hundred forty-three thousand (943,000) gallons per day of effluent on the'open areas
of the FCCI Property. Approximately one hundred forty (140)acres are needed to dispose'of such
quantities of effluent. To the extent of the CITY'S legal auihorityto do so; the CITY:shall`release
the Development Property from the Effluent Easements at the time that the final plat:for each Parcel
is approved by the CITY, provided FCCI shall at all tlmes mate available td the CITY not less than
one hundred forty (140) acres for effluent disposal ori:the Golf Property. FCCI shall•install such
lines as are necessary to compensate die CITY for any effluent disposal lines and areas lost by virtue
of the development of the Development Property. �%
It Is the intent of the CITY and FCCI to encourage and promote development of the
pment Property in accordance with this Agreement..';-lberefore, the CITY.andFCCI: agree
follows, subject to the Further Approvals and compliance'with:this.Agreement:
10
,TM a, FCCI shall be authorized to develop. the FCCI property In accordance with
'' ,t, this Agreement.
b. The Golf Property shall be used for the purposes-of operation of-a country
ciub
�a , golf course, tennis club, club house/restaurant,.,golf and ,tennis ;teaching and- train inprZ
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facility/school/academy (with no on-site residences), storm water.. drainage.retention and..dei�tio€� C T
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for,the.Development Property, effluent disposal and related, uses. Seyeral of the,,Conceeptual
rrr- T
depict lots on areas which are currently improved with the
90.1f c urse`and it Is understood .
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shall relocate the golf improvements so that the lots may bj,.accq.rnmoda_t,-_d in harmony with the gol=d
course. FCCI may remove two tennis courts to accommodate the:lots In Parcel Seven and may, at
its option, reconstruct thein in another location selected by FCCI, subject to approval of the location
by the CITY,. FCCI may create lakes, waterways and other easements on or over the Golf Property
to provide for stormwater retention, detention, and transmission.. FCCI may construct new buildings-
on the Golf Property, including the relocation of the course maintenance building, a golf academy
building, new course restrooms and other facilities to accommodate its business as it may change in
a the future, and the existing cafe and tennis buildings may be relocated to other locations in the area
of the clubhouse, subject to the approval by the CITY of the locations of any-new facilities. : :
C. Each Parcel shall be deemed to have met all rcTamrWat, fpr OPM 4A=Qt
site coverage. The Golf Property shall be taken into account as open space for development-of the:
Development'Property pursuant to the Conceptual Plans. .
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d. The CITY shall cooperate with FCCI to remove.-or-relocate all
easements on the Development Property at the expense of FCCI,-subj to the'r n�
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.a ,JOK PAGE
3 10 2 1364
SE�!I 'OLE CO. FL.
sppioval of the CITY'S staff engineer, not to be unreasonably.withheld. :FCCI may use ,
t or right-of--way of the CITY to make connection to CITY utility lines, subject to reasonable
�prpval of the CITY's utility director based on applicable rules, regulations-.standards and policies.
4y ` e. FCCI shall be permitted to construct cul de sac roads (as depict
ed on the
Fn Conceptual Plans) to service the lots in Parcels Seven and Eight, with only one entrance to each on
Winter Springs Boulevard. FCCI may make curb cuts and have driveways for each lot on Winter
Springs Boulevard and for each lot on Northern Way,-except for the lots In Parcel Seven, which
-shall have an interior cul de sac as depicted on the Conceptual Plan.: No turn or deceleration lanes
shall be requlred for individual lots on-Winter Springs Boulevard and Northern Way. The struts
° to be constructed on Parcels Seven and Eight may at FCCI's option be either: (i)private with elegy
or manned security entrance gates, or (ii) publicly dedlr:. ted;and maintained-without security gates_
Even if they are private roads, they shall be constructed to CIS standards for dedicated streams and
FCCI.shall provide emergency actress as reasonably required, by,the CITY, The CITY will
.objectto any roads in Parcel Eight being located within 9 +are�s subjr.acrossee..
t to.CITY easerents.
The streets may have landscaped islands located withln;.the turning circles of the cul de sacs. No
sidewalks shall be required on any of the lots in Parcels Seven and Eight.
f. Subject to the reasonable requirements of the CITY's staff engineer, the storm
drainage retention required for the Development Property may, at FCCI's option, be provided on
the Golf Property (to serve the simultaneous purpose of an amenity for the golf course) and
maintained by the owner of the Golf Property.
7. The CITY acknowledges that the owners and developers of the Tuscawilla PUD have
relied in good faith on the annexation of said property to the CITY.and the approval of the Original
Plan, amendments to the Original Plan and numerous permits and other approvals, authorizations and
agreements by the CITY; and that they have Incurred substantial expenses and obligations in reliance
.srrax i 7
AL i1L�l:�JJ
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�4.r n/ n^. 3. I 2 � � v
Grw..XINCLE CO. FL.
