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HomeMy WebLinkAboutTab 40 Colonial Bank, N.A..pdfiiniuu111111111111111111111111111111111111A1111111111111 Prepared by and Return to: Katherine W. Latorre, Esq. Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 MARYANNE MORSEL CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 06313 Pgs 1924 — 1933, 110pgsi CLERK'S # 200E 108293 RECORDED 07/05/2006 0401124 PM RECORDING FEES 86.50 RECORDED BY H Bailey AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK, made and executed this 2411 day of J u N , 2006, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and COLONIAL BANK, N.A., a National Association ("Colonial Bank") whose address is 2127 West State Road 434, Longwood, Florida 32750. WITNESSETH WHEREAS, Colonial Bank is the owner of certain real property located within the City of Winter Springs, Florida, more particularly described herein ("Subject Property") by virtue of Warranty Deed recorded in Seminole County Official Record Book 05171, Page 1935; and WHEREAS, Colonial Bank desires to construct a commercial bank branch on the Subject Property; and WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel 1-C, and is subject to a Developer's Agreement for Tuscawilla Tract 15 Parcel I -C, which is recorded in Seminole County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and WHEREAS, as the successor in interest to the Subject Property, Colonial Bank's development of its commercial bank branch is bound by and subject to the terms of the Developer's Agreement; and WHEREAS, the City and Colonial Bank desire to amend said Developer's Agreement only with regard to the Subject Property to address the development of the Colonial Bank branch to be constructed on the Subject Property; and WHEREAS, Colonial Bank desires to convey a certain portion of the Subject Property to the City to facilitate the City's construction of a right -turn deceleration lane; and AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS / COLONIAL BANK, N.A. PAGE 1 OF 8 WHEREAS, in consideration for such conveyance, and pursuant to section 9-386.1 l of the City Code, the City desires to grant to Colonial Bank a reduction in the transportation impact fees assessed to Colonial Bank for the development of the Subject Property; and WHEREAS, the Developer's Agreement restricts the location of Colonial Bank's monument sign to a certain location on the Subject Property; and WHEREAS, the parties desire to amend the Developer's Agreement with regard to the location of the monument sign because the location designated for the monument sign has become impractical given Colonial Bank's impending conveyance of land to the City for the construction of the right -turn deceleration lane; and WHEREAS, the City and Colonial Bank desire to memorialize in writing their mutual understanding regarding certain aspects of the development of the property under the terms and conditions set forth in this Amendment to Developer's Agreement for Colonial Bank ("Agreement"); and WHEREAS, in addition to Colonial Bank's compliance with all provisions of the Developer's Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City and Colonial Bank desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Developer's Agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Agreement. 2.0 Authority, This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Su bjcct_Prnperi The Subject Property which is subject to, and bound by, the terms and conditions of this Agreement is legally described as follows: LOT 3, TUSCAWILLA TRACT 15 PARCEL 1-C, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH 32, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 4.0 Representations of Colonial Bank. Colonial Bank hereby represents and warrants to the City that Colonial Bank has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS / COLONIAL BANK, N.A. PAGE 2 OF 8 the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by Colonial Bank and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against Colonial Bank and the Subject Property in accordance with the terms and conditions of this Agreement. Colonial Bank represents it has voluntarily and willfully executed this Agreement for purposes of binding the Subject Property to the terms and conditions set forth in this Agreement. 