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Home My WebLink AboutTab 01 Tuscawilla PUD GOA ORDINANCE NO. 489 NO ;,. I u o° en N n AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING „ A- SETTLEMENT AGREEMENTti i EETWEN THE CITY"'OF WINTER SPRINGS, FLORIDA v' AND THE 'WINTER, SPRINGS DEVELOPMENT JOINT .� VENTURE; PROVIDING FOR A DEVELOPMENT-ORDER; ;n .r •' AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING mf' MULTIFAMILY DWELLING UNIT DENSITY LIMITS PURSUANT TO SECTION 20-354, CODE OF WINTER SPRINGS; PROVIDING FOR A CERTIFIED MAP; PROVIDING FOR CONFLICTS, SERVABILITY, AND EFFECTIVE DATE. ` r � WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to "the City, adopted Ordinance No. 64 ("Annexation ordinance"), which Annexation ordinance annexed certain property comprising what is commonly known as the Tuscawilla Planned Unit Development (the "Tuscawilla PUD"), into ''ll "' �` rn the Village of North Orlando, Florida; and WHEREAS, the Tuscawilla. PUD originally consisted of �r ? approximately thirty-five hundred acres (3,500) and was approved for development of nine thousand seven hundred forty-seven (9,747] total dwelling units; and - '.� WHEREAS, the Annexation Ordinance provided for the == o development of the Tuscawilla PUD based upon an overall o g Vtn development plan and set forth requirements for open space, s 6' recreation space, and other deve!lopment.matters; and* 19 i! 'WHEREAS, subsequent to the Annexation Ordinance, the j " • " Tuscawilla PUD was developed in accordance with the appt'oved „ overall development plan, subject to certain amendments which redesignate the uses of several parcels within Tuscawilla PUD, all of which amendments were in compliance with the overall Tuscawilla PUD concept to better utilize open space and allocate �:•, . densities within Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of Tuscawilla PUD was reduced; and r WHEREAS, the developers of the Tuscawilla PUD have asserted e that the Tuscawilla PUD was designed with the concept of a central core (the "Central Core") of commercial property, in the s parcel commonly known as Parcel 61, to service -the entire 1 Description:' Seminole,FL Document-Book.Page 2277.464 Page: 1 of S Order: 04044838 Comment: Tuscawilla PUD, which Central Core was integral in the design of �` the overall road system and infrastructure of the entire Tuscawilla PUD; and ;X^ WHEREAS, on January 14, 1988, Gulfstream Housing Corp.,L y successcr by merger to Winter Springs Development Corporationii c o 7.t entered into a contract to sell certain real property to D & NP 41- y c� Investments, which property was. located in the Central Coreg which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core N property be developed with a commercial use; and r , s WHEREAS, the developers thereafter sought to develop a t shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers ` of the Tuscawilla PUD to develop a shopping center within the j, Central Core, which resulted in negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial_ circuit in and for Seminole County, Florida (the "Court"), Case i NO. 89-3589-CA-11-L, Winter s rias Development Joint Venture a " -;. Florida_joint venture throu h its General Partner ulfstre Housing Corp. , successor by merger to Winter S rin s Development, Cor oration Petitioner. v. City of Winter s rin s a Florida municipal corl2oration, Res ondent (the ".Petition"); and " WHEREAS, in an attempt to resolve the issue surrounding the Petition, WSDJV and The City agreed to a mediation of this matter approved by the Court, which mediation was held on February •2, 2 MigillgIll Description: Seminole,FL Document-Book.Pae 2277.464 Page: 2 of Order: 04044838 Comment: , � 1+:x t <.:.•—.e;e.�^e.. aa:,J ..,.r ,as a aee �f waw%Y ti�,W{.i•4, i"•',Y^�;�,d P �6��5""��4 M w1M1'1.&, �`ti.tia 1r° 1y�� _ 1990; and 4 A WHEREAS, as a method of settlement of the Petition and the . issues surrounding the development of the Central Core, WSDJV and r The City agreed to review the land uses for the remaining properties undeveloped ro within the Tuscawilla PUD and amend the P P P Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within the,, -C Tuscawilla PUD and in keeping with the original approvals grantedr r J. rn relative thereto; add o WHEREAS, the property remaining to be developed within the.'' ca nom. cr, '" •i Tuscawilla PUD consists of approximately 367.2 acres (collectively the "Remaining Property") •consisting of: 'approximately 32.2 acres designated as Parcel 14C ("Parcel 14C"), 117" approximately 35.0 acres designated as Parcel 61 ("Parcel 6111), approximately 202.9 acres designated as Parcel 15 ("Parcel 15"),. ID 4 y'4. approximately 75.4 acres designated as Parcel 80 ('Parcel 80"), and , approximately 20.7 acres designated as the Lake Jessup p Property ("Lake Jessup Property"), which Remaining Property and ? p the aforedescribed parcels are •described on Composite Exhibit "A" g 8 �y attached to the Agreement and expressly incorporated herein by j this reference; and B WHEREAS, pursuant to the Agreement, the total number of r' residential units and total commercial acreage in the Tuscawilla ° s PUD will be'reduced from the original approval; and WHEREAS, the Agreement is in the best interest of The City ° a .� and promotes the health, safety and welfare of the citizens of The City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes (1989), as amended, of the original approval granted to the i Tuscawilla PUD; and z WHEREAS, The City has determined that it is in the best x N 3 9 ,Pl Description: Seminole,FL Document-Book.1?age 2277.464 Page: 3 of 5 Order: 04044838 Comment: ` ... rl% , a e f interest of The City and its citizens to settle the Petition by adoption of this 'Agreement; and .WHEREAS, The City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth within the Agreement. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, tv FLORIDA, HEREBY ORDAINS: ai -4 x SECTION I: The Agreement between the City of Winter Springs, Florida, " � and Winter Springs Development Joint Venture, a Florida jointp 0 a venture, attached hereto marked as Attachment "1", is hereby V accepted and adopted by the City of Winter Springs, Florida, and made part of this Ordinance as if fully set forth herein. SECTION 11: The Agreement shall constitute a development order pursuant to Chapter 163, Florida Statutes (1989), as amended, and shall govern the City and the developer accordingly. SECTION III: Annexation Ordinance No. 64 is hereby amended pursuant to d the terms of the attached Agreement, and any and all approval, master plans, submissions and other similar matters affecting the remaining property of the Tuscawilla PUD are hereby automatically amended to conform to and reflect the provisions of the I Agreement. SECTION IV: Pursuant to Section 20-354(b)(4), Code of Winter Springs, the maximum allowed number of dwelling units per gross ,. A residential acre for multi-family dwelling units within the Tuscawilla PUD is hereby waived to the extent permitted under the Agreement, upon recommendations from the Planning and Zoning Board. SECTION V• Attached to the Agreement as Exhibit "B" is a proposed land use plan of the remaining undeveloped property of Tuscawilla PUD. Exhibit "B" of the Agreement is hereby adopted, approved, and certified as the land use plan of the remaining undeveloped i 4 Description: Seminole,FL Document-Book.Page 2277.464 Page: 4 of 5 Order: 04044838 Comment: g properties in the Tuscawilla PUD. SECTION VI• All ordinances or parts of ordinances in conflict herewith„ shall be and the same are hereby repealed. SECTION VII: If any section, or a portion of a section, or subsection of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or to impair N cn CA C3 the validity, force or effect of any other section or portion o4 a section or subsection or part of this.. ordinance. SECTION VIII: -v This ordinance shall take effect immediately upon its final o �' k passage and adoption. Passed and adopted this _a 3.�c_ day ,of 1990. a CITY OF WINTER SPRI r ATTEST: toW'„ d 6�?C IuEANl+�E ROVE".wMAYOR w o� CITY LERK r ' &� o First Reading: May 14, 1990 Second Rira Reading June 11. 1990 •� o M o Posted: May 18, 1990 Third Public Hearing and-seeand Reading: June 25. 1990 i In .�. I 5 Description: Seminole,FL Document-Book.Page 2277.464 Page: 5 of 5 Order: 04044838 Comment: — ""M" ,,y,,,"., ,.!¢• .CC w �ti;r roil 2277, 6469 y_ SETTLEKENT AGREEMENT AND + AMENDMENT TO AMIM=XON ORDINANCE NO, 64, THE TUSCAWILLA PLANNED UNI'1" DEVELOPMENTs � ITER PLAN FOR THE ' SCAWILLA PLANNED UNIT DMLOPMENT AIM RELATED MATTERS THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE "NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER . PLAN FOR. THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND' RELATED _ MATTERS (the ""Agreement"), is made and entered into as of the day of ` E'N19"90, by and between WINTER SPRINGS TURE x DEH1,OPk4ENI JOINT , a Florida general partnership (hereinafter referred to as ""WSD.TV""), and THE CITY OF WINTER SPRINGS, FLORDA, a 'Florida municipal corporation (hereinafter referred to as the "City") r W.I T N'E S S E T H: lu w. WHEREAS, on October 11, 1971, the 'Village of. North".Orlando► B Florida, predecessor to the City, adopted Ordinance No. 64 (the LJ "Annexation Ordinance"), which Annexation Ordinance annexed C3 certain property comprising what is commonly known as the Tuscawilla Planned 'Unit Development (the ""Tuscawilla PUD'") into i M the Village of North Orlando, Florida; and C) x. UWERE84S, the Tuscawilla PUD originally consisted of approximately 3,500 acres and was approved for development of 9,747 total dwelling units; and. WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PUD based upon an overall development plan and ,set forth requirements for open space, uj recreation space and other development matters; and " FEREAS, subsequent to the Annexation Ordinance, the x° r Tuscawilla PUD was developed in accordance with the approved . u.ur uu overall development plan, subject to certain amendments which rmy redesignated uses of several parcels within the Tuscawilla PUD, all of which amendments were in compliance with the overall r Tuscawilla PUD concept and approvals in effect, and were u effectuated in order to better utilize open space and allocate densities within the Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of the Tuscawilla PUD was reduced; and • WHEREAS, the developers of the Tuscawilla PUD have asserted �that the Tuscawilla PUD was designed with; the concept of a - _- central core (the "Central Core") of commercial property, in the parcel commonly known as Parcel 61, to service the entire Tuscawilla PUD, which Central. Core was integral in the design of /C/DAH 6786062AMD 06/22/90.3 Description: Seminole,FL Document-Book.Page 2277.469 Page: 1 of 32 n._..i.,.., ndnQQA7R rnmmP_nt: •• �rtL^ ',, ," .. s• w Ra � r,..""h C ,"�,"rm,ar .p.F.i- raa .�,. �— y T, `t CO15" PAG: 2277 a4 l(? , ' the overall road system and infrastructure of the entire � Tuscawilla PUD; and I , EAS, on January, 14, 1988, Gulfstream housing Corp.. successor by merger to Winter Springs Development. Corporation, a Contract o Sell certain realproperty-to D & M • � z entered into a on ct t Investments, which property was located in the Central Core, i which contract was subsequently assigned by Gulfstream 'Housing Corp, to WSDJV; and i WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core; and WHEREAS, the City refused to allow a shopping center development within the Central Core; and WHEREAS, such denial led a series of discussions and negotiations between WSDJV.and the City and ultimately to a series of ,public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial. use; and - WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a ! Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit•in•and for Seminole County, Florida. (the "Court")t Case No. .89-3589-CA-17-L, Winter Srin s Development Joint Venture, a Florida' oint venture, througha,ts Genera Partner Gut stream ! ;3cus n Corp., successor mer er tai winter S rin s Deve o mens Corporation; Petitioner v.. Cit as Waster Springs, a Florida miun c a For oration, Respondent (the ,petition"); an i WHEREAS, in an attempt to resglve the issues surrounding the Petition, WSDJV and the City agreed to a mediation of this matter, approved by the Court, which mediation was held on i February 2, 1990; and WHEREAS, as a method „of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and the City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla PUD and amend the 2 /C/DAH 6786062AMD ,06/22/90.3 10 IN Description: Seminole,FL Document-Book-Pa a 2277.469 Pare: 2 of 32 Order: 04044838 Comment: " ; 2 7 7 LD 7 1 SEMA L_CO.►L. Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within the Tuscawilla PUD and in keeping the original approvals granted relative thereto; and WHEREAS, the property remaining to be developed (which shall not include real property which presently has or is presently being revie"d for site plan approval, plat approval, building permits, or ether similar approvals or matters) within the Tuscawilla PUD, consists of approximately 366.3 acres (collectively the "Remaining Property") consisting oft approximately 32.3 acres designated as Parcel 14C ("Parcel 14C""), approximately 3S.0 acres designated as Parcel.61 ("Parcel 61"), approximately 201.3 acres designated as Parcel 15 (""Parcel 1511'), approximately 77.0 acres designated as Parcel 80 ("Parcel` 80"), and approximately 20.7 acres designated as the Lake Jessup Property (the "Lake Jessup Property"), which 'Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A"" attached hereto and expressly.. incorporated herein by this reference; and WHEREAS, pursuant to this Agreement, the total number of residential units and total commercial acreige in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, this Agreement is in the best interest of the City and will promote the health, safety and welfare of the citizens of the City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes a (1989), as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, notice of intent to consider this Agreement has been properly published and given; and WHEREAS, the City has determined that it is in the best interest of the the City and its citizens to settle the Petition by p g adoption of this Agreement; and WHEREAS, the City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters setforth herein. NOW THEREFORE, for and in consideration of settlement of the ° Petition and other and good and valuable consideration, WSDJV and the City hereby agree as follows: 1. The foregoing recitals are true, corse t .and accurately reflect the matters affecting the ,Tuscawilla P7 and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. 3 /C/DAH 6786062AMD 06/22/90.3 " Description: SeminoIe,FL Document-Book.Pae 2277.469 .Page: 3 of 3c Order: 04044838 Comment: EMENIMMEMEMISM .22170472 d 2. The Remaining Property shall be developed in the - w following manner: :T7 PARCEL ACREAGE LAND USE UNITS 24C 31.2 Single Family 125 1.1 Seneca Boulevard -- t 61 33.0 Single Family 198 1.4 Commercial 0.6 Service Road --, ,w 15 67.0 Commercial 104.0 Single Family 416 25,2 Multi-Family 504 3.6 Vistawilla Drive - 1.5 Fire Station -- 80 74.0 Multi-Family 1,480 3.0 Tuscora Drive -- Lake Jessup iProperty 20.7 Multi-Family 166 TOTAL 366.3 "2,889 3. The acreages described within each Parcel are approximate acreages only and shall be finalised at, such time as a final .survey of each parcel is obtained. Therefore, the legal descriptions set forth on Compos Exhibit wAe� are subject, to revisions based upon such final surveys and sound land planning techniques, it being the intent of "this Agreement that this Agreement be inclusive of :all remaining;undeveloped real property within the aforedescribed parcels within the Tuscawilla PUD as of the date hereof; provided, however, no boundary of any such i parcel shall be expanded by more than one hundred (100) ' additional feet. 4. The units set forth herein., for the multi.-famil and single family designations are the maximum allowable units within each such parcel and the acreagesset forth herein for the commercial designations are the maximum allowable acreages ,for commercial property within each such parcel. Notwithstanding the Y foregoing, wS'DJV shall have the right to request minor 'revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall u units and commercial acreages on a gross basis do not exceed those set forth above, subject to the applicable provisions of the City Codes. s 4 r" /C/DAH p 6786062AMD D6/22�/90.3 Description: Seminole,FL Document-Book-Page 2277.469 Page: 4 of 32 Order: 04044838 Comment: �'4,�E,.",.a,'"'r �i ri�;r'1.7 ""�'.C"A"I G' �+rz•g5 .fir;,� w r..'t;n-s r,�..�v,�yr ^r err .�:ll'•;',;.rn."..,"M �e.; N.,i�,"' .. t C-M3 c 2277 0471 .k w� 5 !!,hCi CO.F"i.. '" TM 5. The land use designations set forth herein •are inclusive s under the City Codes for of less intensive usedgvelopment of the Remaining Property, subject to the regulations of applicable governmental agencies. 6. Within the land use classifications set forth herein, C such classifications shall'be inclusive of all permitted uses C within such land use under the City Codes and ordinances in L. e hereof"; provided$ however" commercial shall effect as of the dat include those uses ,set forth on Exhibit "S" attached. hereto and expressly incorporated herein. 7. Attached hereto as Exhibit "C" and expressly incorporated herein by this reference is a depiction of the Remaining 'Property and the .land uses associated therewith. ' Attached herd'to as Exhibit "D" and expressly incorporated berein I b this reference is a depiction of Parcel. 