"r and that they have so substantially changed'*the lrposido' 'tha' 46uld be unfair'to-
fiy the development rights provided pursuant to' the Original Plan. -The CITY, fur hcr.
ciledges that the Proposed Plan, as compared to the Qri final Plan is less intensive and
g ► creates
fewer impacts in that the number of permitted dwelling units has been reduced from 9,036 to
n
yaw the Commercial and Office acreages have been reduced from 89-acrea to 81.0 acres, as ali
on the`Comparison Matrix attached hereto as Exhibit "G"; The CITY further acknowledges that the
facts stated in this paragraph meet the standards for grantng'a Vested Rights Special Use P ' `°t for
the Proposed Plan, subject to compliance with the procedural requirements of CITY Ordi.. No.
534, or the approval of the Proposed Plan by a court order.`By its execution of this Seal rr�t
Agreement and its approval of the Proposed Final. Order, the CITY requests approval by the court
„..,, r .. ,;
of the Proposed Plan as a vested plan of development ai' def=d:
4 " " :FFZAL
kti g Boo PAGE
3- 102 1366
x `9 E pMLE,CO. FL.
s ry in order to accomplish the foregoing. The prevailing' party shall be•entitled to
ani arad all "costs and expenses, including, but,not limited'totrea or ble attot
S {(11
writness fees, and other professional fares and expenses associated therei a*h'
d u;.
11 This Agreement shall inure to the benefit of and" burin ti n, TCCI ^� the Y
a g g l�
their respective beneficiaries, successors and assigns, andanysuccessor in"title to FCCI shall
a
have all of the rights and obligations of FCCI as set forth In this Agreement.
12. This Agreement contains the entire agreement of the parties hereto with respect to the
. A matters involved in the Lawsuit as-set forth herein. Any changes, modification or amendment to this
Agreement shall only be binding upon the parties if in writing and executed by FCCI,and the
and adopted by a resolution of the CITY.
13. This Agreement shall be performed nd.'constr-ed in accordance with,"and only'fn
the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of
this Agreement or the application thereof to any person or cireumst,ances shall for any reason, and
to any extent, be invalid or unenforceable, the remainder of tlhls Agreement and the application of
such provision to other persons or circumstances shall not be affected thereby, but rather shall be
enforced to the greatest extent permitted Eby law.
IN WITNESS WHEREOF, FCCI and the CITY have executed this Agreement as of the date
and year first above written.
Witnesses: "FCCI"
FLORIDA COUNTRY CLUES INC.,
a Florida',co�� ration.
Pyw�
�a nes R. Mikes
President
9
N j NiYi'IP ili I I d .n...
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t � BOOK PAGE
" 3 10
! 36
I
' . F
SE41HOLE CO. FL.
Y w`eyld_
:; 11 "CITY"
THE C OF WINTER S SOS,FLORIDA
a Fiorl a m ni,cipal rpo alion..
" By:
- ~ As Its: Mayos
" STATE OF FLORIDA )
'€ )SS.
�Ar COUNTY OF SEMINOLE )
I a1 The foregoing instrument was acknowledged before m this� day o . -1 by
1 ,
I P, James R. Mikes, President of FLORIDA COUNTRY CLUS, INC. a Florida cb``µ aeon, on
^mm behalf of said corporation. He is p rsonal r to " me"' or has produced
as identification and did/did not-take an oath.
No�tarftulicM.4AY OAL7-0 A)
Commission No.: G G
My'Commission Expirg;T,,¢Y ruat9c,STATE OF U020-% -
13Y Crjt"LS:1G1!tXPIXES APGIL 04- I
STATE OF FLORIDA ) ¢oncry tilrau�,cExr's Not.�zr axc
)SS.
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me thisday o , Imo, by
PHI LIP,A» KULBES , Igor of, ;the CITY" o OF WINTER.`SP .INGS,
FLORIDA, a Florida, municipal corporation, on behalf of`md' or +oration: ,is-peiwnally known
to me or has produced as, identification and did/did not take an oath.
Notary b1lo ' .
Commission No.:
My Commission Expires:
NOTAItY pUBLIC1 E'TATV Of PLORMA AT 'LAta2
My iP%110" R7LN"1913 A QUIT V, 1"4
SOND Ep THXU AQt,Nrs NOTARY BXOKSXA011
GIBI UNSTIS
F"~ �41t,A�>=�UFILMING TORY
Il, 10
LFF
EOOK PACE
� 31 021368
CO. Fes.
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This Mutual Release and Settlement Agreement (Agreement) is made and executed this
day of 1993, between Florida Country Clubs,--:Inc.-("FCCI") ` id,the Clty:of VL
Springs, Florida (the "City").