5.0 Obligations and Commitments, 5.1 Right -Turn Deceleration Lane Property Conveyance. 5.1.1 Conveyance to City. Simultaneous to the execution of this Agreement, Colonial Bank shall, by way of separate warranty deed, convey to the City, a certain portion of the Subject Property totaling One Thousand Seven Hundred Fourteen and 09/100 square feet (1,714.09 square feet) forthe City to construct a right -turn deceleration lane from eastbound State Road 434 onto V istawilla Drive ("Deceleration Lane Property"). The Deceleration Lane Property is more particularly depicted and legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference. 5.1.2 Consideration. As consideration for Colonial Bank's conveyance of the Deceleration Lane Property to the City, the City shall, pursuant to section 9-386.11, Winter Springs City Code, grant a reduction in the transportation impact fees assessed to Colonial Bank for the Subject Property in the amount of Nineteen Thousand Nine Hundred Fifty -Two Dollars and 00/100 ($19,952.00). 5.2 Location ofMonument Sign, Pursuant to section 20-490, Winter Springs City Code, the City agrees to vary the signage restrictions by allowing Colonial Bank to erect one (1) monument sign on the Subject Property two feet (T) from the proposed north property line, as depicted and approved by the City Commission during its aesthetic review for Colonial Bank on April 24, 2006. The design and construction of Colonial Bank's monument sign shall otherwise comply with the provisions of section 3 of the Developer's Agreement and all other applicable City Codes including, but not limited to, section 20-470, Winter Springs City Code. 5.3 Building Signage. Pursuant to section 20-490, Winter Springs City Code, the City agrees to vary the building signage restrictions as follows: 5.3.1 Building Mounted Single Tenant Identification Sign. Colonial Bank shall erect one (1) building mounted single tenant identification sign on the AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS / COLONIAL BANK, N.A. PAGE 3 OF 8 Colonial Bank building. Said sign shall not exceed nineteen feet six inches (19' 6") in height when measured from the ground to the top of said sign. Further, said sign shall be consistent with the City Commission's approval during its aesthetic review for Colonial Bank on April 24, 2006. 5.3.2 Embossed Logo Signs. Colonial Bank shall erect two (2) embossed logo signs, which shall be incorporated into the architecture of the Colonial Bank building and which shall be consistent with the City Commission's approval during its aesthetic review for Colonial Bank on April 24, 2006. One (1) sign shall be located on the north/front of the building and one (1) sign shall be located on the south/rear on the building. Said signs shall not exceed forty-eight inches (48") in size. Further, the size of said signs shall not be included in the maximum copy area allowed for the building under section 20-470(4)(f), Winter Springs City Code. 6.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. 7.0 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. 9.0 Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Colonial Bank as to the subject matter hereof. 10.0 Severabifily. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 11.0 Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. 12.0 Recordation, This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. 13.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Colonial Bank is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS f COLONIAL BANK, N.A. PAGE 4 OF 8 persons or the public in any manner which would indicate any such relationship with the other. 14.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 15.0 City's Police Power. Colonial Bank agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 16.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 17.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 18.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity. 19.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Colonial Bank or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS / COLONIAL BANK, N.A. PAGE 5 OF 8 the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy, special exception, occupational license, or other permit of any kind whatsoever for any building or unit if Colonial Bank is in breach of any term or condition of this Agreement. 