15 and the land uses associated therewith. Exhibits ""C" and•"D"" are intended for . reference only as, the City and WSDJV acknowledge that the land uses shown thereon are an approximation only as to boundaries and the boundaries of such land uses may vary in order to make better use of the Remaining Property in keeping the terms and provisions of this Agreement; provided" however, no boundary of any such parcel shall be expanded by more than one hundred (100) ;additional feet. The parties agree that Exhibits "C" and " "" D shall collectively constitute the certified map and plan of the Remaining Property in the Tuscawilla PDD. Access points and 1 roadways show the number and approximate location of 'such ;Y matters, which location will be finally determined at the.time of I site plan approval and/or plat approval of the ipe . property such minor adjustments and revisions shhaatll bbee permitted, provided such changes shall not result in an increase in the commercial acreage or units on such parcel, except as otherwise permitted hexein or by City Codes. 8. WSDJV agrees to dedicate a one and one-half (1.5) usable acre site residentialfire section oflocated Parcel 15, atadjacent theolocationRoad inthe depicted r on Exhibit "C". ` 9,, wsojV shall be entitled to transportation impact 'fee and other impact fee credits for the dedication, planning, development and construction of Tuscora Drive and Vistawilla Drive, which road are determined to be collector roads and other public dedications in an° amount equal to the impact fee credits r permitted under the Transportation impact Fee Ordinance or other applicable ordinances adopted or to be adopted by the City, for right-of-way', planning, design$ development and construction of such roadways. 30. The access points of the Remaining Property along State os Road 434 shall be of the number and in the approximate 5 /C/DAH 6786062AMD 06/22/90.3 Description: seminole,FL Document-Book.Page 2277.469 Page: 5 of 32 ....... ._ �. .._-___ nw neQAIR r'nmment: -�^^ � Z71 47 ': -. ` as depicted on Exhibits "C" and "D"; howeve"r',," " `ic0'acbess points shall be subject to Florida Department of Transportation requirements,'guidelines and standards. 11. In the event of any conflict between this Agreement and any other ordinance, approval or similar matter regarding the Tuscawilla PUD, this Agreement shall control and govern the rights and obligations of the parties hereto and such approval or similar matter. 12. Any and all approval, master plans, plans, submissions and other similar matters affecting the Remaining Property are hereby automatically amended to conform to and reflect the provisions and intent of this Agreement. 13. Buffering of the Remaining Property shall be subject to the provisions of the applicable City Codes at the time of site plan approval. 14. In order to develop the Remaining Property, WSDJV shall be required to comply with the applicable City Codes, it being the intent of this Agreement that this Agreement constitutes a. revision to the approved map and master plan of the Tuscawilla PUD and that in order to develop any portion of the Remaining Property, tbe, remaining approvals necessary consist only of site plan, final development plan or. plat approval and preliminary and final engineering approval., as:provided by the afgredescribed City Codes regarding Planned Unit Developments and specifically Chapter 20, Article IV, Divisioza 2, fart A, which applies to the Remaining Property. 15. WSD;TV'• agrees that the City may, at any time, adopt a special tax district encompassing that portion of the Remaining Property and other property located adjacent to State Road 434 from the eastern boundary 'line of the .City to State Road 419, for improvements and beautification of State Road 434. 16. WSDJV ,agrees to grant and convey a ten foot (101) easement to the City over and across the southern boundary of Parcel 14C and continuing along the southern boundary of the adjacent zeal property owned by WSDJV in the City of Oviedo, k I"lorida, to State Road 426, on or before thirty (30) days from. the date this Agreement becomes final and is no longer subject to appeal. P 17. It is the intent of the parties that although the Petition be dismissed without prejudice, the Court shall retain jurisdiction over this matter and specifically with regard to this Agreement, in order that any disputes hereunder shall be resolved by the Court, pursuant to such proceedings as the Court may deem necessary in order to accomplish the foregoing. Neither party hereto admits to any liability whatsoever with regard to 6 /C/DAH 6786062AMD 06/22/90.3 Description: Seminole,FL Document-Book.Page 2277.469 Page: 6 of 32 order: 04044838 Comment: }• � 47 � ' the Petition and the subject matter thereof'- kfi' is Agreement is in no way°intended to affect the appropriateness or inappropriateness of either parties' position or circumstances with regard to the Fetitior or the events, circumstances and subject matter thereof. In the event that the Court, at any time, determines not to retain Jurisdiction over this ,ratter, the parties hereby expressly waive and agree not to assert the defenses of statute of limitations and lacbes in any subsequent action related hereto. 18. This Agreement shall inure to the benefit of and be binding upon the City and WSDJV and its or* their respective successors and assigns. ` 19. The rights and obligations of WSDJV hereunder are full e assignable and transferable, including but not limited to, event any portion of the Remaining Property is conveyed by WSDJV, and in such event the City shall loot solely to such transferee ' or conditienseandrthe agreements pursuant. toerformance of ltheltermsoofrthis COVenants, Agreement. 20, This Agreement contains the entire agreement of the parties hereto.. Any change, modification, or amendment to this Agreement shall not be binding upon any of the parties hereto, nd unless such change, modification to nr in writing and executed by City ndtWSDJVis byanddadoptedinance aby the City by ordinance. 21. This Agreement shall be interpreted pursuant to the laws of the State of Florida. 22. This Agreement is intended to be performed in accordance ' extent permitted by all applicable laws, with and only to the • . ordinances, rules and regulations. if any provision of thin ,Agreement or the application thereof to any person or circumstance shall for any reason, and to any extent, be invalid or unenforceable, the remainder of this Agreement and the i application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 2.3. In the event of any controversy or dispute arising between the City and WSDJV in connection with this Agreement, n any including without limitation, in any settlement, the declaratory action, at trial or in any appellate proceeding, prevailing party shall be entitled to recover any and all costs iated therewith, in whatsoever nature or foam, and expenses assoc including without ,limitation, reasonable attorneys' fees, paralegal fees, legal assistants" fees, ex;pert.witness fees and other professional fees and expenses associated therewith, 24. This Agreement and any modification or amendments hereto 7 /C/DAH 6786062AMD 06/22/90.3 Description: Seminole,FL Document-Book.Pa a 2277.469 FaS 7 of 32 Order: 04044838 Comment: gi 'e� n _0GR lGf ' 277 041E away be recorded in the Public Records of Seml,46$94cinuy, Florida; however, failure to record this Agreement or any I modification or amendment hereto shall in no way invalidate same. IN JV have AgreementTasSof theEdatethe andCyearand firstDwritten above. this "WSDJV" RENTER SPRINGS DEVEiaOPMENT JOINT VENTURE, a Florida general rartnershipa Signed) s led and delivered BY: GULFSTREAti HOUSING CORP., i the p sence of: a Delaware corporations General Partner By: i tl J. lenn M " M Vice Preside IV V w R (CORP i F � •„ I 8Y: HOME CAPITAL COkP t . i 'e a California corporation; i ,t General Part a * , e` s . V0 s By. s Vice President :. 0 By., J eca o, Assistant Secretary (CORPORA7Z 0 co z, %.', ` "�errr:wrolar�,rw" 8 /C/DAS 6786062AMD 06/22/90.3 a Description: seminole,FL Document-Book.Page 2277.469 Page: 8 of 32 Order: 04044838 Comment: : few • B'a • BOOK ,277 0477 S-sY.lh;:E CO.FL. •SRI. rc THE "CITY" b9' THE CITY OF WINTER SPRINGS FLDRIDA, a 4lorida municipal ® corporation By4luea=nne Attest' ar " . Norton, Grove r Mayor City Clerk T f/ /C/DAR 6786062AMD ;,• 06/22/90.3 Description: Seminole,FL Document-Book.Page 2277.469 Page: 9 of 32 Order: 04044838 Comment: ,b .? 277 k7 ° STATE OF FLORIDE COUNTY OF " I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments', J. G' ENN MARVIN, III, as "Dice President of GDIrFSrMEAM HOUSING C� P., a Delaware corporation, which PKENT corporation is a Ge Fal f WINTER SPR Partner reral oartnership, toGmeDwellOknown to JOINT VENTURE, a Flo a 9 p be the person described and who executed the foregaing instrument and he acknowledged before me that he executed the same for the 'purposes therein expressed, on behalf of the partnership. WITNESS gay hand and official seal in the County and State . da of , '19'90. .- last aforesaid, this y a N ary P c J My o iss on Exres 1T7�Dm yaw� A lt6 JUNI x#.1014 '..,•"�+�• S ..GY4Tl TWATk AaA,TT7,1 ACM1V,4ntlCT'P N#C �'"�/l°,.�°/ STATE OF F!J �� COUNTY OF I HEREBY CERTIFY that on this,day personally appeared before me, an officer„ duly authorized to administer oaths and take aoknowle'drments, LOUIS E. VOGT, as Vice President of NOME CAPITAL CORP., a California corporation, which corporation is a G'enera'l` ” Partner of. WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida to m e well known to be the person described ed lpartnership, acknowledged r e ero rr�� n i.n' and who executed the foregcing instrument and. he ac n g before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and pfficial sea in- he ount,y and State _ last aforesaid, this day of l99 M Commiss o Expires; My ARY w as c ern �R�f At I GW' 3W1'S«TIT7N1S1 39 1 ■oMYso TMWW'Nh7',k/N, Y;MG 10 /C/DAM 6786062AMD 06/22/90.3 Description: Seminole,FL Document-Book.Page 2277.469 Page: 10 of 32 11 i Order: 04044838 Comment: Door. 2277 Oh7 � 5�!+ih�LL Lu.FL. " . " N STATE OF FF RIDA COUNTY of I UVREBY CERTIFY that on this day personally ppeared Before me an officer duly authorized to administer oathsand take acknowledgments, joy DeCAROs as. Assistant Secretary of EOE , acknowl CORP: a California corporation, which corporation is a General 'Partner of WINTER SPRINGS IaEgEImOPMNf JOINT MIEN GREr a Florida general partnership, to me well knownto beethe a person described in and who executed the foregoing e dor the purposes acknowledged before me that he executed the sam therein expressed, on behalf of the partnership- WITNESS, my hand, anndficial s l i the County land�State AC ""Y,YYYYN#INY N#,.A,#1 y 99 last aforesaid, this ya �A.m .." , ws • New ry Pu Ic R.' ; ..p ^i � My Commiss w Allesrw ' " db wiA1k1 , d I. E O mxw u"vrANanww " w�strro�ti �twwns #nr# r 1AIX Na AM#" l 1 ET'A'F IIIA mow"* "Yrs. COUNTY OF +#""AAiN#N YYNpYYY " # ersonally appeared before " I RERY CERTIFY that on this day' p me, an officer duly authorized as to administer oaths and take ' acknnowlted by eN RrDN hLEANNE' H.as y ClerkOof l'RE CITYrOFnWINTERs6PRIN R, i FLORIDA, a ,Florida. municipal corporation, to me well known to be the persons described in and who executed the foregoing instrument and thosescthexeingexpressed,ed before montbehalfhat eofethe nted,Y.t same for the pure YIN^�Iw Pk.. municipality. �� '" WITNESS sway hand a ficial s �th ty andw s"t�.� ot-"I,199gYwr:last aforesaid, this ay o +� d4ba " otary Pub Ic My Commission Expires: ..OVARY ruw4 IVAft OF 0000A Al uuta MY com"Mm KRIM 01com a,It" •OMWY YNNU ARIM0 A01NM-MC I 11 /C/DAR " 678 062AMD 06/22/90.3 Description: Sinole,FL Doc m uent-Book.Page 2277.469 Page: 11 of 32 em Order: 04044838 Comment: 1'P p00K 2277 8C pM�M 14C M h �`• r• F ' icie. ]« o`-tiSS�e rr Ul : .yCoI -y ef DI = and.re.en.ic^ �=cnpublic Recc ,.at:s 'ages == ard =h recorded in Plat °c ia i;nale COUl1L)'I p N w a ' o ' S. .a w Y (Page 1 of 15) ' Description: Seminole,FL Document-Book.Page 2277.469 Page: 12 of 32 Order: 04044838 comment: f eGChi.. � Y77 8 " cf 1..e.—Sectio a 331te• a " as r ah in SIa pan .. c � tb:t C ; P'l�st 1j, pages 6 7 and 2, Slic 9�- of �raaaole .;s � Pieri a N.86023"05"t, along t =tet"ne o" aulevr.* 282..25 fee.; thence N.03'36'55"4w. 60.00 feet = the 00-ft of hegira ara the �: richt-cf a]" Jae q': Winter =right-O!-wayg y (120" f4,/W)s ter^+ SAV23'05"�+"". � said :E lime 217«25 feet to the ,Point of c n—atuse of a � � �1 ex re.:ly, and having a raaus of 25.00 feet: `� tam dao.�f 9 along the arc aait3' 19"27 feet —h a central anlge O0°00"" to the Imine Of the FzS sight- idjw3v lam c -of- ern way (80" Rte« thww 11.03036'55""t,', along said �t sirfZ:�f� w concave u y line 90..78 ffeer to the t of -rfeete of a r�r tea. as1? rastexly e 2aav:nc a raam of 1253.55 feat« thence along the arc of mid•c, ve 84.25 feet IUu'ough a oemt al ancle of 0'2'0 a2"570 toa point; '� leaves° raid fast rig at»o aye litae, r- t4 157"3'05"'�",. 270.83 feet" t Point of c v'a�use of a curve soave r enc moth- out. e-terly, " having a radius of 27.23 feet; � a tial easr.rly elonc, ^� arc of said � 40.44'feet �� s 10-22"14"E. ancle of 63014'41°" to the point of tangency', y line of 175.25 feet to a,point c .the aforesaid ve yam, �a.srr � = .S=ings :tlevrard, said sant being rn a � gent erly, ,-r^ havinc a raci.0 of 10E5.92 fee. theme t 3raal of s.82016107"W run alc g the arc of std c�-+re a",s' al,xxa sa a rika kwa ;l ei+ vz-saf-ma y lam 76.01 feet t zntz5�a� central angle of 04,06"52" to tie point of besir,T.ng, sainaag' 1.4112= aces. , (Page 2 of 15) Description: Seminole,FL Document-Book.Pae 2277.469 Pae: 13 of 32 Order: 04044838 CO _ •a':::...•_;,".,—...•r;i „.'.� yx •" +ws•f s w!3}4 a LOG& `277 2 - 6l Cu.FL. From h centerline of intrrseCtion iin«er 5prinFs 1!11;;71 lat varc and va rthern tay as Show+n in pPagesff�J7�SaL5pFublic re. rf1,UF', as recorded in Flat Le'aL 18" �^ "Cb"E" alone the , cores of Seo°"inole County" Florida" run 1'f.6 s thenca centerline of tinter Springs Boulevard th2.85rfeer�ght of Vf.G3`3L"r5"" 58.f1D fees to a Po said' point. being on a line of said linter Springs 6oule-yard, feel.** a . Curvy concave Northerly and having a radius of run � t'henca from a tangent bearing of f�.86°73"1tl5"f, right of along the arc of seid curve and along said V;orthol„y +��y line 76 01 feet thrauOh a Central angle of Doll h% w the Poing of oag'inning; thence having said ixe point oflturva-. uay° 'line, rural Vt.W22"la�^tw,1173.E5 fee Andoha ng 'a radius of Lure of a curve Come avt Sou.hvestarly 77.53 feet; thence run rouohorthwesrall�ngleng th%1a0a1�" %0 the curve 40,aw feet wh , point of tangenCy; thence run S.85 boftfior herrn waw. 27111 t(8G"a Point oritht Easterly right o. wad r and having R/,.,) said Point being on a `curve Cnocava asterly bearing Of a radius of '1553" 5 feet, hence "rom- a tree arcaOf saidCurve and 1f,GloO3"58""V". run Vgortherly along the a�a,��' 'feet throua,h a along said Easterly right of grey said central anole of G'10'30'S5"" to a. Poing tilli . leaving L'as»terly right of way 'Vine run 1,"8602.°G'S S Thwes5 "eat to the point ,pf ave Curvatura of eeurthenceve crunoutneaserly alc�n�°g 1 having g radius of 77.57 f o 9 the arc of said curve 113.111 feet th�he�Caarunn5�10 22014'-E. M1„3'�1a,"C1"" to the , ntt onf the foresail Vlortherly right of Was i 1175 t1V1 feet to a"p Dint being on a curve ; �q line of tinter Springs 8oulev r��diusdo 1V1L .g fee° ; %hence concave Vortherly an; having from a tangent bf3rndgalf 5.?F037lorth"erlynrighteofywly linehe arc of said cure more or less. ere o 'eat through a ralong angle of V1a"3a`al" to the point ” of beginning" conwdininq therein fV.5g75 acres (Page 3 of 15), ” Description: Semi.nole,FL Document-Book-Page 2277.469 age: 24 of 32 Order: 04044838 Comment: tq 2277 7Y � � S�Y�hLL'c CJ.FL. ,. A 1 4 pram the ceatcrlias lntsratctaon of 14101tot Savings 0oolevr�sAs r1Northernda.WAS',hrl a csuaccrda of lwlet of rotates Slrcings unit 4. reeardod in rime chafe l9, 9 4 5aralrwAla 4;ounty pdor{dar run ".03'36^55*si. along the centerline of rsorthern wrav 175«79 fret: rthencenotnt drstnlthe point4Afd0 fact ry 6 aurvstora ofpod or cancthe Avetc4l;%orlvfand nsvrnAit oA rodivaref lv"'55 festa roll thence Hortherly Along sold richtwof-VAv line Ant1 Afono tiro sic of ontinuarvc tnerll loot tiwrough A central •Hale of x9"23,36' to rile paint of boginningy thAns,e toatiouo NartonrfY A{oawr„ ch arc of amid curve 453.3) feet tlwrouywh o Central awsals of 11•d3"01`1 tfwanud run 5.7D" 12^30^C» 351.9.1 favtf thonos N.263237C» 303„15 feet to the South flea of a 110 deet ufdr f"locldo f"alar Aad Light Comernyf iAooscatl thoacs 11.54'05"37N.. Along, said South line 364w„00 at-Vol, -to-tile rwlnta0, curlvatureAnf al�n,urvoNeoiSwc&vs, Sow chaaatarlvrandaI'livinglwm� radius of 410„00 faces ron thence Nmrthemwterly Along tilt arc of road curve 1141^93 foot tarougNw central sa11a of d9'll'11 to tare point of reveroa aAromturs of A a+wive eA+acmvm Nnrth.estarly And NwmvrI A ledioa of 296«47 feint; run tlwanca vorthtostsrll� 177.4 fvmt. Along tile... arc of said curve througlw n oontrel aegis of 34.96'09* to %he Srwutn line of 199 foot wide fbride f�wwwor Corporacion t'asawrant. thence 5.95'19"12.0 sloar0 said'Sou lint 991.73 oule thence d r fast° 170.01 doot.%o the Northerllr right-of_,;nl" lint of Winter Spriwlgs 001 1;15.10yntd. sort ririht- of-umy lieu 3rsiawg on m cavum aAntmum SO Ly had having A radius of d315«1p domt4 tfsaneA grown A tawxyont damorins of 5.62"10'55'41. run Southwostarir tions sett rigtwtthe poi t of end mice rfrescma5of 27”3026”wlydvs261�5d1fmmtittohtfwrgpolntccnwCrcwlarwac�areefo{laycurve concave point of having o radios of 3095.92 lasts run t3low" 5out4naastorlyr Alonu the Are of Amid euros 96a«d9 (amts thence 14.10 22"19"31^ 50,00 feet to the beginning of scores eancsus l4urtlww+cueANOr and faAwrlsaq m radius of 3015,92 deet. tfweaod fraA m tangent iwamrian of N»79'1'7'16" ion Northsssteriy Alang tale arc of raid curve 170.79 foot throvah a esntrA'i Awwols of 09'2A"d1 & thence N»li`d9^ 501w, 315^10 facts thence N"09132131"w:. 419.75 foot to tho Point Of beginning, conto�ntaA tNsarm"1n 32.99791 acres. " (Page 4 of 15) Description: Seminole,FL D . e _ r P ocument-Book.Page 2277.469 Page: 15 of 32 ,_a _. nandeRRR Comment: :USCAHILLk PARCEL 15/PARCEL 1 1° ` ..,.... .