_ ,
WHEREAS, there is currently pending certain litigation which involves the parties to this
Case No, 91-224-CA-16-K (the
"Litigation"); � � , Seminole County Civil
A reement entitled
"Liti ation"); and
'WHEREAS, within the Litigation, FCCI has asserted claims for damages against the City
and the Clty'has asserted counterclaims against FCCI; and
'WHEREAS, no party admits liability to any other party,,,nor,does any party adrarait or,:
acknowledge the 'truth of the allegations or defenses raised in the-Litigation; and
WHEREAS, the parties have agreed to settle their. differences:without further costs or.
litigation pursuant to that certain Settlement Agreement between the parties of even date herewith (til '
"Settlement Agreement").
NOW, THEREFORE, in consideration of the promis,es-and mutual covenants contained in.
the Settlement Agreement and herein, and other , good ..and ;valuable consideration"", tl "
"Consideration."), the receipt and adequacy of which are hereby acknowledged, the parties agree as'
follows:
1. In exchange for the Consideration to FCCI, FCCI and Its corporate predecessors and,
successors, assigns, shareholders, officers, directors, employees, parent companies, subsidiaries, .
affiliates, agents and indemnitors, hereby forever release and,discharge the City, Its commission s, ,
employees, affiliates, attorneys, representatives, agents and lridl mnitors, from all c1ain3,-de w s, P
damages, both compensatory and punitive, debts, dues, costa,'attorneys' fees, actions' .of
action, whether arising at law or in equity, whether sounding in contract,or,in tort," h di f
on statute, contract, common law, rule or regulation, whether direct oar,con equential, liquidated or.
unliquidated, known or unknown, which FCCI now has or may have, 1fdr,,upon or by rea n"ofany
matter, cause or thing whatsoever existing on or at any time prior to the date.. of this Agreernc�nt.with
regard to the Litigation.
2. The City and its commissioners,employees, affiliates; agents and Indemnitors, hereby
forever release and discharge FCCI from any and all claims,,demands, damages, both compensatory
and punitive, debts, dues, costs, attorneys' fees, actions and causes of action, whether arising at law
or in equity, whether sounding in contract or in tort, whether based on statute, contract, common
law; rule or regulation, whether direct or consequential,-.liquidated or- unliquidated,•known or
unknown, which the City now has or may have, for, upon or by:reason of any matter, cause or thing
whatsoever existing on or at any time prior to the date of;this Agreement with regard to the
Litigation.
asn oozy.i 1
I
$?OOK PAGi=
3102 r
3 Contemporaneous with the execution of this Agreement, FCCI
shall execute
documents required to accomplish dismissal and shall dIs , iCh: �`t!rddlee and without casts, the
entire Litigation.
4. This Agreement shall operate to forever_settle,.adjust and discharge all claims which
FCCI has or may have against the City, or which the City has of may have against FCCI, with
regard to the Litigation. This Agreement shall be binding on, and inure to the benefit of the
successors and assigns of the parties. "=
5. FCCI and the City agree that they will refrain from commencing any action or suit,
or prosecuting any pending action or suit, in law or In equity, against one another on account of any
action or cause of action with regard to the Litigation which now exists or which may hereafter
accrue in their favor upon the basis of facts existing as of the date of this Agreement, whether
presently known or unknown. In addition to any,other:liability which,shall accrue upon the breach
of this Agreement, the breaching party shall be liable to py all reasonable attorneys' fees and costs
incurred by the non-breaching party in defense of such'action' or suit.
>' 6. This Agreement is based on and shall be governed by the laws of the State of Florida.
p, 7. Each party shall pay its own attorneys' fees and costs.
S. All parties have been represented by counsel and have hd the benefit of counsel prior
to executing this Agreement. All parties have executed and delivered this Agreement freely,
knowingly, and of their own will and volition.
DATED: + ` FLORIDA COUNTRY CLU INC.,
a Florida orporation
WITNESS:
DATED: CITY WINTER SPRING ,
a Fl ida icipal Corpo on FLORIDA,'
WITNESS: t� ]3Y:
Its �Q--
05110029.1 2
BOOK PAGE
3102 1370
SEMINOLE CO. EL..
AMENDMENT SETTLEMENT AGREEMENT NO. I
THIS AMENDMENT TO SETTL&MENT AGREEMENT (the "Modification"), is made
and entered into this day of April, 1994, by and between FLORIDA COUNTRY CLUBS,
INC., a Florida corporation("FCCI"), and THE CITY OF WIN-1—HR SP=. GS, FLORIDA, a Florida
municipal corporation (the "CITY").