21.0 Continuing Effect of Developer's Agreement. All other provisions of the Developer's agreement not otherwise modified by this Agreement shall remain in full force and effect with respect to the Subject Property. IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement as of the date first written above. [EXECUTION PAGES FOLLOW] AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS / COLONIAL BANK, N.A. PAGE 6 OF 8 ATTEST: A AND A LORENZO-LUACES, City erk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Dated: By. Anthony A. Garganese, City Attorney for the City of Winter Springs CITY OF WINTER SPRING '1IlGv a Florida municipal corporative. , ..... , , , , `^ 4--'- JON F. BUSH, a ayor :' '• c7� �g AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS / COLONIAL BANK, N.A. PAGE 7 OF 8 WITNESSES: COLONIAL BANK, N.A. a National Association. v (Gcry rint Name: i�(�1[�lJI�Y2°. G. Hunt Dawkins, jo Area President/Retail Banking r� P A Name: STATE OF FLORIDA COUNTY OF 5 CM ; n a e, The foregoing instrument was acknowledged before me this day of 2006, by G. Hunt D pins, as Area PresidentCltetail Banking of Colonial Bank, .A., aNational Association, [ who is personally known to me or [ ] who has produced as identification. N , RY PURL , State of Florida My commission expires: r.., MELINDA J. BAKER ., MY COMMISSION # DO 2M1 ' R}, ry •' EXPIRES: January 29, 2068 Borneo Thru Notary PwFpc ur&njruerr AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK CITY OF WINTER SPRINGS / COLONIAL BANK, N.A. PAGE 8 OF 8 LEGAL DESCRIPTION THIS IS NOT A SURVEY LEGAL DESCRIP7701V EXH IEVT A 57R?IP OF LAND BEING A PORTION OF LOT 3, 7USCAWILLA TRACT 15 PARCEL 1-C, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 56, PAGES 29 THROUGH 32, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 3 FOR A POINT OF BEGINNING; THENCE RUN SOUTH 89 49'07" EAST, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 210.69 FEET TO THE NORTHEAST CORNER OF SAID LOT 3,- THENCE RUN SOUTH 007738" WEST, ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 26.40 FEET, THENCE, DEPARTING SAID EAST LINE, RUN NORTH 4572'03" WEST, 27.26 FEET* THENCE RUN NORTH 89 49'07" WEST, 191.15 FEET TO A POINT L ING ON THE WEST LINE OF SAID LOT 3,• THENCE RUN NORTH 0070'53" EAST, ALONG SAID WEST LINE, 7.25 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED STRIP OF LAND LIES IN THE CITY OF W1N7LR SPRINGS, SEMINOLE COUNTY, FLORIDA AND CONTAINS 1,714 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES' (1) 7HIS LEGAL DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER IDEN77RED BELOW. (2) NO ABS7RACT FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP OR OTHER INS TRUMEN TS OF RECORD HA VE BEEN PRO WDED TO THIS FIRM. (3) BEARINGS SHOWN HEREON ARE ASSUMED RELA77VE TO THE NOR TV LINE OF LOT 3, 7USCA WILLA 77?ACT 15 PARCEL 1-C, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 56, PAGES 29 THROUGH 32 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING SOUTH 8949 07" EASr (4) THE "LEGAL DESCRIP POW HEREON HAS BEEN PREPARED By THE SURVEYOR A T THE CLIENT'S REQUEST. (5) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH. (6) THE DELINEA 77ON OF LANDS SHOWN HEREON IS AS PER THE CL11 N INSTRUCTIONS. fr SHEET 1 OF 2 DAW A. WHITE; P.S. N ti f FtORIDA REGIS7RA770,'I Y' 44 PROFESSIONAL ENGINEERIAJ CONSUL 7ANTS, INC. CER77FICA7F OF AU7HORI APON NO LB-3556 DA 7E OF SIGNA 7URE.• JANUARY 26, 2006 PEA PROFESSIONAL ENGINEERING CONSULTANTS, INC. anglnears planners surveyors CERTfFICATE OF AUTHORIZATION NUMBER 0 3556 SLIM 1560 . Edo Park Cntn 200 Eant Rahkaw Strwt • wandq R-fda 32801 • 4071422-8062 SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST �pz h Q cJ S U DATE 1-23-06 I PREP BY: J.L.Y. f DRANK BY: ILL I JOB NO: I COL-01 I0 LEGAL DESCRIPTION STD /RDA -S) 4,34 0. MOMM& 15& PGS 2,9-M) S89'49'07T Zan, n, Pas. crsm wwc R/W - Md/T--Ar WAY OR& - WFMM RE WOS BOW PR - PLAr BOOK PC - PACE so FT - SOUAR£ F££r SCALE 1'=40' "TH LW& LOT J a sq PGS 29-J2 3 N89'49'OT'W J 191.15' s +�r q 1714 SQ. Fr.