° :GQA r..�_ ? 277 P n. w DESCRIPTION: That hart of the MAP OFTIE PHELLIP R.YOUNGE GRANT,as' recorded in Plat Book 1,Pages 35 through 38 of the Public Records of Seminole County and that pati of Sections 5 and S.Township 21 South, Range 31 East,Seminole County,Florida,being described as follows: Begin at the Northeast corner of said Section 8,Township 21 South,Range 31 East,Seminole County, Florida,thence sun.S 00'*24"55""E along..the East line of the Northeast l/4 of said Section 8,for a distance of 205.56 feet t6 the Point of Intersection of the Northerly Right-of®Way line of the . La)--e Charm Branch of the Seaboard Coast Line Railroad (100"R/V)with the Easterly Right-of--Way line of the Black Hamunock Branch of Seaboard Coast live Railroad"said Point of Intersection being a point on a curve concave Northeasterly having a radius of 799.85 feet and a chord bearing of N 49'02"35"W; thence rugs.Northwesterly along the arc of said curve and said Easterly Right-of-Way lane through a central angle of 08`"11"08" for a distance of 114.27 feet to a point on a curve concave Northeasterly having a radius of 651.23 feet and a chord bearing of-N 20°36"17"'W; thence run along the arc of said curve and said Easterly Right-of-Way line through a central angle of 54035"00"for a distance of 620.40 feet;thence mn N 06121"38"E along said Easterly Right-of-WRY 1'iPt for a 1.540.55 feet;thence leaving said Easterly Right-of-Way line run S 89"3T22"E along the South Right-of-Way line of State Road No.434(60" for a distance of 131.05 feet;thence run S 0001157"W along the:East lure of the Southeast 1/4 of Section 5,Township 21 South,Ramage 31 East for a --` �— distance of 1958.31 feet to the POINT OF BEGINNING. TOGETHER WITH: Commence at the Northeast comer of Section 8,Township 21 South,, Range 31 East,Seminole County,Florida,thence.run S 00*24'55"E along the East line of the Northeast 1/4 of saidSection 8 for a distance of 205.56 feet to the Northerly Right-of-Way lime of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' ;thence run N 54°34'57""W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radios of 1959.1.9 feet and a chord bearing of N 66156'09"W;thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way line thu Dug a central angle of 24°44'10"for a distance of 845.83 feet to the point of tangency; " (Page 5 of 15) Description: Seminole,FL Document-Book-page 2277.469 Page: 26 of 32 Order: 04044838 comment: :U=WXLIA PARCEL 15/p"CCL 1 60tiR. ?ati_ thence run N 79018"14"W along said Northerly Right-of-Way ora 4 8 M- distance of 691.26 Beet to the point of curvature of a curve concav Mfs'tt_E CO.-FL. Southwesterly having a radius of 2612.09 feet;thence ran Northwesterly along the arc of.said curve and said Northerly Right-of-Way line through a central angle of 11°46"38"'for a distance of 536.9'2 feet to the point of tangency„ thence run S 88°55'08'"W along said Nortlterly Right-of-"day line for a distance of 96.48 feet to the Easterly Right-of-Way Eine of Proposed Vistawilla Drive and a pointon a curve concave Southeasterly having a radius of 460.00 factand a chord bearing of N 44*53"28"E; thence run Northeasterly along the arc of said curve and said Easterly p Right-of-Way line through a central angle of 69000"18"for a distance of 554.01 feet to the point of reverse curvature of a curve concave Northwesterly hawing a radius of 790.00 feet and a chord"hearing of N 44150"50"E, thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way lime through a central angle of 6905'33"for a distance of 952.65 feet to the POINT OF BEGINNING: thence continue" Northerly along said Easterly Right-of-Way line and said curve having a radius of 790,00 feet and a chord bearing of N 050t=51"E through a central angle of 09'50'25"for a distance of 135.68 feet to a point of non- tangency; thence run,N 06010"16"E along said Easterly Right-of-Way line for a distance of 100.50 feet;.thence'taut N 00"2738"E along said Easterly „ Right-of-Way line for a distance of 214.99 feet to the point of curvature of a curve concave Southeasterly having a.radius of 25.00 feet,thence run Northeasterly along the arc of said curve through a central angle of i 90000'00"for a distance of 39.27 feet; thence run S 89032'22"E along a line that is 255.00 feet South of and parallel with the South.Right-of-Way line of State Road 434 for a distance of 404.53 feet, thence nest N 00°27'38"E for a distance of 25.00 feat to said South Right-of-Way line; thence:run S 89°32'22" E along said Sayth Right-of-Way line for a distance of 639.86 feet to the West Rightof-Way line of the Black Hanarnock Branch of the Seaboard Coast Line Railroad;thence run S 0621"38"W along said West Right-of Way lime for a distance of 502.66 Right- feet; thence'leaving said West Right-of-Way line run N 89'°32"22'"W for a- ' distance of 1039"34 feet to the POINT OF BEGINNING. r TOGETHER WrM: { Commence at the Northeast coiner of Section 8,Township 21 South"Range 31 East,Seminole County"Florida, thence run S 001124'55"E along the East l'hre of the°Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the N6rtherly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad(100"R/W) thence run N 54'3457 W along said Northerly Right-of-Way-line for a distance of 293.14 feet to a (Page 6 of 15)Descri ,, „ 9 9 32 Order:P04044838 ComrnentL Document-Book�Pa a 2277.469 Page: of �� "G'.tl p'�i'wYO;..w-,...gyp:•r....;., ... .. e. .. r • .•. . • :SChR_C:J. ?hRCE:. .S/ihfL:EL . •. Y , point on a curve concave Southwesterly having radius of 1959.19 feet and w a chord bearing of N 66*56'09"W:thence run Northwesterly,along the arc of said curt"e and said Northerly Right-of=Wal"line through a central m an°le of 24°44'10"for a distance of 845.83 feet to the point of tangency". thence run N 799814"W along said Northerly Right-of-Way line for a distance of 691.26 feet to the point of curvature of a curve concave r� Southwesterly having a radius of 2612,09 feet;thence run Northwesterly m � along.the arc of said curve and said Northerly Right-of- ,ray"lure tlrovh a central anile of 11°46'38""for a distance of 536.92 feet to`the point of tangency; thence run S 89'55'08"W along said Northerly Right-of-Way lime for a distance of 178.11 to the Westerly Right-of-Wal"line of Proposed"Vistawilla Drive, thence run N 10°23194'E along said Westerly Right-of-Way line for a distance of 16.23 feet to the point of curvature of a m curve concave Southeasterly having a radius of 540.00 feet;thence run N along the arc of said curve and said Westerly Right-of-Way lute through a central angle of 69°00`18"for a distance of 650.36 feet to the point of b reverse curvature of a curve concave Northwesterly having a radius of 710.00 feet and a choa`d bearing of N 71°54'55"E;thence run s Northeasterly along the arc of said curve and said Westerly Right-of-Way s litre through a central angle of 14157'22"'for a distance of 185.33 feet to the POINT QFBEG G;thence leaving said Westerly Right-of-Way line run N 30°2239"W alone a non-radial line for a distance of 356.04 feet; thence run N 8915T39"W for a distance of 2250.00 feet; thence run N 00°07'21"E for a distance of 100.00 feet; thence nm.N 47°03'59"E for a distance of 292.95 feet; thence run N 00°0771"E for a distance of 400.00 feet to the South Right-of-Way line of State Road No.434 C601' R/M;thence nth S 895239"E along said South Right-0f-"8Y line for a distance of 1580.00 feet;thence run S 89°32"22"E along said South Right- of-Way llne for a distance of 611.08 feet;thence leaving said South Right- ` of-Way line run S 00°2738"W for a distance of 25.00 feet;thence run S 89132'22"E along a line 25.00 feet South of and parallel with said South Right-of-Way line for a distance of 395.00 feet to the point of curvature of , a curve concave Southwesterly having a radius of 25.00 feet;thence run Southeasterly along the arc of said curve through a central angle of 90°00'00" for a distance of 39.27 feet; thence run,S 00°27'38" W along the Westerly Right-of-Way Tine of Proposed"Vismwilla Drive for a distance of 214.99 feet;thence ruts S 05°1500"E alot°rg,said Westerly Right-of- Way line for a distance of 100.50 feet to a point on a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing,of S32°2656"W;thence run Southwesterly along the arc of said can a and said Right-of Way lime through a central angle of 63058"36"for a distance of 792.79 feet to the POINT"OF BEGINNING. i Together containing a total of 66.968 acres more or less and Dying subject to any rights-of-sway, restrictions and easements of record. (page 7 of 15) ;. Description: Seminole,FL Document-Book. ae 2277.469 FaSre: 18 of 3'2 order: 04044838 Comment: " :L'S:rh:_ J. PI.RCEY -:/PARCEL 2 DESCRIPTION: That part of the MAP OF THE 4I of P R.PublicRem R of SONGE eminole le as recorded s in Plat Book 1,Pages 35 throuh Counry and that part of Section 5,Township 21 'South,Range 31 East, Seminole County,Florida,lace descr"nla d as follows. N "f %mshi 1 South,Range „ ;:: Cormrtaetnce at the Northeast comer of SecLn tion , o p z 1 East, Seminole County,Florida,thence run S 0* 4'S5"'E along the East line of the 1ortheastof line of flee©fie oCrha 1rYclta a distance of 205.56 lae feet to the northerly Right-of-Way w; Seaboard Coast Line Railroad (100'Ribµthence mart 54"34 57 ,,; along.said Northerly Right-of- ay litre for a distance of 293.14 feet to a point on a curve concave Southvwesterly having a radius of 1959.19 feet and. a chord beating of N 66°56 9"W; thence Tun Northwesterly' along the arc of said curve and said Northerly Right-of»Way line through a central. angle of 444'1 ""fora distance of 845.93 feet to the point of tangency; thence runs 79*18"1 '""+ along said Northerly Right-of-1 ay lune for a thence continue distance of 16"x.82 feet to the POTNT OE BES �dte for a distance of 79°18'14"" 'aloin said Northerly Rim y ,44 feet to the point of curvature of a curve concave Southwesterly 5 $ having a radius of 6l .09 feet;thence tram Northwesterly along the arc of said curve and said lion of therly Right-of-may line through central angle;thence Tun 11046'39",for a distance of 536.9 feet gh the of-WEIt of line-ar a�ydistance of t S S8°55"08""W along said Northerly pig, y 96.46 feet to flee Easterly Right-of- a1'ine of Proposed�Pistatvilla Drive and a point of a curve concave Southeasterly having a radius of 460.00 feet and a chord lasering of N 4405329" thence run of a e T ou hra central along e arc of said cur�"e and said Easterly Ragat y angle of 69°00'18""for a distance of 554.01 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 790.00 feet and a chord bearing of N 441180"50"E; thence run Northeasterly along the arc of said curve and said Easterly Right-of-way line Hiroo h a central angle of 69'°45"3'3""for a distance of 952.65 to a point of non-tangency , thence leaving said Easterly Right-of-W0 line run S 89°3 " 2""E t along o dray non-radial line for a distance of 103of 4 far 't to the she Seaboard Coaserly te Railroad„ line of the Black hoc" Brandt thence ruts S 06°21,3,6"W along said westerly Riglit-of-Way lane for a distance of 525,90 feet to the point of curvature of a curve concave ! Westerly having, a radios of 552.67 feet and a choral bearing.of S 12° "48"' , thence sun Southwesterly along the arc of said curve"e and ,said" esterly Right-of-Way line throtagh a central angle of 12"22'20' for " 4 a distance of 119.34 feet to a point on a curve concave Northwesterly f b (Page 8 of 151 19 of 32 Description: Semnol.e,FL Document-Book.Page 2277.469 Page: n,,aAr2 04044838 comment: kv f TUSCAtiILLA PARCEL 15/PARCEL 2 having a radius of 656.13 feet and a chord bearing of S 51°1210"W; thence run Southwesterly along the are of,said curve and said Westerly R -0 Way lint thr ugh a central an le of 771102°04"for a distance of 882,17 feet to a point on a curve concave Northerly having a radius of 799,85 fact and a chord bearing of N 85*21'14"W;,thence run Northwesterly along the arc of said curve and said Westerly Right-of-Way 'line ind al6ng the arc of said curve through a central angle of 12°'05'59" ^ for a distance of 168.91 feet to the Poiret of Intersection of said Westerly Right-of--Way line with the Northerly Right-of-Way line of said lake M Charm Branch of the Seaboard Coastline.Railroad Riglu-of-Way and the POINT OF BEGINNING. TOGETHER WrM: ' �� ru o Commence at the Northeast corner of Section 8,Township 2.1 South,Range 1, _ 31 East, Seminole County,Florida;thence run0012455""E along the r '� East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Rigbi-of=Way line of the I.al.»e Charm Branch of the c, ~— Seaboard Coast Dine Railroad (100'Rf );thence rurr'N 54°34"57"" W co along said Northerly Right-of-Way lime for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66*56"09"W; thence run Northwesterly along the arc of said crave and said Northerly Right-of-Way lint through a central. angle of 24°44'10"for a distance of 845.83 feet to the point of tangency; thence run N 79°18'14"W along said Northerly Right-of-Way line for a distance of 691.26 feet to the point of curvature of a crave concave Southwesterly having a radius of 2612.09 feet,thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way line through a central angle of 11°46'38"for a distance of 536.92 feet to the point of tangency;thence run S 88°55'08"W along said Northerly Right-of-Way line for a distance of 178.11 feet to the Westerly Right-of-Way line of Proposed Vistawilla Drive and the POIRr OF BEGINNING;thence run N 10°23'19"E along said Westerly Right-of-Way litre for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feet;thence run Northeasterly along the are of said curve and said Westerly Right-of-Way lime through a central angle of 69°00'18"for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of N 71°54"55"E; thence nun Northeasterly along the are of said curve and said Westerly Right-of-Way line throuih a central angle of 14°57'22"for a distance of 185.33 feet;thence leaving said Westerly Right- of-Way litre run.N 30°22'39"W along a non-radial.line for a distance of 356.04 feet;;thence run N 89052'39"W for a distance of 3675 feet more (Page 9 of 15) " ument-Book.Page 2277.469 Page: 20 of 32 Description: Seminole,FL Doc Order: 04044838 Comment: Ye� .,. • a . 1A" Pi f"�1 b�' 'ipC 1 yup � 'rs r nscwmh PARCEL 15/PARCEL Z s lfMti-..f"•Y F w " Y� b _ or less to the,centerline of HoweU reek; thence runt Southerly along the ' •' centerline of Howell Creek for a distance of 100 9eet more or less to the .r Northerly Right-of-Way lune of Le Charm'Branch of the Seaboard a Coastline Railroad;"thence run-N811" "Qg"B along said Right-of-Way ' i line for a distattce of 3153 feet more or less to the POINT C N x " I 1 Together containing a total of 104.0 acres more or less and being subject to any right-of-way,restrictions and easements of record. ru " a o Co C7 ^ CM M i V yyF dy ,. ate •7� v•A;3a (Page 10 of 15) " MUM Description: Seminole,FL Document-Book.Page 2277.469 Pale: 21 of 32 pill ill order: 04044838 comment: e"• 1 :JSCAKILjA PARCEL 1S/PAR^•EL 3• DESCRIPTION: That part of the MAP OF TIM P1HILLIP R.YCNCl3 GRANT,as recorded in Plat Bool. 1,Pages 35 through 38 of the Public Records of Seminole County, Florida,being described as follows* Conxnrnenoc at the Southeast oorner of Secraon 8,Tov=hip 21 South,Range M." 31 East, Seminole County,Florida,the run. S 001124"55""l along the r East Brae of the Northeast 114 of said Section 8 for a distance of 20, feet to the Northerly Right-of-Way liras of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' ; thence run.N 54° 4"57" " s ; along said Northerly Wight-of-Way lane for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearirng of N 66*56"09""W; thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way lute through a central angle of 24`"44'1(1""for a distance of 845,83 feet to the point of tangency, thence runt N 79""18'14"W along said Northerly Right-of-"Way lure for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet;thence run Northwesterly along the are of said curve and said Northerly Right-of-"Way lane through 'a central angle of 11146'38"for a distance of 536.92 feet to the point of tangency, thence run S 88'55"08""W along said Northerly Right-of='a'+',a lame for a distance of 178.11 feet to the Westerly Right-of- 'ay line of Vistawalla Drive,thence run N W*23'19" P along said Westerly Right-of- •'PJ'ay lune for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.110 feet;; thence turn Northeasterly along,the are of said curve and said Westerly"Right-ofmWay lime through a central:angle of 69°00'18""for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 71C1.a141 feet and a chord bearing of N 71°54'55""l ; thence run Northeasterly along the arc of said carve and said esterly Right-of-Way lune through a central angle of 14°'57'22"for a distance of 1853)3 feet, thence leaving said Westerly Right-of-'Way lane ra n,N 30*2T39"W along aIron-radial line for a distance of 356.04 feet, thence run N 8905219"'W for a distance of 2250.00 feet to the PCT LSFEGMIIN'C;thence run N 00'°07"21'"E for a distance of 1O0-00 feet; thence rust N 47"03"59'"E for a distance of 292.95 fees, thence run N 000721"E for a distance of Y 190.00 feet,thence run N 89°52'39"W for a distance of 311,14 feet; thende ran N 00°07'21" R for a distance of 210.00 feet to the South.Right- of_' 'jy line of State Road No. 434(60' ,thence run N 89°52"39"' ° along said South Right-of-Way line for a distance of 522,20 feet;thence run S 891132"14"W along said.South Right-of-"Way line for a distance of .850 feet more or less to the centerline of with Howell Creek; thence run (Page 11 of 15) Description: Seminole,FL Document-Book.Page 2277.469 Page: 22 of 32 Order: 04044838 comment: n 6 TOSCAIiILLA PARCEL Is/PARCEL 3 o r ' Southerly along the"centerline of Rowell Creep for a ditance of 951 feet more or less to a point in said centerline of 1lowe1l Creels lying„ N 89"52`39"°W a distance of 1425 feet snore or less from the POWT OF BEGINNING; thence ruts S$91152'29'"E for a distance of 1425 feet more or less to the POINT OF BEGINNING. Containing 25.2 acres more or less and being subject to any right-of-way, N N o restrictions and easements of record. .v a rl n C' Ui;! In " z o « • � t„ f r " n� 1 ° ° n 'wtl•r N' s. (Paae 12 of ]51 on: semin Description:pMole,FL Document-,soo .Pa9 a 2277.469 page: 23 of 32' Order: 04044838 Comment: I III III :JSCAWI= PARCEL 15/PARCEL 4 " d " { DESCRIPTION: That part of the MAP OF THE PHILLIP R.VONGE GRANT,as recorded in Plat Book 1,Pages 35 through 38 of the Public Records of Seminole County,Florida,being decribed as follouu"s: Commence at the Southeast corner of Section 8,Township 21 South,Range " Florida, hence run S 0l0°24"55""E along the ro 31 bast, Seminole County, arida, Qr" —4 East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 fact � to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast line Railroad (10101' thence run N ' "57"" Co " along said Northerly Riglut-of-Way line for a distance of 293.1 feet to a �" � � Point on a curve concave Southwesterly haying a radius of 1959.19 feet and a chord bearing of N 66156'09""W; thence run Northwesterly along the Z arc of said`eurve and said NDrtherly Right-of-Way line through a central angle of 241144"10"°for a distance of 8SS.8 feet to the point of tangency, thence run N 7901814"W along said Northerly Right-of-'Way line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.019 feet;thence run Northwesterly along the arc of said curve and said.Northerly Right-of-" gay line through a Central angle of 11"4638"for a distance of 536.92 feet to the point of tangency;thence run,S 88°55"08"W!along said Northerly Right-of-Way line for a distance of 178.11 feet to the Westerly Right-of-Way line of Proposed Vistawilla Drive;thence nus N 1.01°23'19"E along said Westerly Richt-of-Way line for a distance of 1.6.