WYTNESETEC
WHEREAS, on or about May 5, 1992, the CITY and FCCI did reach the terms of a
settlement through mediation of Case No. 91-2244-CAC, FCCI v. CITY; and
WHEREAS, subsequent to May-5, 1992, FCCI and the CITY did continue to negotiate
various issues regarding terms of the mediated settlement; and
WAS, on or about June 16, 1993, FCCI and the CITY did execute and enter into that
certain Settlement Agreement ("Settlement Agreement"), now on file with the Court; and
WHEREAS, the Settlement Agreement was intended by the paries to memorialize the issues
resolved by the parties in their mediation conference held on May 5, 1992 (the "Mediation"), and was
',intended by the parties to be binding upon each of them in order to settle the pending litigation; and
WHEREAS, FCCI and the CITY have determined that it is in their mutual best interest to
modify certain of the terms of the settlement contained in the mediated settlement and Settlement
Agreement reached .
NOW, THEREFORE, in consideration of the recitals and other good and valuable
consideration, FCCI and the CITY agree to modify the Mediated Settlement of May 5, 1992 and
Original Agreement as follows:
1. The parties acknowledge and agree that the Original Agreement is valid and binding
upon the parties, except as specifically modified herein, specin"cally including but not limited to any
matters discussed or agreed to during the Mediztion. The parties agree that they have been fully
informed of all matters relating to the Mediation, the Original Agree hent and this Agreement, and
intend to be bound by this Amendment and the Original Agreement;
2. The Conceptual Plans shall be deemed to be modified to require and/or permit the
following:
a. The seven(7) lots depicted on the Conceptual Plan for Parcel 4, located at the
north side of the intersection of Shetland Avenue and Northern Way extending east to Greenbrier
Avenue, shall be reduced to three (3) lots, with frontages totalling approximately eight hundred
twenty-five (825') feet on Northern Way, west fi-om the intersection from Greenbriar Lane to the
=tern right-of-way line of Shetland Avenue. No lot shall extend beyond the western right-of-way
F.s/ie
" GEFiCi�l r,tL'Gi 1S
BOOK_ PAGE
3102 1371
Hine of Shetland Avenue. The area formerly depicted as the lots being l �iereafler be
eemed to be "Golf Property" as defined in the Original Agreement, The City approves the final
..nginccring submitted by FCCI for the three (3) rernaining lets located in Parcel 4,
b. FCCI has not as yet completed the preliminary enei:nerring for the lots depicted
on the Conceptual Plans for Parcels 7 and S. FCCI may increase the number and/or reduce the size
of lots Iocated in Parcels 7 and 8 (and increase the size of the area Iocated in Parcel 7 to include area
west of the entry road depicted on the Conceptual Plan for Parcel 7). FCCI shall be permitted to
develop a total of thirteen (13) lots on Parcel 7 and a total of thirty-nine (39) lots on Parcel 8,
provided said lots can be developed in record with applicable City Codes, and State and/or Federal
laws or regulations. The City shall promptly process, review and approve such modifications to the
Conceptual Plans (as well as preliminary and final engineering and plats) for each of such parcels as
and when submitted by FCCI. As provided in the Original Agre.-went, the term "Development
Property" shall hereafter be deemed for the purposes of permitting Parcels 7 and 8 to be developed
with the additional lots herein to include the following: (a) the lard lying north of the ninth tee
directly west of the parcel commonly known as the "Hooker Parcel" adjacent to the country club
clubhouse and parking lot; (B) the approximate fifty (50D feet of land lying adjacent to the 2nd
through the 4th holes of the Club and the property commonly known as "Woodstream"; and (c) the
land lying west of the entry drive depicted on the Conceptual Plan for Parcel 7. Each of these ares
may are used in conjunction with the development of single-family uses and not be required to be
maintained as Golf Property.
3. FCCI agrees that the lot adjacent to the Fairway Oaks subdivision depicted as Lot 17
)n the engineering plans for Arrowhead Unit I shall be suojected to the deed restriction set forth on
Exhibit "B" attached hereto.
4. All other terms of the Original Agreement not modified herein shall remain in full force
and effect.
IN WITNESS WHEREOF, FCCI and the CITY have executed this Modification as of April
1994.
WI-INHSSES: FLORIDA COUNTRY CL' ,
a Flo ' orporaticn
. r t By:
times R. Nfikes, President
7
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CITY OF WINTER SPRINGS, FLORIDA
a Florida municipal corporation
By.