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 54f1w01 feet;thence ruin Northeasterly along the arc of,said curve and said;'Westerly Right-of-Way line through a central angle of 69'+009"18"for a distance of 650.36 feet to the point of reverse curvature of a curve concave Noitliwesterly having a radius of 710.030 feet and a chord bearing of N 71°54'55"E; thence curt Northeasterly along the are of said curve and said"Westerly Right-of-"may line through a central angle of 14*57'22'"for a distance of�185.33 feet; thence leaving said.Westerly Right-of-'Way line run.N 30) 22'39 along a non-radial line for a distance of 356.04 feet; thence nm N 89*5X39"" for a distance of 22501.00 feet; thence run N 090*097"21"E for a distance of 100.00 feet; thence stn N'47"03"59"E for a distance of 292.95 feet; thence run N 00*07"21"B for a distance of 190.00 feet to the POINT OF BEGINNING; thence continue N 00°037'21"E for a distance of 210.00 feet; thence run.N 89°52`29""W along,the South Right-of- Jay line of State Road 434 (60"RW)for a distance of 311.14 feet;thence run S 00°07'.21""W for a distance of 210.00 feet; thence run S 89152'39" E for a distance of 311.14 feet to the POINT OF BEGINNING. " Containing 1.500 acres more or less acid being subject to and rig Ls-Of- way,restrictions and easements of record. (Page 13 of 15) Description: seminole,FL Document-Book.Pag^e 2277.469 Pale: 24 of 32 Order: 04044838 Comment: OM1...,..r.... . • x . • 15.. YA',,7A ♦ yrr w R" ( ) _ ex�•v r N o �y,,�. tiho. t'h)))i '.. Yoe" ,fie�.Orauty��t r rd�c�.. )rt � ' c, ,;�'• �_ " � •� Pof (� ap�p C+�'.''f.` �h «."'IG{' ,7f I"�' �`r 7d�M rA ' Ip M. tlbcough �NiN �r l plat 1. I of t.)! . a=non S and � ;• o °S sjou I To ahi;p�,2) Month, Rang o 0 pr aoo of tho ) 'o S4vth o(` •R. A;A, (old S.R. W County � � w � d'1y; of tore moo" Rtarola o£ tho �h�' I Vii.. " TOWNS as recordc4 t 1"9romd Ind Balt of ARDENA of a sraino)e Corarrc m plat Book 6. FIFO a9 ofthe pooblie Roads F'loridl, leas Right-CO(-WOY for Block tloan'mock Bronch of the B,C. . Roilrood. , All together contoining 278-322 ocres more or less. - r A' c gig � w x i (Pane 14 of 15) IM Deeorip'tion: Seminole,,n Doouuwent-Book.&age 2277.469 %a er 25 of 32 n-4, n4n44838 comment: am—�� p N n•„ C rl �. cd rl •'• 111 DES�lPrl oN . ��GCIw TIM LL•�'�' Load 1 ,jnr ,131oc1:?,,13. . IITCI(I�LL` gl:l m 5. of tlac Pkwi l itccords �aCoein to flat laka�t rcacccS in 1'irat Ilool l: 1'ad'c 01emin�alc CotanIN- lloritlMy, Containing 20.7 acrcc marc �r lctt. h r4 A .. I kR (Page 15 of•15) „ of 32. Descriptio _... Ie,FL Docuent"Boo�.Pac�e 2277.+ 6" Pale: 26 n: semino .. nen�w ova !•nmmonh• r W a EXHIBIT "B" PERMITTED COMMERCIAL USES 1. The.following uses are permitted in the Tuscawilla PUD: a.. Administrative public buildings; b. Advertising agencies; C. Alcoholic beverage sales Qpackag'eg0 provided d. Alcoholic beverage, on �-premises consumption, p food is also served,; •e. Alterations and tailoring, shops and service::; o f. Antique and gift shop; g. Appliances, sales and service; y Cn w h. Artists' studios; i. "" Attornes; ,. J. Automotive accessories sales; k. Bakery, retail; 1. Bathroom accessories; M. Bicycles, sales and service; UT n. Bookstores, stationery, newsstands; " o. Bookkeepers; P. Bowling, alleys, provided either (i) no building may be located nearer than two hundred fifty (250) feet to any residential property line or (ii} the proposed • developer shall provide reasonable evidence that noise entianating from inside such building 'oannat be heard from residential property within the Tuscawilla PUD; q* Butcher shop, retail only; r. Carpets, rugs and linoleum; S. Car wash, automated and enclosed, similar to Shiners and those"associated with gasoline service stations; t. Churches; U. Cleaners; V. Coin dealers; nd software sales and service; W. Computers, hardware a X. Confectionary and ice cream stores; Y. Convenience stores and imarts, including those which sell gasoline, provided gasAine pampas shall ,not be located within two hundred fif ty q'250) feet of any residential property line; Z. Dance and music studios; a aa. Day nurseries, kindergartens and day care; ab. Drug and sundry stores; aEmployment agencies; ad. Financial institutions, banks, savings and loan; ae. Florist and gift sho',p$; af. Full and self service gas stations (major oil x including those providing mechanical companies), ares repair. service, car washes and convenience stores, provided these are located adjacent to State Road 434 and no gasoline tanks are located within two hundred S fifty (250) feet of any residential property line; 1 C/BJM 6786062PCU 07/30/90.1 Description: Seminole,FL Document-Book.PaSre 2277.469 Page: 27 of 32 Order: 04044838 Comment: . . ag. Furniture, retail; ah. Grocers, retail; those whose business include and are limited to the retail sale of godserbut shallincludnot . roc produce, meats and household g include the sale of gasoline; ai. hardware stores; ,. • a . Health food; ak. Hobby and craft shops; ,al, mospitals and nursing homes; am. Ice, retail, when associated with anothecermitted N o use; i; ;r an. Insurance; -� ao. Interior decorating and draperies; ap. Jewelry stores; aq. Libraries; o ar. Loan companies; t: p CA C7 e" as. Locksmiths; at. Luggage shops; au. Medical clinics and laboratories; ay. outdoor' advertising signs sales offices; aw. Paint store; ax. Parking garages when associated with another permitted use; ay. 'pets shops and uos; az. Photographic studidios; ba. Physical fitness and health clubs; bb. post office; bc. Private clubs and lodges; bd. Quick printers; _ Radio and TV broadcasting ting studios, excluding towers; j stereo sales and service; bf. Radio,-TV, video and bg. Rental shops,; professions bh. Rn 'Regulated professios, offices thedeparand tment of licensed and regulated by professional regulation pursuant to F.S. Ch. 455 and . F.S. $20.80, as now existing or as hereafter amended; 1 bi. Restaurants; private and parochial, service bj. Schools, public, vocational schools (such as cosmetology, medical and mechanical dental assistant's training) requiring equipment; bk. Shoe repair shops; bl. Skating rinks, provided either (i) no building may be located nearer than two hundred fifty (250) feet from any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard„ _ from residential pro arty within the 'Tuscawilla PURI b;m* sporting goods, retal, such as ,Sports Unlimited, Sports„,authority, oshman's, Robby s" and specialty s' S sporting goods stores.; vice and supplies and bn. Swimming pool$; sales, ser 2 C/BJM 6786062PCU 07/30/90.1 Description: seminole,FL Document-Book.Page 2277.469 Page: 28 of 32 Omer: 04044838 Comment: contractors associated therewith; bo. Taxidermists; bp. Telephone business office and exchanges; bq. Theaters, not drive-ins; br. Title companies; N bs. Tobacco shops; N C^ tn C3 bt. Toy stores; bu. Travel agencies;. �_ -.4 bv. Weaning apparel stores; bw. Hairstylists barber shops, beauty shops; ,.. bx. Musical instruments, sales and service; o 0 by. Record stores, music stores; bz. optical services and sales; ca. Camera shopps, Photographic stores, Photo developers; ri cb. Party su�ppTies and services; CC. Doctors, Dentists; cd. Department stores and clothing stores, such as Burdines, Tveys, Jordan Marsh, Ross, Marshalls, K-Mart, Wal-harrt, Targets service Merchandise; ce. Past food restaurants, including drive-through services; cf. Specialty groceries and foods, such as Petty's, Barney,"s, delicatessens; cq, office buildings and office parrs, general; ch„ New car dealerships and customary associated services; ci. Tire stores and services customarily associated therewith, such as Firestone, Goodyear, ;allied Discount Tires, Sears, ii-Mart; cj. Automotive services, specialized such as oil Xchange and tune up centers, ck. Boat sales and services (new'), including customarily associated services; cl. Retail .sales: Building and Plumbing supplies, including those associated with hardware stores, such as Tru-Value, Ace, Scotty°'s, Randy Bain s, Builders Squares 'Rome Depots etc.; } cm. Cabinet sales, retail; on. Cold storage and frozen food lockers when used in. conjunction with a primary use such as grocery, restaurant and similar uses; co. Manufacturing and assembly of scientific and Optical precision instruments; op. New recreational vehicle dealerships and customarily o associated services uses; cq. Hoofing, retail sales, when associated with another permitted use; ` cr. Mini-Warehouses and storage; -- p .y . 3 C/B3M 6786062PCO 07/30/90.1 ° p Description: seminole,FL Document-Book.Page 2277.469 Page: 29 of 32 Order: 04044838 Comment: " cs. Pest control-and exterminating services, offices, no ° chemical storage; plants, trees and ct. 'Nursery products and supplies, p associated uses, including stores such as Frank's Nursery, White Boseetc., not including manufacturing and wholesale distribution of bulk materials CU. Some improvement stores such as Scotty's, Builder's Sgpare, HomeDepot; and cv. Video stores, sales and rentals. 2. The pasties agree that intended uses hereunder include those normally associated with retail commercial areas and .. shoppingd it is he intent of the permitted commercial that this uses, provided that additional Commercial uses shall be subject to the approval of the City CO ed The shopping may be free-standing or part•of an attached sho'pp' 9 N N m to o _ m -4 cc: n 11 •1. n,.. m CO c� k n 4 C/BJM 6786062PCU 07/30/90.1 .. Description: Seminole,FL Document-Sook.Page 2277.469 Page: 30 of 32 Order: 04044838 Comment: t .. ' Lake Jessup N n c CTIm ti LANE,JE.S'S'UP PROPERTY =� o `; �( C LAND USE ME MN=FAMILY BW MULTI FAMILY I+-1 ROAD R.O.W. a„ PARCEL BID r PAACMEL I « u PAROM 61 , ..�« L'„EL 140 .... _ O ED W�4m TUSCAw LLA. P.U.D. WINTER SPRINGS DEVELOPMENT JOINT VENTURE ° x Description: Seminole,FL Document-Book.Pag 2277.469 Page: 31 of 32 Order: 04044838 Comment: •�•• ""'""wtl' Ksoutim's ,.,»'}.W^71a.tlam7 Av r{r{00 q yyq W yy5 Y N �I�� m �. �. ...yyyyypYuuu444r u 1 /Y m 1 "4A 1� r ILI Ing � 4 r GG 71, BtuILL .5 Mill a � 177 1 d � i �!�tl. �� 1lstl I . 16�� = �l�mo if11.1NJ IN Mill 1 11 1 ," 1 ro A h!�� ill�y} � 1 1 111 1 IN y WI1 ��I l,�I3�rp��,�i�A It!�9t➢19aA�:1111�l��kl�: Description: Seminole,FL Document-Book.Page 2277.469 Page: 32 of 32 Order: 04044838 Comment: •-,,� MORSE p " yy77o�^yyrq q;pR#("1°s- rw it, RECORDED &VERIFIED COMPUTER CLOSED 174JLL p+f .w �' 10Y 29 AN & 08 IN THE CIRCUIT COURT 011 THE EIGHTEENTH JUDICI CIRCUIT IN AND - 10 SEMI . LE COUNTY, FLORIDA co W WINTER SPRINGS DEVELOPMENT CASE No. 89-3589-CA-16 jOIRT VENT=, a Florida general partnership, ' .THE CITY OF WINTER SPRINGS, a rn Florida municipal corporation. ✓ /v C ` rn I S w n ESI no. 640 .n •• CA M AND AKMEMgEWTTO O I TEM TU'S LLA "1' D P , T P F& s ED UNIT DE VELOPMENT S This matter came before the �is�dayf November, 1990, for the purpose of approving the proposed Settlement to Annexation Ordinance No. 64, the Agreement and Amendment Tuscawilla Planned Unit Development, Master Plan for the Tuscawilla Planned Unit Development and Related Natters (hereinafter °Settlement Agreement") dated September 11, 1990, entered into by and between Winter Springs Development Joint Venture, a Florida general partnership (hereinafter "WSDJV"), and the City of Winter Springs, Florida, a Florida municipal corporation (hereinafter "The City") and determining that the Settlement Agreement is fair, adequate and reasonable. Plaintiff, WSDJV and the Defendant, The City, have entered into and executed the Settlement Agreement to settle and resolve the above-captioned case. The Settlement Agreement is attached hereto and incorporated herein by reference. , ' -1- C/BJM 6786062ORI 11/20/90.2 Description: Seminole,FL Document-Book.Page 2243.1508 Page: 1 of 36 Order: 04044838 Comment: The Court has considered and reviewed all proper and relevant n� matters presented at the hearing, the Joint Motion of the parties $' e� in support of final approval of the Settlement Agreement and the Settlement Agreement. Upon consideration of the foregoing, the 1" tXt o Cour t enters its Final Order as follows: UX r i 1 1. The Court has carefully reviewed the Settlement iAgreement and finds nothing contained therein that limited, prohibited, or eliminated the obligations of WSDJO and The City to comply with all applicable zoning ordinances, statutes and land use laws as they may pertain to the amendment of zoning ordinances or the rezoning of property. 2. The Settlement Agreement expressly providers for compliance with applicable zoning ordinances, statutes and land use laws. 3. WSDJV and The City have complied with all applicable zoning ordinances, statutes and land use laws as they pertain to the amendment of those certain zoning ordinances and the rezoning of property as more particularly described in the Settlement Agreement attached hereto. 4. The terms and provisions of the settlement Agreement are fair, reasonable and adequate, in the best interest -2- C/8JM 6786062OR1 11/20/90.2 w Description: Seminole,FL Document-Book.Page 2243.1508 Page: 2 of 36 Order: 04044838 Comment: w of the parties and in the public interest. In making this determination, the Court has considered the complexity, great expense and likely duration of litigation, the degree and extent . of the arms-length negotiations between the parties,. the probability and consequence of success on the merits as compared ,r a to the terms of the settlement, the absence of objections to thep settlement, and the experience of counsel and the approval of Q both parties to the Settlement Agreement. 5. The Settlement Agreement is hereby AppROVSD and adopted as part of this Final Order. 6. This Final Order Approving Settlement Agreement shall, in all respects, be self-effectuating and shall become fully effective as of the date hereof. 7. Any party to this action may apply to the Court for further Orders as may be necessary or appropriate for the conRtruction, implementation or enforcement of this Final Order Approving Settlement Agreement or the Settlement Agreement attached hereto and incorporated herein by reference. 8. This Final Order shall be permanent and shall � remain and be fully enforceable by the parties and their i E a x -3- C/gin 11/20/90.2 Description: Seminole,FL Document-book-Page 2243.1508 Page: 3 of 36 Order: 04044838 Comment: G successors in interest in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida. .