41B!u!sh, Mayor
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T-1-US AGREENT entered into tha day of . 1994, by and between THE
CITY OF WINTER SPRINGS, FLO�LMA (h(-,'ein cr rcf'errx c,J to as "CITY") and FLORIDA
COUNTRY CLUBS, INC. and 1 13 5 R. !�Z-S (hecin;uler referred to as "ILORIDA
COUNTRY CLUBS") for and on behalf of hi:d parry bcncficiaay who shall be known, as CITIZENS
OF T1dE CITY OF WINTER SRJNOS, FLOA (h,c,cinatler referred to as "CITIZENS")
provides as follows:
i •
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MEREAS, the CITY and-FLORIDA C UN7RY CLUBS are desirous of resolving issues
regarding certain issues surrounding the develo n eat of c►ain parcels of property within he City e''s
by FLORIDA COUNTRY CLU 'BS that are tL the jurisdiction and control of the CITY anM o �
imoact the CITIZENS. Y N
NOW THE-U-FORE, FOR AND IN CO �IDERATiON OF TN m
SUM OF NE DOLLAR,
(S1.00) AND SUCH- OTH—;7R VAL ABLE COIiSIDERATION HEEINAFTERInLo
ACKNOWLEDGED AS RECEIVED BY 13ETWEEN Tris PARTLES:
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1. The following restrictions shall a het forth by Florida Country Clubs, Inc. ("FCC")
Ln the Deed of Lot 17 of Arrowhead at Tuscawill , Unit I and in the Deed and Covenant resLrictlons
of Arrowhead at Tuscawilla governing that to for the benefit of Fzrway Oaks, Unit 1, Lots 25
through 30, N
2_ A perpe�sal easement shall cis ever a th.rcc (3) foot wide ship beginning at the
jrthc.-:u.-ost point of Lot 17 and from there ru ung southwazd; to allow the residents access to the
golf course. Within that area ro structure or vcg cion of any kind will be allowed to impede access
to the golf course. C
3. A perpetual landscape easement shall exist over the westernmost thin 30
y ( ) feet of
Lot I7.a.djacent to Lots 2S through 30 prohibits g�erectioa of any building or vertical improvement
(such as any hedge, wall or fence) and ,prOM icing removal of trees except for modest thinning
purposes. Within this casement the westernmost hiac (3) feet may be.used by the adjacent property
owners and their vests to have unrestricted a c ss to the three foot crit . t described above in
Paragraph number 2, so as to permit access to t Xepgolf course.
4, A perpetual Iandscape Basemen shall exist over that are-, lying northwest of s line
yI 8
extending froth a point on the common boundary Mot 17 and Lot 27 which is twenty-five (25) fest
south of the southern edge of Lot 25, to a poi t on the northeast property line of Lot 17 where it
changes direction to ran easterly. Within this ca veaical improvements (such as hedges, walls,
Swimming pool, tennis court or trees) arc pro` ':b!.ccd and all shrubs and vegetation (except of the
trunks of trees) shall be maintained not to blocclic current view of the golf green from the homes
ofLots 25 through 27 Erorn a height of two (2) fc` �o a height offiftcan (15) feet (which would allow
the ca-ropy of trees to be maintai cd over firlcc feet high). No change sn the grade of this lot will
be permitted.
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o dwea or vcrt1CVaprovc t (such as a but din& ,shed po dor ter Co
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6. It shall be the responsibility of y affected horneowa_r to notify FCC in writing of
violations of thesC restricdons. It Shall be the re ponsibility of FCC to c i orce the restrictions upon
the property owner of Lot 17. a
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7. In the +rent that FCC docs not i cl'ude the abcve restrictions on the Decd of Lot 17
and in the Deed and Covenant Restrictions of. 'owhead at Tu;cavrilla~ or ir. the eveAl FCC Fails,
within fourteen(14) days atter due notificatic a i violation, to bring the violation into compliance, c�
FCC and James R. Mikes shall be jointly and s vera.11y liable to pay the owners of each or Lots 2S'n — o _
through 30 the sum of Five Thousand Dollars 5;000.00) as liquidated danuges. i' o "T
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S. Citizens shall have a third p yi beneficiary right to =orce the terms of this
Agreement.
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CITY OF WINTER SPRINGS, �dRMA COUNT TRY CLUBS, INC.
FLORIDA
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' TO / /
EN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN AND
FOR SE.NffNOLE COUNTY, FLORIDA
CASE NO. 91-2244-CA-16-K w
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FLORIDA COUIv"TRY CLUBS, INC. T o
a Florida corporation,
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Plaintiff,
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vs.
THE CITY OF WINTER SPRINGS, a
Florida municipal corporation,
Defendant.
NOTICE OF VOLUNTARY DISMISSAL "VITH PREJUDICE
COMES NOW the Plaintiff, FLORIDA COUNTRY CLUBS, INC., by and through its
b is cause with reJudice.undersigned counsel , herebyvoluntar} wves notice of the dismissal
.I' 'v°IES MIKES, PRESIDENT
lorida Country Clubs, Inc.,
CERTMCATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by U-S. Mail this 21th day of April, 1994, to all par=ries of record.