�.. r � v M g. This Court expressly retains jurisdiction to 13 -.. u enforce any provision of this Final Order or the Settlement f � 0 Agreement 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 attached hereto and incorporated rated herein by reference. Y DONE AND ORDERED this Bap of *� �, 1990, in Chambers at Sanford. Seminole County, Florida. RZ' � a sa. ee Circuit Judge d TICFI OF I hereby certify that a. true .and correct copy Of the foregoing has been furni heck by gray of D.S. mil„ postage prepaid to EERY J. T, LRER, SS IRE, Broad and Cas 1[ dl Wir�derley place, 4th Floor, �it'l na Florida 32791, and to F ^ ERUP9� M, ESQUIRE, 90 I. n, Miller, Schwartz & Cohn, First Bankers Building, 129 Wes Central. Soulevar4i, Eleventh Fluor, Orlando, Florida 32501. i 1 -4- b7S6062OR1 11/20/90.2 Description: Sewinole,FL Document-B6ok.Page 2243.1508 Page: 4 of 36 Order: 04044838 Comment: 1 SETTLOUM AGREEKEW AND TO JUEMMATION O I CE N* 64„ THE TUSCA'WILrAw PIED UNXT D P ,KASp M pLANFORTagTUSCAWILLA PLAN = UUTT DEVELOPKENTM AND RELATED TERS r TRPS SETTLEMENT AGREF149NT AND AMENDMENT TO ANNEXATXON ORDINANCE NO- 64, THE TUSCAWILLAPLANNED UNIT DEVELOPMENT, EAST .. � FLAN FOR TRE TUSCAWZLLA P ED UNIT DEVELOPMENT AND RELATED MATTERS (the. "Agreement"), is made and entered into as of the tA -� day of t^ , 1990,. by and between WINTER SPRIk I7SVEv day Of +DIST "I'EETURE, a ,Florida general partnership � (hereinafter referred to as "wSD "" orad TSE CITY Op SPRINGS$ FLORIDA, a Florida municipal corporation (her e4jAfker a referred to as the "City'")- WITHES SETH: WHEREAS, on October ll, 1971, the Village of North Orl +dc ,Florida, predecessor to the City, adopted Ordinance No, 64 %ane "'"Annexation. Ordinance"", which Annexation Ordinance annexed certain property comp; sing what is commonly known as the Tuscawilla Planned Unit Development (the "Tuscawilla 'PUD") ,into the Village of North Orlando, Florida; and wREPY.Ag, the Tuscawilla PUD originally consisted of approximately 3,500 acres and was approved for development of 9,747 total dwelling units; and WEEWig, the Annexation Ordinance provided for the development of the Tuscawilla PUD basnfan open ll space, development plan and set forth requirements recreation space and other development matters; and WHEREAS, subsequent to the Annexation Ordinance, the Tuscawilla 'pCD was developed in accordance with the approved overall development plan, subject to certain amendments which redesignated uses of several parcels within; the Tuscawilla PUD, all of which amendments were in compliance with the overall ? Tuscawilla PUD concept and approval's in effect, and were effectuated in order to better utilize open space and allocate densities within the T"uscawill,a PUD; and a pursuant to such amendments, the overall density of the Tuscawilla POD was reduced; and WnEpxjkS, the developers of the Tuscawilla PUD have asserted that the Tuscawilla PUD was designed with the concept of a central core (the "Central Core"") of commercial property, in the parcel commonly 'known as 'Parcel 61, to service the entire Tuscawilla PUD, which Central Core was integral in the design of 1 /C/DAH 6786062AKD 06/22/90.3 Description: Seminole,FL Document-Bbok.Page 2243.1508 Page: 5 of 36 Order: 04044838 comment: ti the overall road systems and infrestr'ucture Of the entire Tus awilla PUDs and wH�s, on January 14,r 19888, Developmentfstream s Cogrporapti+on, suoc'essor by merger to Winter Springs entered into a Contract 't sety ll certain real prMtraltCore � lnvaastmaents, h as propsubseque +a�hiaoh contract was swzlasaea2vently assigned by Gu;lfstreazm Haousiaa�! Corp. to i SVJV► sand WHEBLAS, the developers of the Tuscawilla pUD have agserted it was intbended under the w�rithsio�ercial usae and ntract that the Central Core property WsEP.EAS, the developers thereafter sought to develop a shopping tenter within the Central Core; and ': . a dispute arose as to the right of the developers of the Tuscawilla p todevelop a shopping center within the Central Core; and WHEREAS, the City refused to allow a shopping center development within the Central Core; and such denial led a series of discussions'' and negotiations between W9C.TV and the City and ultimately to a series elo �thuCentralac�rsto w,�i.ti�datee�er+cial,vested ,s�eainsis of aM17"V is dev , the City Comaai,saion ruled on June 19, 19� , that WSMV did not have vested rights to develop the Central Caere as a shopping centers eat As„ scribed based upertia Certiorari andthe Amended en.dead pet ticon Icor Writ WSDJV ero a petition for Writ Of Certiorari in the Circuit Court of the Florida uda(tens""Court") Case Circuit in and for�Seminole sounV rin�s T evelao msenteJoint rVe tore No. ► Cs enera�a artnr Gul stream "Florida oint successor rc,u ous n Cor wry � to winter � � s �swre ,� awaent Cor orat a n, petit one 'r C�taoo Winter r o s. as vrl a mun of a --or cora on i as on an t ( he prat t on" ars A , in an attempt resolve the issues surrounding the WFMRzpetiticon, W' CjV and the City agreed to a rescission of this matter, a�rlved by ynthe CoUr't, which mediation was held on 'February as a method of settlement of the petition and the WSDJv' and surround issues ygre agreedtoreview t:hethe pland uses ment of hfor ethe aremaaining the City c3 undeveloped properties within the Tus+ca i,lla puD and amend the 2 /CSC 06/2290 3 Description: Seminole,FL Doctunent-Book.Page 2243.1508 Page: 6 of 36 Order: 04044838 comment: 4 Tuscawilla puD to reallocate land uses and densities in a manner ra to better utilize open space and allocate densities within the Tuscawilla pDD and in keeping the original approvals granted us Awl N" i relative thereto; and w WBmMS, the property remaining to the developed (which shams not .include real property which presently has or is presently a I beingreviewed for site plan approval, plat approval, building 1, Cn permits, or other similar approvals or matters) within the TuscaVilla PUD consista of approximately 366.3 acres •�• (collectively the "Remaining Property") consisting of$ approximately 32.3 acres designated as parcel 14C ("Parcel 14C"), approximately 35.0 acres designated as p'arce'l 61 ("Parc+el. 61") , approximately 201.3 acres designated as Parcel 15 ("Parcel 15"), ap roximately 77.0 acres designated as Parcel 80 ("Parcel 80") , an approximately 20.7 acres designated as the Lake ,Jessup Property (,the "Lake Jessup Property"'), which Remaining Property and the aforedescribed parcels are described on Coamprc"msite ExhiLit ""A"" attached hereto and expressly ;incorporated herein by this reference; and WHEREAS, pursuant to this Agreement, the total number of residential units and total commercial acreage in the Tuscawilla POD will be reduced from the original approval.; and WHEREAS, this Agreement is in the best interest of the City and will ,promote the health, safety and welfare of the citizens of the City; and WMMEASp this Agreement does not constitute a substantial deviation pursuant to Section 380.06(10), Florida Statutes (19i3q , a eended ,, of the original approval granted to the Tusca and WHEREAS, notice of intent to consider this•Agreement has been properly published and given; and W8, S, the City has determined that it is in the best interest of the the City and its citizens to settle the petition by adoption of this Agreement; and AREAS, the City and WSDJV desire to amend the Tuscawill s PIID to reflect the matters set forth herein. NOW THEREFORE, for and in consideration of settlement of the petition and other and good and valuable consideration, WSDJV and the City hereby agree as follows: 1. The foregoing recitals are true, correct and accurately reflect the matters affecting the Tuscawilla POD and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. 3 /C/DAH 6786062AMD 06/22/90.3 Description: seminole,FL Document-Book.Page 2243.1508 Page: 7 of 36 Order: 04044838 Comment: b- 2. The Remaining Property shall be developed in the following manners N ND USE UNITS LAt; PARCEL ACREAGE tas " 31.2 Single Family 125 14C 1.1 Seneca Boulevard 61 33.0 Single Family 198 1.4 Commercial 0.6 Service Road - 15 67.0 Commercial 104.0 Single Family 416 25.2 Multi-Family 504 3.6 Vistawilla Drive - 1.5 Fire Station 80 74.0 Multi-Family 1,480 3.0 Tuscora Drive Lake Jessup 20_7 Multi-Family 166 Property TOTAL 366.3 2,889 3. The acreages described within each Parcel are approximate acreages only and shall be finalized at such time as. a final survey of each. parcel i obtained. Therefore, the legal ,descriptions set forth on Composite Exhibit "A"" are subject to revisions based upon such final surveys and soundland planning techniques, it being the intent of thisgreement that this- property Ag reerment be inclusive of all remaining within the aforedeecribed parcels within the Tuxscavilla PUID as Of the date hereofr provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. w 4 The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maximum allowable acreages for commercial property writhin each such parcel. Notwaithstanding the ll have the right to request minor reviiorka torsu+chnallocations g, WSDJV aand redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acrag+ee on a gross basis do not exceed those set forth above, subject to the applicable provisions of the City Codes. 4 /C/DAM 6786062AMD 06/22/90.3 Description: seminole,FL Document-Book.Page 2243.1508 Page: 8 of 36 Order: 04044838 Comment: Ik ., S. The land use designations set forth herein are inclusive of less intensive uses under the City Codes for development of the Remaining Property, subject to the regulations of applicable governmental agencies. A .e- c t 6. 'within the land use classifications set forth herein. such classifications shall be inclusive of all permitted uses within such land 'use under the Cit Codes and ordinances in effect as of the nate hereof; provided, however, commercial,sha include those uses set forth on Exhibit "S" attached "hereto and expressly incorporated herein. 7. Attached hereto as Exhibit "C" and expressly incorporated herein by this reference is a depiction of the pear fining Property and the land uses associated therewith. Attached hereto as Exchibit nDII and expressly incorporated herein by this reference is a depiction of Parcel 15 and the land uses associated therewith. Exhibits IICII and "D" are intended for reference only as the City ,and wSDJV acknowledge that the land uses shown thereon are an approximation only as to boundaries and the boundaries of such land uses may vary in order to awake better use of the Remaining Property in keeping the terms and provisions of this Agreementi provided, however, no boundar of any such parcel shall be expanded by more than one hundre� (100) additional feet.. The parties agree that Exhibits XICA' and 09DaM shall collectively constitute the certified map and plan of the Remining Property in the Tuscawilla PUD. Access points and roadways show the neer and approximate location of such matters, which location will be finally determined at the time of site plan ,a'ppr'oval and./or plat approval of the respective property such minor adjustments and revisions shall be permitted, provided such changes shall not result in an increase in the commercial acreage or units on such parcel, except as otherwise permitted herein or by City Codes. g. WSDJV agrees to dedicate a one and one-half (1.5) usable acre site for a fire station located adjacent to State Road 434 in the residential section of Parcel 15, at the location depicted on Exhibit "C". g. wSDTV shall be entitled to trantportation impact fee and other impact fee credits for the dedication, planning, development and construction of Tuscora 'Drive and. Vistawilla Drive, which roadare determined to be collector roads and other public dedications in an amount equal to the impact fee credits permitted under the Transportation impact Fee Ordinance or ether applicable ordinances adopted or to be adopted by the City, for right-of-way, planning, design, development ;and construction of such roadways. 10. The access points of the Remaining Property along State Road 434 shall be of the number and in the approximate locations 5 /C/Dae 6756062AMD 06/22/90.3 Description: Seminole,FL Document-book.Page 2243.1508 Page: 9 of 36 Order: 04044838 comment: ,J er, said as all t subject tob bFlorida Department ofvTr Transportation poimmts � G shall bet jsidelines and standards. requirements* 11.. in the event of any conflict at between this regarding an a w w any other ordinance, approval or simnmiiar matter regarding re illetshall control approval Tuscaans of the par parties hereto and ind'such rightsanob1 at '-M sw similar matter. i,mnm�s. submissions 12. Any and all approval, master plans, planar score. and other similar matters amendedtoaffeccon oram t+ and ireflect the hereby automatically provisions and intent of this Agrgement. Shall be subject to oert the provisions rofgthe applic leof thei0 tyrCodesyat the time of site plan ;approval 14w In order to dievelop the Re ma,ining City property, WSDTV shall it being be required to commmplyr with tthe thapplicsb ares ntoconstitutes the intent of this ,and master plan of the yuscawilla revision to the approved map onion of time Remaining pmt and that in order to develop any p Properad�y,w the remaininng approvals necessary Cot' only of to planar nd' prelimi final development pian or plat a provtheal aaforedescrib+ed arma3. final engineering approval, as pro°videa myspecif City Codes regarding Plzaraned gmnit Developmentswhiohdap liasitcm the chapter 20, Article IV, Division 2r mpart Ar Remaining property. timer .adopt a 15, WSDjV agrees that the City mays at any orticmmn of the Remaining tame district encompassin locatedhadjace nt to state Road 434 property and other prop from the ea tamrd baautifyication ofline of t ta,tetyRoad 434. State Road 413� for improvettmen 16w agrees to grant and convey tete facr't 110' i Sloe the southern laouanmiar]* of the easement to the Cite over and across the southern boundary o. Parccel. 14C, and continuing g acf' Oviedo, adjacent real property owned by '4150J° in the CityOfdays Proms Florida ' to staate Road 426, o0 or before thirty t the date this Agreement becomes final and is no longer subject +�o . appeal. 1lit is the intent of the parties that although the with regard to juris Petitioabe tionds o�rerthiswmzmamtter and specifically ithout jourt shall retain +di shall be this Agreement, in carder that any 0 such miimapn"mteroceedingsras the +Court resolved by" the Cou t;, ursuantamom�mplisa the foregoing. meither may deem, necessary liability AcCty whatsoever with regard to party hereto ad9maits to any 6 /C/DAH 67SG062AKD 06/22/90.3 i r Description: Seminole,FL Document-book.Page 2243.1508 Page: 10 of 36 Order: 04044838 convent: i g the Petition and the subject matter thereof. Further, this Agreement is in no way intended to affect the appropriateness or inappropriateness of either parties" position or circumstances e+) with regard to the Petition or the events, circumstances and'' T 4L- subject matter thereof. In the event that the Court, at any time, determines not to retain jurisdiction over this matter, roe ca parties hereby expressly waive and; agree not to assert the F r defenses of statute of limitations and laches in any subseaguuent� .,.� V action related hereto. r �+ 18. This Agreement shall inure to the benefit of and, °be binding upon the City and WsDJV and its or their respective successors, and assigns. 19. The rights and obligations of wSDJV hereunder are fully assignable and transferable, including but .not limited to, in the event any Portion of the Retraining Property is conveyed by WS ,T. ,and in such event the City shall loot solely to such transferee or assignee for the performance of all obligations, covenants, conditions and agreements pursuant to the terms of this Agreement. 20. This Agreement contains" the entire agreement of the parties 'heretc. Any change, modification, or amendment to this Agreement shall not be binding upon any of the parties hereto, unless such change, modification or amendment is by ordinance and in writing and executed by both the City and WSDJV and adopted by the City by ordinance. 21. This Agreement shall be interpreted pursuant to the laws of the state of Florida. 22. This Agreement is intended to be performed in accordance with and only to the extent permitted by allrapplca blcif this ordinances, rules and regulations. if any p i Agreement or the application thereof to any persona or circunrstanc+e shall for any reason, and to any" extent, be invalid or unenforceable, than remainder of this 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 by law. 22. 2n the event of any controversy or dispute arising between the City and wSDJV in connection with this Agreement, including without limitation, in any settlement, in an be entitled to recover any ding,, the declaratory action, t trial or in any app prod all costa prevailing party shall and expenses associated therewith, in whatsoever nature or form, nolreading withoutlimitation, reasonable attorrne, s' fees,, tness fees paralegalfesegal assisandtexpenses asso�ated herewith, and other professional 24. This Agreement and any modification or amendments hereto 7 /C/DAH 6786062A 4D 06/22/90.3 Description: seminole,FL Document-Book.Page 2243.1508 Page: 11 of 36 Order: 04044838 comment: l w be recorded in the "Public Records of Seminole County,may �,ry Flraridal however, failure to record this Agreement or any � modification or amendment hereto shall in no way invalidate same g ESS WHEREOF, the City and WSDJV have executed this IN WITNESS ni Agreement as of the date and year first .written above. o "NSDJV" -► u7 + r _ WINTER SPRINGS DEVELOPMENT cam' JOINT VENTURE, a Florida general partnership. sealed and delivered BY: GULFS SOUSING CORP., Signed, a Delaware corporation, _ the aence' of: General Partner Genn Mary v Vice President ,,,+.+�►�, �, "6 (CORPORATE SEL a+ BY: HOME CAPITAL CORP., a California c poration, General Partn By: B . Vc Vice President --- BY• JoveC:ah. Assistant Secret�Wa r A (CORPORA ' 3'M �h .,.�r+�awwr�rww w.wNwr 8 /C/DAH 6y86062AMD 06/22/90.3 Description: Seminole,FL Document-Book.Page 2243.1508 Page: 12 of 36 Order: 04044838 Comment: w THE CCITT" w THE CITY OF WINTER SPRINGS pLORID&, a Florida municipal corporation peration an 4 c� Bp: Gore. Attest: Leanne M. ortcn. 14ayor City Clerk M :WA `1 9 6786062AND 06/22/90.3 Description: Seminole,FL Document.-Book.Page 2243.1508 Page: 13 of 36 Order: 04044838 Comment: ESTATE Off" F TSA COUNTY OF a r I gEpZay CERTIry that on this day personally appeared befo r me, an officer my authorized to administer oaths and. take Zv AM acknowledgments, J. GLENN ' INv 'III, as ®ice President of GULFSTREAH HOUSING CORP., a Delaware corporation, which ro corporation is a General Partner of WINTER SPRINGS DEVELOPMENTS LAtZ + JOINTa Florida general partnership, to me well knowrn be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official sea _ i the Ccupty and State last aforesaid, this day of . 1990. �o ar « yy_ , • My is ion piresr �)Oop .. Or W NAVU0,STATO cw gtoll,MA� AT Oua«+u -, -1061.