L VERIFIEP-
pEc0R0E_
0- cip.CUIT COL
03590 96 OCT 22 AM 8: 09
9
-END M_EhU_1O..5_ET1L_E
MFN-[AGREEMENT
SECOND AM
THIS SECOND AMENDMENT TO SETTLEMENT AGREEMENT (the "Second
Amendment"), Is made and entered into this day of199�' by and
between FLORIDA COUNTRY CLUBS, INC., a Florida corporation ("FCCI") and THE CkTaY coo
M CD---I
OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (the "CITY"). M C)_rl
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WITNESSETH
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WHEREAS, on or about May 5, 1992 the CITY and FCCI did reach the terms of a settlemc:en t.,-7- -,:D C:)
through mediation of Case No. 91-2244-CAC, FCCI v. CITY in the Circuit Court for Semmblecn
CD
County, Florida (the "Court"); and
-
IHEREAS, on or about-June 16, 1993, FCCI and the CITY did execute and enter into :,hat
cer-tain .';--ttlement Agreement (the "Settlement Agreement"), now on file with.thy. Court; and
WHEREAS, the Settlement Agreement was intended by the parties to memorialize the issues
resolved by the parties in their mediation conference (the "Mediation"), and was intended by the
parties to be binding upon each of them in order to settle the pending litigation; and
WHEREAS, the par-ties entered into an Amendment to Settlement Agreement No. I (the
"First Amendment") on April 14, 1994, now on file with the Court amendiril', the Settlement
Agreement; and
WHEREAS, FCCI and the CITY have determined that it is in their mutual best interest to
clarify certain of the terms of the settlement contained in the Mediation Settlement Agreement and
the First Amendment based upon the representations of FCCI to the City at its City Commission
meetings on May 8, 1995 and July 24, 1995, that are incorporated herein by referl-.nce.
NOW, THEREFORE, in consideration of the recitals and other good and valuable
conside,-ition, FCCI and the CITY agree to modify and clarify the mediated settlement of M,--.y 5,
1992, tr Settlement Agreement and the First Amendment as Follows:
1. The parties acknowledge and agree that the Settlement Agreement as amended by the
First Amendment and this Second Amendment I rt --.,
s valid and binding upon the pa ; , exccept as
specifically modified herein. The parties agree that they have been fully informed of all matters
relating to the mediation, the Settlement Agreement as amended by the First Amendment and this
Second Amendment, and intend to be bound by this Second Amendment.
2. Paragraph 2(b) of the First Amendment is hereby deemed to be replaced and
substituted by the following:
(b) FCCI. has not as yet completed the preliminary engineering for the lots
depicted on the Conceptual Plans for Parcels 7 and 8. Parcels 7 and 8Lare
those described more frilly in Exhibit "A" attached hereto and
herein. FCC[ may increase the number and/or reduce the size of lots located
in Parcels 7 and 8 (the parcel bounded by the 10th fairway, 18th fairway and
Howell Branch Creek). Subject to approval of the preliminary and final
engineering plans and plats, FCCI shall be pen-n.itted to develop not more than
nineteen (19) lots on Parcel 7 and forty-six (46) lots on Parcel 8, provided pc
said lots can be developed in accord with applicable City Codes, and �ste,� oT
and/or Federal laws or regulations. The City shall promptly process, re�Lzw-1 xc
and present to the City Commission for its approval or disapproval Rch
modifications to the Conceptual Plans (as well as preliminary and g' al x
engineering and plats) for each of such parcels as and when subrnitte by� 7O
FCC.[. As provided in the Settlement Agreement, the tern "Develop nt �o
Property" shall hereafter be deemed to include the following: (a) the lander
lying north of the ninth green directly east of the parcel commonly known as
the "Hooker Parcel" adjacent to the country club clubhouse and parking lot;
and (b) the parcel bounded by the 10th fairway, 18th fairway and Howell
Branch Creek. Each of these areas may be used in conjunction with the
development of single-family uses and not be required to be maintained as
"Golf Property".
3. The approximate one hundred feet(100') of land lying adjacent to the 2nd through the
4th holes of the Club and the property commonly known as "Woodstream" shall be part of
Woodstream Unit 2 Development and shall be considered "Development Property".
4. All other terms"of the Settlement Agreement and the First Amendment not modified
herein shall remain in full force and effect.
IN WITNESS WHEREOF, FCCI and the CITY have executed this Second Amendment as
of ,, 1996,
Witnesses: FLORIDA COUNTRY C (PI , INC.,
a Flo f orporation
Witnesses: THE CITY 0tVYL.R. SPRINGS,
Fl� l . ' `�`p'lbrida mcrisclral"corporation
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fhat Part of l `s 5, 6, -7, and 8, THE EAST PART OF IF11L1P R. YONGE GRANT -- Sf U7H
PART" Rec� wd In Plot Book 1, Page 8, of the " dic Records of SEM1NdLE
County, Florida, lying in Section 7, Township 21 South, Range J1 East, Seminole
County; Florida and being more particularly described as follows:
Commence at the the most Southerly Corner of Last 59, FOX GLEN A1` CHELSEA PARC,.