••"+" AwAd�wMONr m�Llam@: m9s 4 STATE OF F IDA 00"PMO THAU "1*?e ACISwrr« COUNTY OF . I HEREBY TI, Y that on this day personallyly p'peared before ; me, an officer dmrly ,authorized to administer oaths and take acknosidenti ROME CAPITAL p of CoRpP wladcamliforn� corporation, s a General Partner of WINTER SPRINGS DEVELOPMENT JOINT' VEN a I"lorida general partnership, to me well known to be the person described in ,and who executed the foregoing instrument and he acknowledged before me that he ,executed the same for the purposes therein. expressed, onbehalf of the partnership. TIISI*SS my harmci an ficial se in the County and State last aforesaid, this dais of 1990. Notary Pax l My Commis s ExpirFgs- LC.fimAU OF m,» u00�YCOM " jwa s1 le 11 f J 10 /C/DAH 6786062AMD 06/22/90.3 Description: Seminole,FL Document-Book.Page 2243.1508 Page: 14 of 36 Order: 04044838 Comment: STATE OFIDA COUN"T"Y OF r I RMUBY CERTIFY that on this day personally appeared befo me, an officer duly authorized toadminister oaths and take acknowledgments* .TOY DeCAROr as Assistant Secretary of 'NOME � VITAL CORS"., a California corporation, which corporation isIrl General. Partner of WINTER SPRINGS DEVELOPMENT JOINTVENTURE, a g .,w Florida general partnership, to me well known to be the' person described in and who executed the foregoing instrument end he f"' acknowledged before me that he executed the same for the purposesr4 therein expressed, on behalf of the partnership. WITNESS my hand an ficial s in the ocnty19nd Staff g,,,,.,„, last aforesaid, this y of �� p yu o msc 244 omr�c4�+Nwswr.w,=j STATE OF F=1 q ; COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LEANNE M. GROVE, as Mayor and attested by MARY T. NORTON, as City Clerk of TEE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, to me well known to be the persons described in and who executed the foregoing Instrument and they acknowledged before me that they executed th same for the purposes therein expressed, on behalf of the . municipality. •.,. WITNESS my hand a ficial s m e County and last aforesaid, this ay os im ” rµ+, My Commission Expires: Mr copauMsm"ex"M asew4w"1�M "Mu&MUM A*"=rla 11 /C/DAH 6786062AMD G6/22/90.3 Description: seminole,FL Document-Book.Page 2243.1508 Page: 15 of 36 Order: 04044838 Comment: • w 1" " E c 01:: £ and R*Zen:iaa Arca C. ?VSC1+V�he Ul is 1 ec L= Ir acts As �� D� v s the Public Records p= �.,T tim" 1. re Carded in Plat Flcsioa. pages 32 and 1- o- � .e�- emi ole count). N cab .. m (Page 1 of 15) Description: Seminole,FL Document-Book.Page 2243.1508 Page: 16 of 36 Order: 04044838 Comment: LAFCM r' CeS� 1e' . ' Cw =� _ am . `recorded arp at of WLIte" ' . }r as le .r 6r Public P s o Plat r a+� . wt s;=irgs86'23'0500.. 41c the rtan of Floridar ryN- poulevard 282.85 feet .13036`55"W. 60.00 feet tO the P* t Of H� q . y�. worth �.yy y�yy pal' 'Winte�qr.�. r'��$pj'Fswy�p c aQvMrd beginjin on is worth right"Wq!. W � Qb I�r� righL""L✓r"w4Y (121" d11"r )r thence ,5.86'23"(15""W. a cave �«�-lins 217.85 feet to ,'drat Of ytVAtXW0 of a t"arly eas�'1)pr amus of 25.G6 feet; rM �ea» 580' N along the arc of said � 39.21 few tl�r� a r atwa] �of M---b . .s• CSA°',00"" to, the point Of �c�" on Las Last r'9ht-of�y riot--O� «g'a t �"' +cae 'IN.03-36"5a-6, said t .. way (OD, int of curvature of a caa.� ve u^ay � 90.78 feet rlY 1y Yaa a �.ius of 1893.55 fast: nat al angle o: 020 Zasterz long the � of said 84.25 feet 1a�e" run 32"57"" , a Point; thence. 1sa�3 id t 'i+gtat-of t .86`23"85"Z. 2717.83 feet t o a int Of 13 feta tcurvature�ce rats tcxlyr and having 40f.4�4 feet a r�� easterly along � �' Sit of �� nm 5.�.V22',14"E. angle of 62°1.4'41"" to the � foresaia � Ci�t"c'f�:r tsar: of 17.x.85 feet to a Wit'Wintar 4mijngs Boulevard, Said point theing on a CUcM =aCave 8 az-�h- x.;11„# and lig a racUus of 3.1785.92 feats thw= trom� Fafa�d" tMaripg rat"" 5.'62'1.6'07'14. . ran Vest ll«� 7�r a rftce a curve Anaalong said r'laerl rigdrat^of Point ofZai 91 g centralale of 04006'58"' to the 1.4112'_ acres. a a s p (Page 2 of 15) Description: Seminole,FL Document-Book.Page 2243.2508 Page: 17 of 36 Order: 04044838 comment: 61 rw rter, sprip;s foul,,* -p- 01 14' — 3 ur�)'T ljo—.hern k4 r,om 1h(. centerline Of Of W31, 'ER SPR r;C ly as shown in PIC b 7 L E , public re- vere hn�as recoit. Flat t>ook IE, Pages a I On; trte r" rGee FOUR Florida, run I" BE Vhente C Cores of SemllnOle County. i or Sprilno-S BOult"re 2. ri ght of wa�y CA Vwv. r er.le int on ,he ),or *h S , line .of wln'- to a po .,,t being On b I;.03 3 6.55 1W, 60.00 le"I boult.vare scie Poll[) 5 .R2 let%'# a f 5 e, V*nte r Sprl E tiny ne, havios a radius of ruin EasterlY Curve Concave tiortherlY a ing of ' herly right Of thence from a %angent bea. SIid Nor 010119 the' art Of said curve and al Ong angle Of D4 -06-5V 10 Let %hrouch A Central h rl, right Of way line 76 . Dl I ;ence leaving, said Nor,& e . vt- point ol. beginning*. t to the Point Of cur 'tite line, run 173-Er., feet ing a radius Of Way curve contave southwesterly and hav, arc of said %ure of a Y along ,he '& A 27A3 fes.. 1,henre run Northwesterl 83 1 4 # 1" to the 40.Z4 feet through 9 central.,angle.,Of feet to curve nCy; thence run 5 23'05 w�. 270-83 1 Y (80' point of -.,.anqi sterly right linj of mor kern Wt h Of w y er I Y End E'v'09 point onThe 14 on t, curve tOnreve Eas'L a RIS) Said point being tanger,-, b zrl curve An radius of 180.3.55 fElt, hence from I d h ly along. the arc of said WOVSS"W. run Nort er of way line 50.0B feet through I hiong said Easterly righl. o0in_ , leaving said .. thence of 01130'56" to * 1D5,E. 267- 96 feet 'LO Central angle e run 1;.8612. ' erlY and ly r;oht Of way 'in & ConCaVe hwe" Eas'.er P. cury Sou-.heesterlY BIOng the Point 0 . curvature Of run i as 01 77.&2 feet; INA" central Engle of Z_ having b rb 6 � fee, through 1, Ce the arc of said -,,anpenCY*# thence run curve 113. 07 n 5, 1f1 22 83*14 the IPOiAt 0 id ljortherly right Of wa'y fee% %0 E ,point on the afOlre$5 ioin't being 0; a curve ri ule%,erd. said P fee%-, thence line 01 winter Springs BO -radius Of 1 Oeb -S2� Y along the a ve Nor-,,herl Y and having to run ue$-.erl conc of S .7937146"W. T of way line b tangent bearing r pt,i nL from id Vortbe I y ri Oh arc Of said curve End along of 02,38,21., -La through a Central .5 97 9 b c re I more or less. SO�.02 le*T. on%al"ing therein 0 Of beginning, (page 3 of 15) Description: Se-minole,FL Document-Book.Page 2243.1508 Page: 28 of 36 Order: 04044838 comment: rail„rC$13 PTI0rr_r PARCM '"1." 11roi the ccntarlrno lsntersoctl0n of wantor Soraagr ooulevard and aartharn woy, as shoran an tiro plat cif 4alntnr Springs 4anrt 4" racardad an frlat gook 10. r'aoa t 1 M-d 0. pu4313c uticards of Seminole county. lorlde$frun 40,03*36155"oa. along the contorTane ag Northern Wav 175.70 gent, t4reaoc ra.0fr*21"f15"G. 40,00 goat to a pager (in the L&AL rrgurt-of-voy tans of Worahora WAY, said paint rasing the point of curvstura Of a oefya concave, f saterlq$ sued lsavana a radius of 1$93,55 foot$ run tluaneo oarthorly along said rsoht-of-vav lane and alone the arc of sold curave 300.34 foot through a central snelo of 0f*21`34" to traa point of agannragn thanco continuo northerly ,trim the arc of sold curve 453.33 footthroy0h a central mato of l3*a31021$ thence run S.70' 32"10'l 151.01 foetr thence 4$.26*12"27"t. 203.35 foot to the South line at a '1la feint witch 1°lorrs9as Power and Light Company Kaaowrranta toanco $$."a4"05"'7 "$a. along said 9eut"t$r 3106 3611.001 fact Lao sold Oast rightof-way line of 4$oraharn 4$ay$ Omni r$.2f•72"SS't. a3ong I TUSCAtij=A PARCEL 15/PAPML I N DESC d' N.' MThat pwn of the MAP OF THE PHILLIP R. YOUNGE MANT, as N W recorded in flat Book 1,Pages 35 through 38 of the Public Records of in sn Seminole County and that part of Sections 5 and g,Township 21 South, P -- R.arn,ge 31 East, Seminole County,Florida, being described as follows: -n c„ VV0 ,.a Begun at the Northeast comer of said Section g,Township 21 South,Range 51 Wit, Seminole ole +County. Florida, thence run S 00124'55"E along the Fast lune of the Northeast I/4 of said Section.6,for a distance of 205.56 feet to the point of Intersections of the Noxiberly Right-of-Way line of the Lake Charian Branch of the SeaboW Coast line Railroad (100" with the Eamfly Right-of-Way line of the Black Hanunock Branch of Seaboard Coast lune Railroad, said Point of Intersection being,a point on a curve concave Northeasterly having, a radius of 799.85 feet and a chord bearing of N 49*0T35"W-, thence run Northwesterly along the arc of said curve and said Fasterly Right"-of-Way firm through a central angle of 08,111,08" for a distance of 114,27 f=t to a point on a curve concave Northeasterly having a radius of 651.23 feet anda chord bearing of N 2 *36'17"W; thence run along the are of said curve and said Easterly Right-of-Way lune thmug;h a central angle of 54'035'00"" for a distance of fn"0"40 feet; thence run lel'06121'38"R along said Easterly Right-of-Way liana for a 1540.55 feet; thence leaving said Easterly light-of-way line rcna 5 8 °, T27 E along the South Right-of-Way line of State Road No.434 (69 RM for a distance of 1 1.0 feet-, Ba nco run S 00ol1 1571"` J along the East line of the Southeast 1/4 of Section S. Township 21 South,Range 31 East for a dimnee of 1958.31 feet to the p0M OF BEG G. T0G Corntnence at the Northcast corner of Section g,Township 21 South, Range 311 East, Soxninole County,Florida, thence.tom S 00'2455"R along the past line of the Northeast 1/4 of said Sermon 8 for a distance of 205.5,6 feet to the Northerly Right-of-Way line of the lie Branch of the Seams Coast Line Railroad 100' ; thence run N 54"3457" along said Northerly Right-of-Way lune for a dnstance of 293,14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66115 6'09" W; thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way luta through a central angle of 4*44".1 mU' for a distance of 845"83 feet to the point of tangency, 1 s , (Page 5 of 15) Description: Seminole,FL Document-Dook.Page 2243.1508 Page: 20 of 36 Order: 04044838 comment: :USCA.WXLLh PARC&:. 35/PARCEL 1 thence run N 79918"14"" along said Northerly Rig t-of-Wli a for distanceof 691-26 fern to ft point of curvature of a cur ve +concave Southwesterly having a radius of 2612.019 feet,thence rain Northwesterly along the arc of said curve and said Northerly Right-of-' ay line through a cent angle of 11°46"38"for a distance of 536.92 feet td'the paint of w tangency, thence matt S 8$05'5"018"W along said Northerly Right-of-'may m Une for a distance of 96AB feet to the Easterly Right-of-Wa,y line of eas Proposed Vistawilla Drive and a point on a curve concave Southeasterly having a radius of 4601.0101 feat and a chord bearing of N 44*53" 8" El � thence run Northeasterly along the arc of said curve and said Easterly —C ro� Right-ofMay line d=ugb a central angle of 6' QwC I8"" for a distance of r �v 554.011 fact to the point of reverse curvat=Of a curve concave O° Northwesterly having a radius of 790.00 feet and a chord hearing of N 44°501"501"E, thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 69105'33" for a distance of 952.65 feet to the POINT 01F BEG G: thence continue Northerly along said Easterly Right-of-"' "ay line And said curve having a. radius of 790.00 feet and a chord bearing of N 0150''22"51"E through a central angle of 0191501"25"for a distance of 135.68 Beet to a point of non- tangency; trance run°1+1r 016"109"16"E along, said Easterly Right-of-Way lime for a distance of 100-50 feet, thence runt N 09010'27"38" E along said Easterly Right-of-Way line for a distance of 214.99 feet to the point of curvature of a curve concave Southeasterly having a radius of 25.0101 feet, thence run Northeasterly along the arc of said curve through a central angle of 9011100"010"" for a distance of 39.27 feet; thence ran S 89'32'22" E along a. line that is 25.0101 feet South of and parallel with the South Right-of-'may lime of State Road 434 for a distance of 4014.53 feet,thence run N 0101127"38"E for a distance of 25.0101 feet to said South Rigbt-of- ay Brae, thence run S 9903222" E along said South Right-of-Way lie for a. distance of 639,86 feet to the West Right—of—Way line of the Black Hammock Branch of the Seaboard 0;oast Line Rai road, thence run S 016° 1"38"" along said West Rig"htwof-Way lute for a distance of 502.616 feet; thence leaving said West Right-of-Way line run N $91132`; 2"W for a distance of 1039.34 feet to the POINT OF BEGROUNG. TOGETHER VaMi: 0"onunence at the N'ort'heast korner of Section 8,Township 21 South,Ravage 31 East, Seminole County, Florida' thence runS 00124'55" E along theEast Brae of thc"trlortheast 1/4 sof said Section 8 for a distance of 2016.56 feet to the Northerly Right-of-Way line of the Lake Cbam Branch of the Scaboard hast line Railroad (10101"Rte, thence run N 54°34"57" W along said Northerly Ri&-of-Way line for a distance of 293.14 feet to a. " (Page 6 of 15) Description: seminole,FL Document-Book.Page 2243.1508 Page: 21 of 36 Order: 04044838 Comment: i =scax:--tA rmcrm ;S/raJ1cry point on a curve concave Southwesterly having a radius of 1959.19 feet and. chord bCaring of N 660509-W: thence run Northwesterly along. the are of said curve grad said l ortherly light-,of-Wa lane tbrou� a central N a e e of 24 '44"1 oil for a dist. -1ce of 845.83 feet ter the ;� �iue�t of tara�cr�or � " tofW 'a liras for a .v- thence run l� 79"18"14 "� along said Northerly l�i�h �` distance of 6" 1.26 feet to the point of curvature of a core concave w � dicta c southwesterly 6 ha, a radius of 2612.(19 feet;thence run Northwesterl M — I along a aroyof said curve and said Northerly light-of-IA?ay line through a L. cr ' � central angle of 11"46"38""for a distance of 536.92 feet to the point of tan erncy, thence tttn S 88'55"C8°"" along said Northerly Right-of"-"' "a1" coo line for a distance of 178.1 l to the Westerly Right-of-W23'23' large of ly Proposed Vista^'�i a !)rave,thence run N lfl"23"1 "" along said asst f Right-of..° "ay line.for a distance of 16 3 f set t i.o The� feet,oint � Brace of a curve concave Southeasterly having along a arc of said ett grad said Westerly 1 a8'ht-of-WZY line through a oint Of' central angle of 69'"OV18"'form�v leo 6a50.3r6feet ly having the medius of reverse ourature of a curve �� thence 71 of 1"°l '"5d"55thenceantra 7'1(l. feet and a chord bearing lint heasterly along n an le of 1c of 457 for curve a d�to ee of Westerly -of lie through ace 8 the P 3NT OF BEG G«thence leaving said WesterlyRight-cd"Way 04 lane run �yy'.l�yy a ru N 8 39,4 " for a d smna a of 2e,for250.00 f`eer, thencdismnca Of e r`an feet" thence curt thence run lel 700 "59"" N ooc,07"21"" E for a distance of 1 1. feet, for a distance of 2597 feet; t-o ay"' of State Road leo"43 fl" of 400,00 feet to the 8 ht-of-Way lane for a �, thCure run S 89"52'39°"E aloe* said South Rtg cl�as of 158t1.Clf?feed tlaeance cur's S 89c32"22", 13 along said South Rigltt- of-Wa lane for a distance of 611.08 feeastt. �ara� f 25ce lea w. feet;then ing said South Brunt of-,Way Large S 27 38 W for a d South S« S9°S2" .2"" � of a line r s� of 395 HCl feet o t00 feet Soutb of and� t o arallcl, wit � of Right-of a curve conca�yc Southwesterly having a radius th� run Southeasterly alarm the arc of said curve 8 along 90 00"' �' fora distance clad�e of Propos27 feet; e is;ta Drive foce run S 00127'38"'ur a distance the Westerly 8 of 214.95t feet, thence run S 05"1500"'B algia said aWesterly s curve rlyRiht-o . ay e for a distance of 100.50 feet to a p Northwesterly having a radius of 710.00 feet and a chord o f said curve and of 6, S 32126'56"W. thence rata Southwesterly along the said Rigbt-o Way litre through a central angle of 63°58"51`° for a distance of 792.79 feet to the POINT OF BEGMNII`1G. Together containing a total of 66.968 acres amore or less and being subject to 2 ny rights-of-way, restrictions.and ease ntnts of record. (Page 7 of 15) Description: seminole,FL Document-gook.Page 2243.1508 Page: 22 of 36 Order: 04044838 comment: SUSCMZLLA PARCEL 1S/PARCEL 2 IES TION. i That part of the MAP OF THE FHnJ-r-P R. YONGE GRANT. as recorded #**3 in flat Book 1. Rages 35 through 38 of the Public Records of Seminole n�a County and that part of Section S,"Township 21 South. Range 31 East, F, eC„ Seminole County,Florida,being described as follows:, F „" Commence at the Northeast conger of Section 8,Township reship 21 South,Range P — �U 1 East, Seminole County, Florida, thence run S 0012455"E along the East lune of the Northeast 114 of said Section 8 for a distance of 205.56 feet o to the Northerly Rigbt-of-Way Sime of the Lake Charm Branch of the Seaboard Coast Line Railroad (Tool ;thence harm N 54034*57" W along said Northerly Rigbi-o "ay lune for a distnee of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66'$6'89"W; thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way lune through a central angle of 24`44"l fl" for a distance of 845.83 feet to the point of tangency thence run N 79111814"W along said Northerly Right-of-Way line for a distance of 162.82 feet to the POINT"OF EFS G,- thence continue N 79°1.814"' W along said Northerly Rigbt-o "' Jay line for a distance of 528.44 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.49 feet* thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way lune through ao central angle of 11046'38" for a distance of 536.92 feet to the point of tangency; tbetncce ran S 89'55'08"W along said Northerly Right-of-Way lune for a distance of 96.48 feet to the Easterly Right-of-Way Jim of Proposed Vistawilla Drive and a point tura a curve concave Southeasterly having a radius of 460.00 feet and a chord big of N 44°5328"E therm run Northeasterly along the are of said curve and said Easterly Right-of-WHY lure through a central jI angle of 69* 1'18"for a distance of 554.41 feet to the point,of reverse ctuvat um of a curve concave Northwesterly having a radius of 790.00 feet and a chordbearing of N 44150'50"Et thence run Northeasterly along the arc of said curve and saidEasterly Right-of-Way lune through a cent-4 angle of 69 45"33" for a distance of 952,65 to az point of non 8 ncy; thence leaving said terly Right of-W ay line run S 89°32"22" E along, a mora-radial lune for a distance of 1439"34 feet to the Westerly Right-of-Way line of the Black-Harrnrnorl:Branch of the ;Seaboard Coastline Railroad; thence run S 06 21":38"W along said Westerly Right-of-'may line for a distance of 525.94 feet to the point of curvature of a curve concave "Westerly ha;r' g a radius of 552.67 feet and a ,chord bearing of S 12"32"48"W; thence run Southwesterly along the arc of said curve and said Westerly Right-of-Way line through a Central angle of 12`22"20"° for' a distance of 119.34 feet to a point on a curve concave Northwesterly (Page 8 of 15) Description: Seminole,FL Document-Book.Page 2243.1508 Page: 23 of 36 Order: 04044838 comment: P 7USCAW21,LA PARCEL 15/PARCEL 2 ' having a radius of 656.13 feet and a chord bearing of S 51'l2'30 W; thence taut Southwesterly along the are of said curve and said Westerly Right-of-'qday line through a central angle of 7'7002'04"for a distance of 882.17 feet to a point on a carve concave Northerly having a radius of ^, 799,85 feet and a chord bearing of N 8502.1"14""W, thenbc run �+ Northwesterly along the arc of said curve and said Westerly Right-of'-"Way lime and along the arc of said curve through a central angle of 1210559" t`' for a distance of 168.91 feet to the Point of Intersection of said Westerly Right-of-Way line with the Northerly Right-of-"Way line of said LaKc C to Charter Branch of the Seaboard Coastline Railroad Rigbt-of- `ay and the POINT OF BEGINNING. -- TOGETHER WITH: Commence at the Northeast corner of Section 8,Township 2I South, Range 31 East, Seminole County, Florida; thence run,S 00*24"55"E along the East line of the Northeast 11"4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the a Charm Branch of the Seaboard Coast line Railroad (100'R/W), thence run N 54°34"57" °W" along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave So'uffiwesterly having a radius of 1959.19 feet and a chord bearing of N 66°56"09''W; thence meet Northwesterly along the are of said curve and said Northerly Right-of-Way line through a central angle of 24°441 V'for a distance of 845.83 feet to the point of tangenc t thence = N 79'18'1.4""W along said Northerly Right-of-Way line for a. distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet, thou" run Northwesterly along the arc of said curve and said Northerly Right-of-Way line through a rural angle of 11*4638"for a distance of 536.92 feet to the point of tangenc?y, theaace rain, S 88*'55'08"W along said Northerly R:igbt-o-Way line for a distance of 178.11 feet to the Westerly Right f-Way line of Proposed Vista Drive and the POINT O B IN t , thence ruga N 1011,23'19" E along said Westerly Rigbt-of-"Wale lane for a distance of 16.23 feet to the point of curvature of a carve concave Southeasterly having a radius of 54=1.00 feet, thence ran Northeasterly along the arc of said curve and said"Westerly light-of-Way line through a cenu-4 angle sof 691100"18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly h=aving a radius of 710.00 feet and a chord bearing,of N 71'5455" E; thence run Northeastdrl ►along, the arc of said curve and said Westerly l ghat-oof-Way line through a central angle of 14°57"27 fora.distance of 185.33 feet; thence leaving said Westerly Rigbt- of-"'may lure run N 30"22'39"W along a non-radial Tina for a distance of 356.04 feet, thence run N 89x52'39"W for a distance of 3675 feeet more (Page 9 of 1s) Description: Seminole,FL Document-Book.Page 2243.1508 Page: 24 of 36 Order: 04044838 comment: 4USCANIL:A RJ.R=S I5/PARCEL 2 or less to the centerline of Howell Creel;thence run southerly ;along,the I centerline of Howell Creek for a distance of 1050 feet More or less to the Northerly sight-ofWay lie of Lake Chann Branch of the Seaboard Coastline Railroad; thence parr N 88055'08"E along said Might-off-Wray line for ax distance of 3153 feet more or less to the POINT OFeft N r,a To Sether containing a total of 104.0 Bores more or less and being subject to A `"' any right-of-way„restrictions and easernents of record. _ iCa w (Page 10 of 15) Description: Seminole,FL Document-Book.Page 2243.1508 Page: 25 of 36 Order: 04044838 Comment: � 1 AUSCAW—.LIA PARCEL 25/PAR= 3 DESCRI]MON: That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded N in Plat hook 1, Pages 35 through 38 of the Public Records of Seminole County,Florida,being described as follows: �+"+ r Commence at the Southeast corner of Section 8,'To hip 21 South.,Range o 31 Wit,SenAnole County, Florida,.thence run S 00°24`55"E along the cn East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet � to Northerly Right-of'-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100" ', thence run, N 54*34'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66*56'09"'W; thence a rune Northwesterly along the arc of said curve and ,said Northerly R.ightwof"Way line through a cental angle of 24°44'10" for a distance of 845.83 feet to the point of tangency, thence run N 79°18'14"W along said Northerly Right-of-Way line for a distance of 691.26 feet to the point of curvature of'a curve concave ;Southwesterly having,a radius of 2612,09 feet thence run Northwesterly along the arc of said curve and said Northerly Right-of"-Way line through a cent-al angle of 11 x"46"38"for a distance of 536.92 feet to the point of tangency; thence run S 8815508"W along said Northerly Right-of-Way line fora distance of 178.11 feet to the Westerly Right-of-Way line of Vistawilb Drive, thence run N 1.0123`15" E along said Westerly Right- of-Way litre for a distance of 16.231 feet to the Poiret of curvature of a curve concave Southeasterly leaving a radius of 540.00 feet; thence ran Northeasterly along the arc of saidcurve and said Westerly Right-of-Way line through a central, angle of 69"00'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Nortltwesterly having a t°adius of 710.00 feet and a word bearing of N 71°54"55"E, thence rare Northeasterly along the arc of said curve and said "Westerly Right-of-Way line through a central angle of 1415722"for a distance of 185.33 feet; thence leaving said Westerly Right-of-Way line run Nf 30122'39" W along a. Iron-radial line for a distance of 356.04 feet. thence nm N 89*52'39"'° for a distanrz of 2250.00 feet to the POINT OF BEGINNING; thence rpt. N 00107'21"E for a distance of 100.00 feet; thence run N 47*03'59" E for a distance of 292.95 feet-, them run N 00107"21" E for a distance of 190.00 feet: thence run N 89°52'39"W for a distance of 311,14 feet; thende run N 00°07'21" E for a distance of 210.00 feet to the South Right- of..Wjy lime of State Road No.434 (60' t thence run.N 89'52'39" W along said South Right-of-Way Bare for a distance of 522.20 feet; thence run S 89°3214" W along said South R.igbt-of-Way lisle for a distance of 850 feet more or less to the centerline of with Howell Creek: thence run (Page 11 of 3.5) s Description: Seminole,FL Document-Book.Page 2243.2508 Page: 26 of 36 order: 04044838 comment: TOSCAfiIUA PARCEL 15/PARCEL. 3 a' Southerly along the centerline,of Howell Creek for a dimnce of 950 feet more or less to a point in said centerline of Howell Creek lying N 89115T39"W"a distance of 142 Feet more or less from the POINT OF BEGINNING;thence run S 89'52'39"B for a distance of 3425 feet more or Doss to the POINT OF BEGINNING. ops Containing 25.2 acres more or less and being subject to any right-of-way. � restrictions and easements of record. R, CID w CIO d a i (Peae 12 of 7;I Description: Seminole,FL Document-Book.Page 2243.1508 Page: 27 of 36 Order: 04044838 Comment: :VSCAW1LLA PARCEL 15/BnRCEL 4 DESCRIPTION: That part of the MAP OF THE PHlLLIP R. YONG E GRANT, as recorded in Plat Book 1. Pages 35 through 38 of the Public Records of Seminole ev County, Florida,being described as follow: �Corntnence at the Southeast coater of Section ,Township 21 'South,Range w :- 31 FAst, Seminole County, Florida, thence run S Ooc'24'55" E along the m East line of the Northeast 114 of said Section 8 for a distance of 205.56 feet who to flee Northerly If~i gln( of l ay lune of the Lal~a Charm Branch of the � c„ -Ord Seaboard Coast Line Railroad (109 $ thence ruts N 54034'57'" ' CA C' along said Northerly Right-of-Way lite for a distance of 293.14 feet to a Point on a curare concave Southwesterly having a radius of 1959.19 feet and a chord bearing of lel 66*56'09"°"fit thence run Northwester)y along the arc of said curve and said Northerly flight-of-Way line through a central angle of 24044"10" for a distance of 845.83 fezt to the point of tangency, thence run N 79*1814"W along said Northerly Right-of-Way line for a distance of 691. 6 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet, thence run Northwesterly along the arc of said curve and said Northerly Right»of-Way line through a central angle of 1.1°04638" for a distance of 536.92 feet to the point of tangency; thence run S 88i055'08"W along said Northerly Right-of-Way line for a distance of 178.11 feet to the Westerly Right-of-Way line of Prognosed Vistawilla Drive; thence run N 10"23'19" E along said Westerly Right-of-Way line fora distance of 15,23 feet to the point of curvature of a curve concave Southeasterly leaving a radius of 540J0 feet; thence run Northeasterly along the arc of said curve and said Westerly ;bight-of-Wag+ ;lune through a central angle of 69*'00'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly graving a radius of 710.00 feet and a chord bearing of N 7105455" E; thence rare Northeasterly along the arc of said carve and said Westerly Right-of-W2Y line through a central angle of 14157'22" for a distance of 185.33 feet; thence leaving said` J"esterly Right-of-Way line run N3f1' "S '" along a non-radial lune for a distance of 356.04 feet, the rust N *,5T 99"W for a distance of 22:50. feet thence run N 00007'21" E for a distance of 100.00 feet; thence rare N 47"113'59"'E for a distance of 292,95 feet, thence run N 00"07" 1"'B for a distance of 190-00 feet to the POINT OF BEGINNING; thence continue N 00'117121"E for a distance of 210. feet; thence run N 89'052'39"" along the South Right-of-Way lune of State Road 434 (69" for a distance of 311.14 feet;thence run S C 0*07"21" W for a distance of 210.00 feet; thence run S 89152739" l for a distance of 311.14 feet to the POINT CP BEGINNING. Coxntaitung 1.501 acres more or less and "being subject to any rights-of- ay", restrictions and easements of record. (Page 13 of 15) Description: semino2e,FL Document-Book.Page 2243.1508 Page: 28 of 36 Order: 04044838 Comment: G PA=ELS '15 and ( ) a.a 4w uq of lllp.�. Y ZO C. t in h: CO All tbrmoff" a iac °Le as of 'mole R as pat-don of t.1/4 of. Iwost and a t 1/4 of-Saactloo 11, To hip.21 Sroa�ath acre us 'ocx o nty. M l* th or sx— +13 . (old S.R.5.R. � c 1Cbwm arana of tjs Coact karma C" 419); North Of tW "ske plat sook 6. Par- 39 or the Ptahlic of Set"'scaole County' Florida, t Ra tt,w�1 f V4�ay� for IBlock do ck By onch� of the S.C.L. Roil rood. All together eontoining 278.322 acres more or less. (Page 14 of 15) Description: Seminole,FL Document-Book.Page 2243.1508 Page: 29 of 36 Order: 04044838 Comment: * PROM=LAM N N ht it yrp r r y DF.SCP✓pTioN Lott 1 �snc . S "ot I A. D.R. ll"f`CIiL-LL'S , VC�t" fly[ Talra of LEVY %I e, GRANT P hl c Records according to 1119 Plat rccorticN in Plat Fool I. 1'�,c . . oi- Seminole County. Florida. Containing 20.7 acres mnre or Ices. m i CA y (Page 15 of 15) Description: Seminole,FL Document-Book.Page 2243.2508 Page: 30 of 36 Order: 04044838 Comment: i a EXHIBIT "B" PERMITTED COMKMC—IAL TJGES �. The following uses are permitted in the Tuscawilla PUD: N a. Administrative public buildingal b. Advertising agencies; C. Alcoholic beverage sales (package); d. Alcoholic beverage, on-premises consumption, provid d w food is also served; e. Alterations and tailoring, shop, s and services; r f. Antique anti gift shop; q. Appliances, sales and service; m h. Artists studios; L. Attorneys; J. Automotive accessories sales; k. Bakery, retail; 1. Bathroom accessories; M. Bicycles, sales and service; n. Bookstores, stationery, newsstands; o. Bookkeepers; provided either (i) no building may be p. Bowling alle,ya, p 260) feet to located nearer than two hunai.reci fifty any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential property within the Tuscawi'lla PUD; q. Butcher shop, retail only; r. Carpets, rugs and linoleuml s» Car wash, automated and enclosed, similar to Shiners and those associated with gasoline service stations,; t. Churches; U. Cleaners; v. Coin dealers; .. W. Computers, hardware and software sales and aervice; x. Confectionary and ice cream stores; Y. convenidence stores and markets, including those which sell gasoline, provided gasoline PumPs shallot be located within two hundred fifty ('2'60) ofy" residential property 'line; ea Dance and music studios; aa. 'Day nurseries, kindergartens and day care; ab. Drug and sundry steres; ac. Employment agencies; ad. Financial institutions, banks, savings and 'loan; ae. Florist and gift shops; af. Pull and self including thosestations providing mechanical. major oil companies), ina�luding repair service, car washes and convenience stores# provided these are located adjacent to State Roam 434 ;and, no gasoline tanks are located within two hundred fifty (250) feet of any residential property line; 1 C/BJM 6766062PCU 07/30/90.1 Description: semi.nole,FL Document-Book.Page 2243.1508 Page: 31 of 36 Order: 04044838 comment: ag. Furniture, retails ah. Grocers, retail; those whose business include and are limited to the retail sale of groceries including produce, meats and household goods, but shall not include the sale of gasoline; ai. Hardware stores; aj. Health food; ak. Hubby and craft shops; al. Hospitals and nursing homes; �„ am. lee, retail, where associated with another permitted 4W- use; c tis an. Insurance; Vn r' fi ao. Interior decorating and draperies; o Y ap. Jewelry stores; cit aq. Libraries;. !- p- ar. Loan companies; Co as. Locksmiths; at. Luggage shops; . au. Medical clinics and laboratories; ay. Outdoor advertising signs sales offices; aw. Paint store; ax. Parking garages when associated with another permitted use,- ay. se;ay. Pets shops and grooming; az. Photographic studios; . ba. Physical fitness and health clubs; bb. Post office; be. Private clubs and lodges; bd. Quick printers; be. Radio and T7 broadcasting studios, excluding towers; bf. Radio, TV, video and stereo sales and. service; bg. Rental shops; bh. Regulated professions, offices and professions licensed and regulated by the de artmeaant.of professional regulation pursuant to l'°.H. Ch. 455 and y.S. 620.89■ as now existing or as hereafter amended; bi. Restaurants; bj. Schools, public, private and parochial, service vocational acbools (such as cosmetology, medical and dental assistant's training) requiring no mechanical equipment; bk. Shoe repair shops; bl. Skating rinks, provided either (i) no 'building may be located nearer than two hundred, fifty (250) feet .from. any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential proerty within the "Tus+cawilla PUD; bis. Sporting goods, reta�l, ,such as Sports Unlimited, Sports Authority, Oshman's, Robby s and specialty sporting goods stores; bn. swimming ,)cools; sales, service and supplies and 2 C/8JM 6786062PCU 07/30/90.1 Description: Seminole,FL Document-Book.Page 2243.1508 Page: 32 of 36 order: 04044838 Comment: contractors associated therewith; bo.. Taxidermists; bp. Telephone business office and exchanges; bq. Theaters, not drive-ins; br. Title companies; bs. Tobacco shopss bt. Toy stores= sv bu. Travel agencies; sv bv. Wearing apparel stores; '� bw. Hairstylist, 'barber shops, beauty shops; r; CO bx. Musical instruments, sales and service; m by. Record stores, music stores; o bz. Optical services and sales; ,, c CA* Camera shops, Photographic s+cores, Photo developers3 ..2 7•i cb. Party supplies and services; v cc. Doctors, Dentists; cd. Department stores and clothing stores, such as Burdincs, Iveys, Jordan Marsh, Ross, Marshalls, K-Mart, Wal--Mart, Target, Service Merchandise; ce. Fast food restaurants, including drive-through services; cf. Specialty groceries and foods, such as Petty's, Barney's, delicatessens; Cg. Office buildings and office parks, general; ch. New car dealerships and customary associated services; ci. Tire stores and services customarily associated therewith, such as Firestone, Goodyear, Allied Discount Tires, Sears, K-Mart; cj. Automotive services, specialized such as oil change and tune up centers; ck. Boat sales and services (new), including customarily associated services; cl. Retail sales: Building and Plumbing supplies, including those associated with hardware stores, such as Tru-Value, Ace, Scotty's, Randy Dam's, Builders Square, Rome Depot, etc.; CM. Cabinet sales, retails cn. Cold storage and frozen food lockers when used in conjunction with a primary use such as grocery, restaurant and similar uses; co. Manufacturing and assembly of scientific and optical precision instruments; . CP* Now recreational vehicle dealerships and customarily associated services uses; cq. Roofing, retail sales, when associated with another permitted use; cr. Mini-Warehouses and storage; 3 CIBJM 6786062PCU 07/30/90.1 Description: Seminole,FL Document-Book.Page 2243.1508 Page: 33 of 36 order: 04044838 Comment: cs. pest control and exterminating services, offices, no chemical storage ct. Nursery products and suupplies, plants, trees and associaited used, including stores such as Frank's Nursery, shite Rose, etc., not including manufactur g and wholesale distribution of bulk terialal a° cu. Rome improvement stores, such as Scotty's, Builder'sts °- lguare, Home Depot; and cv. Video stores, sales and rentals. 2. The parties agree that intended uses hereunder include tho''e cn normally associated with retail commercial areas and shopping centers. it: is the intent of the parties that this list is not all inclusive of permitted Commercial uses, provided that additional Commercial uses shall be subject to the appzoval of the City commission. The uses hereunder may be freestanding or part of an attached shopping center. i P r u 4 C/AJM 67e606 2PCQ 07/30/90.1 Description: Seminole,FL Document-Book.Page 2243.1508 Page: 34 of 36 Order: 04044838 Comment: 1V -- Lake JcssV hs �s- C.0 F" a� cn €; LAND USE Em SINOLERkm IM Mum PAM hard +►. ROAD RJO-W. PARS 0 6"e a w PARM 61 PRO P TUSCAWI U A P.U.D. SDRMS I PMENT JOINT VENTXIRE Description: Seminole,FL Document-Book.Page 2243,1508 Page: 35 of 36 Order: 04044838 Comment: .:, w„ .•.*:w..,.^.Awer.�+ V A sw�•M MM1�3LLlitS+ds-�Ym..lOQJYVO RWGIVNIO„ � .�"...�.'