TUSCAMLLA, as Recorded in Plot Book 49, Pages 78 thru 82, of the ,Public Records
of Seminole County; Florida, thence run N 65"11'45" W, 105.09 feet along the SouWrly
Ane of Lots 59 and TRACT "A" of said FOX GLEN AT CHELSEA PARC, TUSCA .A, r 60-6
Foiot of Beginning, thence leaving said FOX GLEN AT CHELSEA PARC, Tt SCAA,-Fun
Al 87'21'25" W, 4.30.66 feet; thence N 81"4842" W, 624.9J feet; thence ' 00 '2 E,
570.00 feet to the Southerly .line of Winter Springs Boulevard, thence S 89'58 " E. �-
629,80 feet along said Southerly litre of Winter Springs Boulevard to the ,point
curvature af. a curve concave Southerly having a Radios of 2292.44 feet„ thenrun
71
Easterly 655,70 feet along the Arc of said curve, through a Central Angle of "2 "
to the most Northerly corner of Lot 38, CHELSEA PARC AT TUSCAWILLA PHAS� r4ordl
nCD
in Plot Rook 46, Pages 64 and 55 of the Public Records of _roc'n
Exhibit Ea Seminole County, Florida, thence leaving the Southerly right of way of Winter Springs'%
Parcel "7" Boulevard run along the Westerly line of said CHELSEA PARK AT TUSCAKILLA PHASE it
through the following courses and distances. S 29 X17"42" W 14.49 feet,' thence
S 17;3728" E, 70,78 feet, thence S J6'07"55" W. 67.49 feet; thence N 762655'°
72.6"9 feet, thence S 51459®49" W 77,50' feet; thence S 2225'15"' W tot&09 feet to
cl;ie most Northerly Corner of Lot 1.3, CHELSEA PARC AT TUSCAMLLA PHASE" 1, recorded
in Plot Rook 45, Pages 82 and 8.3 of the Public Records of Seminole County, Florida,
thence leaving the Westerly Mlle of said CHELSEA PARK AT TUSCAWILLA PHASE ll run
S 22"25'15"' W; 128.24 feet along the Westerly line of Lots 11, 12, and IJ of said
*CHELSEA PARI:` AT' 77J.SCAMLLA PHASE 1, thence S 0102"05" E, 20.2'9 feet along the Westerl
line of said Lot 11 to the Northwest corner of Lot 60 of said FOX GLEN AT CHELSEA
PARC; TUSCAWILLA,' thence S 01"02"0.5" E, 94.59 feet along the Westerly line of Lot 60
and Tract "A" of said FOX GLEN AT CHELSEA PARC, T1.1SCAMLLA to the point of curvature
of a curve concave Northeasterly having a Radius of 55.84 feet, and a Central Angle
of 64"09"40" thence run S'outheosterly 62.53 feet along the Arc of said curve, to the
F"-dint of Beginning'.
Containing 701179.177.3 Square Feet =16.097 Acres more or less.
Fxhibit"'A"
reel "8"
lot p of Lot 31 GAROENA FARMS ecarded ;n Peat Book 6. -:ages 23 ana 24 ar the Pubic Recards of Seminole County,
oridd, ; Also that part of Lots 5, 9, 9, 10 ana 11, THE EAST PART of PHILIP R.YONGE GRANT, SOUTH PART, recorded in Plat'Book 1,
age 38 of the Public Records of Seminole County, Florida 1}ing in Section 7, Township 21 South, Range 31 East, Seminole County,
orido and being more particularly described as follows: Begin at the Northeast corner of ARROWHEAD AT TUSCAWILLA — UNIT 2, as
corded in Plat Book 48, Pages 52, 53 and 54 of the Public Records of Seminole County, Florida, said corner also being the Northeast
)rner of Tract "C" of said ARROWHEAD AT TUSCAWILLA — UNIT 2; thence S 00'03'17' W. 335.25 feet along the most Easterly line of
lid ARROWHEAD AT TUSCAWILLP. — UNIT 2 to a Point of Intersection on the Easterly line of Lot 17 of said ARROWHEAD AT TUSCAWILLA — Ul"
thence S 42'31'59" W. 59.00 feet along the Southeasterly line of said Lot 17; thence leaving said Southeasterly line of Lot 17 run
71'54'32" E, 1E1.52 feet; thence S 12'36'43' E. 138.02 feet: thence S 50'04'02" W. 207.02 feet: thence S 39'57�6" W. 264.58
-et; thence S 6f?'54'07" W. 122.59 feet; thence S 84'13'45" 'N, 412.16 feet; thence S 73'36'11" W. 258.36 feet to the Northeasterly
ght of Way line of Augusta National Boulevard, as recorded in COUNTRY CLUB VILLAGE UNIT ONE, recorded in Plat Book 22, Pages 4,
and 6 of the P,ablic Records of Seminole County, Florida; thence S 54'09'23" E. 141.80 feet along said Northeasterly Right of Way