. i” A CIS . d ell i !'1 As all Ig , a f�I1i " LLS Cr �- � 1f ' Z7, illy- Description: Seminole,FL Document-Book.Page 2243.1508 Page: 36 of 36 Order: 04044838 Comment: - -- Vow w , z n MELD= WG " fV O-n This DEVELOPMENT AGREEMENT by and between Robert Yeager, TRUS called"Property Owned'}and the City ofWinter Springs,a Florida municipal corporation o a 0M-ernK6'eq rad"the City")is entered into pursuant to City Code,and is intended to constitute i iCn � i tl6property described herein. This Agroamxnt is based on the following premises: Vis„� al property described herein as Parcel 1B of Tract 15 of the Tuscawilla P.U.D.,further de bed dA "A"attached hereto is located within the City limits of the City; and � ,� w , Whereas, the real propel rabjct to certain land development regulations of the City, including the"S.R.434 Corridor �'isiaaq,Cit w Development Area"(Ordinance No. 675 of the -L * -r O City);and C.3 Cr,.t Whereas,the real property is subject t taa �ement.Agreement set forth in Ordinance 489 _n ,n - - and recorded at Official Records Book 2277,pages 1146` SY,Public Records of Seminole County,Florida(hereinafter call"the Settlement Agreernert"aaho, I Whereas, parties concur that this Agreement deals with UiPe from the issues addressed in said Settlement Agreement,and this " ' Agr Agreement should lx c+ rtrµe�d,as consistent with m �� s ca IM — o the said Se#esn Ient Agreement,and in the event of conflict between the terms oj"t Cllr ; '"hnt and o re the Settlement Agreement,the Settlement Agreement shall prevail;and Whereas,this property has received a Certificate of Vested Rights Special Permit,` gh pec Use . 'cbaxr w iii� the City on August 4, 1993,which is in full force and effect,and this Agreement shall not taus oto affect the vesting status of this property;and _. ' _ 74IN 111219 IIIZ NUNN WMreas, the City agrees that Parol IB of Tract 15 of the T"uscawilla P.U.D. may be CA ext Ci subdivided and developed into a maximum of five(5)parcels platted as provided by law;and Whereas,an appIlication for final1 `ng approval and permit was submitted to the Cit rF- 7� Y A t+t 7 poor t�� ie'adoption of Ordinance No. 675 for one parcel located at the 0 corner of the in tt1 fLLVstswilla Drive and State Road 434 (hereinafter can the Hess Site, u depicted in N �� t« i and Property Owner and City agree that this Development Agreement »r should add `1', 0 issues relating to development of said Hes:site;and 'J Whereas,� "�45'll and 20-459 of Ordinance No.675,the"S.R.434 Corridor Vision Plan:New Dev�dopmeit prop a for a Development Agreement for real property such as that described on Exhibit "A" an a finding that the site is constrained, and extra � n development sial , is are prove d t we#roperty Owner to preclude or mitigate against any impacts upon abutting properties or the SA'434 ardor;and, Whereas, the City Commission of the dtk,of Winter Springs finds that the real property described in this Agreement is constrained by width, p roe tj Mwater retention areas to the rear of the property, and by wetlands;and C JII Whereas,the City Commission funds that Property Owner iiaibliki68 q i not development concessions and enhancements on the real property described on E*bits" I authorize a Development Agreement for the Hess site described on Exhibit "B", attach4erelo f this reference incorporated herein;and . Whereas,in consideration for the City entering into this Agreement,the Property O+a rpm ".11 agreed to provide certain enhancements for the entire parcel (such as landscaping) and cem'II-') common design themes or criteria(a uniform ground mounted sign system for the individual parcels) � 2 07, n Now nMWORB,be it erg ed as follows: w 1. N = N oar The City and the Property Owner hereby agree that the foregoing premises are true usrny r r w p O c� 1 aproperty described on Exhibit "A"constitutes the entire prop subject subject to J th9, �� dry yr mt. A ro ids wt:v:±fir is�sv vi j } �f•:p d S av v',`w Z1L that certain is(such as enhanced landscaping and a six(b')food masonry wall along the rear i,We subject t property) and certain common design themes or criteria(a uniform ground rnount&ii" g ,for the site)are being proposed by the Property Owner mid wtepted by the City. . set forth herein,therefore,apply to the entire property(Exhibit"A"). °w 2.2 Such a specific implementing d'vb10 1M")agaeemeat is created for the Hess site bit�" in this � `� " �"�` gNhi ) Agreement. Certain develooa��d, �ations are being agreed to by and between the Property Owner and the City as the ""a" oving certain aspects of development of the Hess site. 2.3 Where no requirements concerning a development issue are�f��t r i ,this agreement for the real property described on Exhibit"A"or Exhibit "B",then the t s forth in the "State Road 434 Corridor Vision Plan: New Development Area" sl main 'ds shall°:first Apply,and if no standards exist in said ordinance,then other applicable City Code parva (Crus) shall govern development of the property. 3 2.4 This Agremmit does not and cannot exempt any real properly from compl with state or local law or ordinances relating to platting, awirotnYsetttal penniniM wetlands W � cera tions,stormwate",or Other matters nor any development issues not directly addressail CI) rl ,bthis Agreement. D i3 O c7 alii The o. � � r �or any part of the real property described on Exhibit"A" shall be subject to the am r sd a� r er ^ apse Mrms■"A vin+ w�+#p .id ;.Ik 1ft .11•hr-xtr.A_�� -.o. _ .:_ z C P _ and additional width ares o rod by the Florida Department of Transportation(DOT)), as set forth on the Neater efo " 4 ,Oro for Tuscawilla Tract 15,Parcel 1-B(Sheets 2& 3), dated December 23, 1997, and rewn60 ,„ 23, 1998 and March 4, 1998, prepared by Bower- ," Singleton and Associates,Inc.(l -4'oc Mater Development Program), and on file with the Office of the City Clerk,Winter Springs, o 'The enhanced landscaping to be provided by and at the cost to the Property Owner per the tem an -cugitioas of the following: 3.1 The enhanced landscaping specified ed hereins�11" provided by the Property Owner or his heirs,assigns,successors,or agents,as a condition Wgf de itim r t of the property and at the time of" n of other site related improvements f+drkci4d4reated from the real property described on Exhibit "A"of this Agreement. 3.2 The Hess site described on Exhibit "B" shall be subje�i to arid� PH' �� the landscaping specifications ad forth on the Master Development Program, on Ille wlth Office of the City Clerk,Winter Springs Florida,as a Final Engineering Permit condition° r�r ° site development of said parcel. 4 .' �'f� 'rod "M' F J•.: 3.3 The City agrees that the &hmxd Woacgpigig Wpthw with a six foot masonry wall at or the rw(south)boundary of the property de=IW on Exhibit-A,'in the � aup Develop Pro the eo x� Property from the adjacent resaden c:a > to the south are acoeptable buffers,in consideration of the intent ofthe State Rog _, /43" " oarridor Vision Plan New Development Am Ordinance, constraints of the site ands C7% ' ~~ , c' on the surramding properties. , 3.4 ^pe and wall constriction plans shall be incorporated into the construction ohe Property Owner or his to instap the landscaping and six(6) masonry wap developed).agreed to and required by this Agreement shall be a breach of this M* ,'shallconstitute a basis authorizing of the City to withhold issuance of permits, of occupancy, until the landscaping and wall construction obligations imposed b thisac "rnent are fully complied with. 3.5 This Agreement obligates the I r Owner to install a meandering six(6)foot wide sidewalk along the State Road 434 front a sor, iO,property+as shown on the Master Development Program, The City acknowledges that thf, fp design depicted on Sheet 1 3 of the Master Development Program requires use ofD.O �aie'Agt 1434 right-of-way and modification of D.O.T. sidewalk placement and width r+ U, and therefore is subject to review and approval by the D.O.T. It shall be the Property � ition to obtain said approval with the cooperation and assistance of the City. Iiy tie this cannot be accomplished, p g the design shall be modified and all landscaping will be COrr �ru� : south of the roadt-of- ngh way within the Property Owner's property with the sidewalk paelngr constructed by F.D.O.T. � . 5 r ; PW ry ' 3.6 Retexttion ponds SW tat be comtnWW at a slope steeper than four(4)horizontal to one(1) vertical. 3.7 Property Owner agnea to comply with all landscaping requirenmAs of the SR 434 VisiNj o " g:- x a Plan otdbu=not specifically provided for in this Agreement. r n 4. a cin mut#'� by and between the City and the Property Owner the signage for the entire nrooerty ' Exhibit"A"a1tAl1 l,r_in arrrrei:nr:..,iri,►1,�d " :r...wi..—,.:4;—.:..... .L Master Developmart PO Sheets 2 and 3. 4.1 Aa to d4. on&nbit"A",the uniform design signage fronting on State Road 434 shall be that ii;, � height and design as set forth on Sheet 3 of the Master Development Program andnstructed by the Property Owner or successors in accordance with the City agrees to the number and placement of signs as depicted on Sheet 2 of the M N ."Deva„ejo dent Program. 4.2 As to the Hess site(Exhibit"B")the "tdiri ge and internal site signage shall bethat set forth on the uniform sign plan on file e4 A-1 (dated December 10, 1997)and Page. CE-1 (dated January 23, 199$)by M � q�� Architects and Planners. Building and internal site signage shall not exceed 193. *e! of copy space. Ground mounted sigmW shall not exceed a total of 110 square feet of c0' —60Y, e City acknowledges that the Hess site signage exceeds the square footage area lfrsw -tinder Ordinance No. 675 in Section 20-454 but permitted in Sections 20458 and 20-45 , r � 6 5.0 Scdmdm for Parcel I Qf la". The buWW setbacks for the Property described on Exhibit"A"shall be fifty(50)feet(except on 4k-9- o� N 5-9mHess site described on ExhNt"B")which shall be set back 49'6"from the adjacent right-of-way y r- r- of'StatiRoad 434 in moopition ofthe enhanced landscaping for said site. The setback for all o "w c O smou onthan ):!tall be twenty five(25)foet from the State Road 434 Right of and �(l'S from Vista Willa Drive. In the event of a default by the Property Owner in the 1;l*t1! ^'l Cl q1 1 rr" m4 to Trza Ill wr the ltiL�ies Deyelm* rr%eamm nr AiI��C to -- r-- roov------ -Cr .., -- maintain said n ,�°4,required by City Code, then the setbacks pursuant to City Code shall apply to said Tract or wreol" 6.0 The Property Owner has agreed that the building design for the Hess site is° Wto provide that the gran stripe around the building a m (generally parallel to the ground)will not bfit,,with artificial lighting. 7.0 TheProperty Owner agrees,that notwitltanding the land uses permitted in the Settletat°` t,no approval for a carwash shall be sought or property '� , gh permitted on the ro described on E�ehibit�: df a r ent.. � a 8.0 lV„ These shall be a mandatory Property Owner's Association responsible ara0*9n ing maintenance of the landscaping,roads,retention ponds,amenities and other common ar ,. rl 1 %�itir a a 9.0 trace Period/Timc to_Ctare. u„f In the event the City determines the Property Owner or Successor is not in compliance' iWh ih w Wu1scapinginstallation as required by this Agreement,or fails to maintain the landscaping as regi:'ked ` by City Code,the City shat!provide written notice of violation to the Property Owner of the subject 7 xv"r *�k �a� -r 00 �� JAM x — y '. Parcel orstatirs the specific nature of the violation and the corrective actions to be taken to acre . The Property Owner shall have thirty(30)days from receipt of said node in which to athe violation before the City can declare a defiult under this = cre N � <�'30,0 Pursuant:to the requiremew of state law,the parties acknowledge and agree. (a ; This Agreement shall be recorded in the public recQrdso <' 6" _„ at cost to the Property Owner and shall be a covenant running wid—theap `n l (b) Development issues shall be those permitted and controlled 1 (such as buil dai eight, 'teed uses, pad* requirements and other development standards by misting diy .Aluding Ordinance No.675 and the Settlement Agreement, ex as said site develo sept p� t'1e M w" ds are specifically modified herein. (c) AaA==wQo i wi 6iihensive Plan, The City commission, and the local planning agency,have found that thdIWW usmand development proposed are consistent with the City's Comprehensive Plan. By entering-'i A t dlopment Agreement,the City Commission finds this Agreement consistent with tl �itr"s ptnprltensive.Plan. (d) m w The failure��s � �t to address a particular permit,condition,term or restriction shall not rehev " ` Owner of the *e necemity of complying with the law governing said permitting require �dtii�4 term or restriction. 8 NOW F1 11.0 Tllis Wounent my be a6med by parties to it by bringing action in the Court of proper judsdicfion-,3 to int=P et or enforce the provisions of this Agreement. Venue of anyMuch shall be in S `n ie C , � Florida. e � ry Thald�C all be recorded in the Public Records of Sentinole County,Florida and be binding tc t�h0im,„wassigns or suers to the Parties to this Agreement. DONtM ANIS AOPikD on this 13':o day of Am%%- 1998. pa ,fir a'!,��.. WITNESS "`" " PROPERTY OWNER: Ile M ,q • ROI3E4AGEUSTEE STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this�� N 1998 by Robert Yeager, as Trustee. He i AfTWUU 41rOTA . PUBLIC, STATE bi 0 A int My commission expires JULIE MMAN r Mr COWAMM I a NO% EMS.MrRMM g , Rawl T MMY Pdit UNNPNOM s d ry ti 9 .� a. "' A T: MY OF 0p w PAUL P.PARTYKA, Oli . CITY CLERK a , ISTATiOF FLORIDA : COtj�V OF 11 1 r1b -� -- O C3 =� P P.W ofthe MY WWwJmowkdvdbefore methis 1998,by O 1 of lwtw He is �.`to hu � .. P. p NOTARYPUB , OF FLo A P MYcommiWon wpm ANDREAcow l THIS INSTRUMENT PREPARED BY: �' ° •� w Robert D. Guthrie Kruppenbacher 6 Associates, P.A. p P.O. Box 3471 Orlando, FL 32801-3471 ; ` ,amu 10 mpp MAR 04 '96 O9a31AM KRUPPENBACHER & ASSC k if .. ti 111111 Mom, PARCEL l(PI otSCRIFTI a;NQ I�arlaanaa�ha o at the Hor+h1 it Cor-near of $actia k1. TOW"Ohl 21 Soh. -0 pence I tai.+. Ssrwl l as ouo+y. F l Or I daa. +hawnda rl.ra 9044-550 a a- + n " 31 Ems+ a Ing OT +h a Ialaww+hw + j /4 *4 sold Sealy+I a wr+ �I f arr ira ,d`,x+ 01 205- 4 + +c1 +raga Nor+ Iy fll hr#-o#^�1WOy Maser of +eat � �rT, Iraasr°rn IIr a Ohm S eaaboaxr-ad �tode+ I� 00 1114110`00d 1100' R/Ilrl v ✓ r rtch 14"ffi7" M aal ora l sinal as Maar+hs+"I y Rlgh+-o4-Woy If +ol�aae aaT 293 14 f os+ +aa p0I rr4 + cl eaa►rvs ("" 7� area+or I�1 Mw a+ N a 9 edd l uo 0 r X53.a"S N ear alongOnd + o kr4r(ar I r#3 O 6aaacrl+d r hew-aMY rel f a+bI Ianipllrwouam � om+rO� ,u er�p thVnC& run TH 'l1�"or a l6*I4'6 *longS+odld4 ++ IyoPl9h+ OT� N ., �t Maar ar dlar+asraaa �1 $91.26 roe+ +aa +he l�,ala"1+ sail a ,rrvaaa+arav lly14 1111, ,. of a "C r?o Oonoavo 'I�laully+woaa+ar'Iy omaIrwp raaadlsaw aaT :Ids1 .en �F4s+r l`jrar Iron ars+mrl 4l qAQ +no Oro *4a 4a'aa1 -wws *old I+CIr+Ivorly RI -d"�- k 11aMtrr +Clon1hr-aI d(� 110 seen 1144G'35" far as dIaa�(1 "�" r alone *old NortherlyR c�1'-� Imo►ne for Asa rwn £ 6dI ",i�bk� dls+QM04 wi a4 ,6 w IrSr4rf po+ tar +hdo � a on a R acrd w a concave h1l o4alvl I I 0and 1;aaaa+Maaam+mrd�+ I+aa�rl ,�„ o raa'+dlaso Of. 460•00 ^foo+ carw ar aahcard kaoaarlr►yo n4 Ia 44,53'25- + , t+o a ao rUm Nor+h000°+orl C,arrrg tho are c4 Sold 'Ourvea d gold �a� ��r� a+�I""�"�x-way+y I tr +hr* a oem+r�al aar�yl� aaT 69. y µa ai I wcrr aa'm a}� a w of 394. N 1+"oar+ +aa +hw PO l^+ 04 raw"as rso taararvO+ pro call' as wn1 00` p�rdrl+av+- "4D + iaS`II1 * tntz run 79O.00 #96+ avid a ad" kr�W" r+Ca .+h"gt rly along, 1140 �a"' Of goldoo +rol ws sand "would Edoo rIlP Rloh+-aa+'-woy IIme thr as can+rd ea IsCYFdTi366a 1N a + aI'l's+aaa acaw 04 Moss ss J oea +aa Flo fine and was l a! assays+irwo Naar+haorly aslong way1d744wr1y 111al10h+-O4-WOy a�vrve haaav i no as rardl uM Of 71II�.r ll3 Too+ da+laal al kraal-d r aar 11f o or ISI x03.22.51 ' C +heough 0 as n+r*aII«`;onO l 40 aa'f �194so°'�'3"' +" ea 56 1 0 o 94 133.69 "wase+ +aa as parts+ aa+ naarr-+ o ya +hnoar +r run 1+ i�b""I13'1 4 E of ono gold Eaaal+r00"l y I1 I�•al+ � I Ine +'w ra dIea+aanass cr9 1060.60 finea+a +his r^wm a+ anal-21� �" 1d Ear4+says l "+" of-way 1 lams far as dao+wido of aF�tr°' F *a+ +"o *he paaIm+ 0 01 cur^araa+area of ea curve Coraeov* ices/+hada +^ I having o r Baal co vs al Go-to +hence r� Hor+hsaa6+or l y L . r�� Ora ddl a�+aa�ea ab+ 0 aaaa r-aal angle of say 66 l a1" l Idt +'11a1k+ 'a 'SS6.2 Ioea+a +honclo rima IG 6}ll-"� "22 £�+ fi� �l *, � + o4-*Qy lima 23. +qy+ Souoh r e54 and paar as l 1st I#h +hail +C la haaarwco ra rya l+ 04 S+d+m M*agawd 434 +"a.4- m dies+ do 00404*"�� a1" " go-2T,35E +Iaaar` as dI0+QnQ# sari' 25.00 ^4Ow+ +aa •dasi�p� + aslpia+-�. 14aay llaaoa +hr4� ra�r. 6 691-32"22"' E 010mSl 4ela awdl+_II'Ia�+-��v-Iway liras far aw al1o+ O4 639.56 Tsaw+ +aa +Raw wraaaa l�h h"^aa4-ayar�r 1 Ins aa4 +l"rek RI aack Hammock Branch 44 +h►v 5"waaboord Gaaaa lt� 1no Ree 1,+ordaa of rvr* x76.21 •311` aw as1asnO eatold Weaa+ RIO, h�»aa'w a1%*rla lraaa' can 3D2.66 Taco+w -thano lea vino gold Rsa� �"a, n lad NR r liras rUni H 6I1-32.22` W for d dl$**nC* of i039.'�4,� POINT OF IanC"rINMINO. 1.r1:S a R10M+-Of—wraay far Eca.+off Wtwoper order* o+ +aliwla��a �Fl l md' May 0�. 1991 In O441clot pecaruds ROOK 2S9. I°"OV& 264= (.°-�� AND AL SCI LOSS a THE RIQHT OF Mor OF S.R. 434 45 DEFINED � a 1004 T44C OpOER Op Tait I No DATED MAPCH 24. 1994• In OTi 101 01 Record aar Boo#k 2�747_ pace 496. tuba 10 RwaorC• 04 � G Saalawl naa 1 o Caavn+y. Florida. � N'K1R 04 '98 09131AM 16 ASSC 4 I I3EINO A PORT44 Of LOT 18. PMLLJP R. VONM MMT, A3 RECORMINPLAY boax P AGE I, PAMS TYa At,, MM PA$t'nOJ �Y AM M AS FROM THIC MOST NORIWASTERLY CORNMOF A AS WXORM IN NST SW 4 , p & 'jTegaw OFOf COUNTY- A1. SM CORNIER ICINGMM T_OF"_IMA yUWOf S'T'ATE ROAD 434, AS A PONT k"MIN0. RUN SWW41st N.04 TK Y —WAY LM ONS „N O T "5w !` A IE OF 1""A�TIt 4+34 �' AT A DISTANCE OF I” "4I-IAS PAR VA'TIN TINE SCUTOMY T—OF-WAY LANE VATH THC � $AtTNi 434 A� TA"� L44. � � N rA� "" T^ ., At'" IN QF wTAwRUN A ",j wTHENCE ALONG Tw 4 —OF—WAY 4 E OF MSyA THE T"� G SE S ANO OISTAtNCft)0O6V$'5VE AI OISTAUFNCE Of 48.07 FEET TO A► POINT OF 11417MECTION AS IOWh "`00 5 , VI''S`TA VALLA SIE P AtTu TI INS NOO"28"4I3" OISTANCE OF 207.28 FEET TO' T Of MINNINCL CONTAINING .47 MORE OR LESS c. F a rrq x� n CD FROM 407-426-7767 -04-98 10:38 AM P13 s 21 +. . -"rte "� '.r.�..e�*�a�+�•"3' .`. �.�5s. .5 �a �,` � .. . a+ ..�s.r*e.�. ••-+�"+M-„�. #w � m�,�"M��" ,�=t�"'� _`"^