ie to a Point of Curvature of a curve concaved Southwesterly having a radius of 67.62_feet, and a Central Angle of 58'50'48",
fence run Southeasterly 69.45 feet along the arc of said curve to the Point of Tangency, thence S 04'41'25" W. 58.94 feet along said
fight of Way line: thence leaving said Easterly Right of Way line of Augusta National Boulevard run S 54'05'37' E. 90.06 feet clong
ie Easterly line of said COUNTRY CLUB VILLAGE UNIT ONE. thence S 31'45'52" E. 392.79 feet along the Easterly line of said COUNTRY
LUB VILLAGE UNIT ONE to the most Easterly comer of said COUNTRY CLUB VILLAGE UNIT ONE, said most Easterly corner also being the
lost Northerly corner of Lot 170, COUNTRY CLUB VILLAGE UNIT THREE, recorded in Plat Book 25, Pages 33. 34, 35, 36 and 37 of the Public
ecords of Seminole County, Florida: thence leaving said COUNTRY CLUB VILLAGE UNIT ONE, run S 31'45'52' E, 709.49 feet along the
ortheasterly line of said COUNTRY CLUB VILLAGE UNIT THREE, said line also being the Westerly line of the 110.00 foot wide Florida
ower and Light Company Easement recorded in Official Records Book 183, Page 130 of the Public Records of Seminole County, Florida;
fence leaving said COUNTRY CLUB VILLAGE UNIT THREE continue S 31'45'52" E. 416.14 feet along said Westerly line of 110.00 foot
ide Florida Power and Light Company Easement; thence leaving said Westerly line run N 58'14'08" E, 110.00 feet to the Easterly line
f said 110.00 foot wide Easement, said line also being the Northwesterly line of Lot 173, GREENBRIAR SU801VISION PHASE 2,
!corded in Plat Book 40, Pages 42, 43 and 44 of the Public Records of Seminole County, Florida; thence N 31'45'52" W. 100.00 feet
long the Easterly line of said 110.00 foot wide Florida Power and Light Company Easement, said Easterly line also being the
orthwesterty line of said Lot 173, to the approximate center line of Howell Creek; thence leaving said Easement run along the
oproximate center line of Howell Creek, said center tine being the Northwesterly line of said GREENBRIAR SUBDIVISION PHASE 2, through
-ie following Courses and Distances: N 55'48'42" E. 39.24 feet; N 13'57'00' E. 100.44 feet: S 65'42'48" E. 53.92 feet: N 16'08'27' E.
1.62 feet: N 29"04'00' W. 34.04 feet; N 84'28'41' E. 93.38 feet: N 40'40'42' E, 61.28 feet. N 10'10'05" E. 55.13 feet:
81'28'12" E. 61.22 feet; N 02'38'26" W. 56.84 feet; N 31'48'19" E. 91.69 feet; N 28'09'35" W. 65.08 feet; S 76'52'16' E.
4.77 +t; N 40'01'25' E. 33.4 feet; N 40'43'04" W. 40.96 feet; N 07'08'54' E. 47.03 feet. S 5070'05" E, 90.81 feet;
03 7' E. 47.03 feet; N 36'46'05" E. 64.25 feet to the most Northerly comer of Lot 110 of said GREENBRIAR SUBDIVISION PHASE 2:
ience`leving said GREENBRIAR SUBDIVISION PHASE 2 continue along the approximate center line of Howell Creek through the following
ourse -id Distunces: N 36'43'58" E. 89.62 feet. N 75'04'13" W. 64.48 feet: N 22'38'04" E. 49.01 feet: N 77'37')3" E, 64.48 feet:
iencL ving thn approximate center line of Howell Creek run N 06'12'45 W, 339.79 feet: thence N 72*4.4'55 W, :0.00 feet;
fence S 3577'44' W. 320.00 feet; thence S 8972'35" W. 300.00 feet; thence S 03'23'42' E. 316.42 feet; thence _; 21'30'33' W,
).14 feet; thence S 5526'41' W. 70.00 feet; thence N 80'58'54' W. 70.00 feet: thence N 18'02'14" W. 385.08 feet; thence N 03-06'08" W.
01.99 feet; N 13'70'37" E. 130.96 feet: thence N 41'35'59' E. 685.09 feet; thence N 39'48'11" W. 146.50 feet; thence N 2215'27" E.
)2.11 feet: theme N 1310'27" W. 160.86 feet; thence N 11'49'03" E, 220.38 feet: thence N 29'57'02" W. 192.23 feet: thence N 28'27'54" W.
1.15 feet to the South Right of Way of Winter Springs Boulevard; thence N 89'58'36" W, 149.00 feet along -3aid South Right of Way to the
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