-* (QRg ? Pd pN45yay 27.26 LOT 3 TUSCA W/LLA TRACT 15 PARCEL 1-C (P.B. 56, PGS. 29-32) SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION AND SURVEYOR'S NOTES y h a� 4� � Yi ed ;Zed ~ �cd SE THIS /S NO T A SURVEY PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC. englneers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 Suite IWO • £olo Park Centre 200 East Robhsan Street • Wanda. Ronda 32001 • 407/422-BW2 SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST DATE 1-23-06 PREP BY. J.L.M. I DRAM BY' M.T. JOB NO. COL-01 G� R V O IN II III 11 III II III II 11111 III II 111 II III II III II III II Ili 11111 Prepared by and return to: Katherine W. Latorre, Esquire Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407)425-9566 WARRANTY DEED MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 06313 Pgs 1920 - 19231 (4pgs) CLERK'S # 2006106292 RECORDED 07/05/2006 04:31:24 PM DEED DOC TAX 0.70 RECORDING FEES 35.50 RECORDED BY H Bailey THIS WARRANTY DEED executed this N" day of J2006, by COLONIAL BANK, N.A., a National Association, whose address is 2127 West State Road 434, Longwood, Florida 32750 (hereinafter called "GRANTOR"), to CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter called "GRANTEE"). (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: THAT GRANTOR, for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto GRANTEE, its successors and assigns, all that certain land situated in Seminole County, Florida, and being more particularly depicted and legally described on: Exhibit "A" attached hereto and fully incorporated herein by this reference. TOGETHER WITH all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining to, including all of GRANTOR'S rights, title and interest in and to all public ways adjoining the said land. TO HAVE AND TO HOLD, the same in fee simple forever, subject, however, to the following: I . All real estate taxes, special assessments and ad valorem taxes levied, payable or assessed against the land herein conveyed subsequent to 2005; and 2. Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; and 3. Matters of public record; and 4. Any adverse ownership claim by the State of Florida, by right of sovereignty to any portion of the lands hereunder, including submerged, filled, and artificially exposed lands and accreted to such lands; and WARRANTY DEED COLONIAL BANK, N.A. / CITY OF WINTER SPRINGS PAGE 1 OF 2 5. State road right reservations, if any; and 6. Oil, gas and mineral right reservations, if any; and Matters of the Plat of the TUSCAWILLA TRACT 15 PARCEL 1-C, Plat Book 56, Pages 29-32, Public Records of Seminole County, Florida. AND GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that said land is free of all encumbrances except the matters hereinabove mentioned to which this deed is made subject; and that GRANTOR has good right and lawful authority to sell and convey said land and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. AND the subject property is not the homestead property of the GRANTOR. IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: STATE OF COUNTY OF COLONIAL BANK, N.A. G. HuntDawkins, President/Retaff Banking I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgmentsAersonally appeared G. Hunt Dawkins, Area President(Retail Banking, of Colonial Bank, N.A. Id to me known personally to be the person described in the foregoing instrument, or ❑ who has produced as identification. He has acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this�`day of 2006. (Notary Seal) t 140TARY PUBLI My Commission Expires: . py •., MWNDA 3. BAKEH MY MMMJGSION 0 DO ZM1 EXPIRES: January 28, 2068 tyt � pWnded-M, KOM P'Mk Ur&rRftars WARRANTY DEED COLONIAL BANK, N.A. / CITY OF WINTER SPRINGS PAGE 2 OF 2 LEGAL DESCRIPTION 1EXHIBITAYIS IS NOT A SURVEY LEGAL DESCRIP77ON A STRIP OF LAND BEING A POR77ON OF LOT 3, TUSCAWILLA 7RACT 15 PARCEL 1-C, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 56, PAGES 29 THROUGH 32, PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA, BEING DESCRIBED AS FOLLOWS. - COMMENCE A T THE NORTHWEST CORNER OF SAID LOT 3 FOR A POINT OF BEGINNING; THENCE RUN SOUTH 89 49'07" EAST, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 210.69 FEET TO THE NORTHEAST CORNER OF SAID LOT 3,- THENCE RUN SOUTH 0027'38" WEST, ALONG THE EAST UNE OF SAID LOT 3, A DISTANCE OF 26.40 FEET,• THENCE, DEPAR77NG SAID EAST LINE, RUN NORTH 4572103" NEST, 27.26 FEET, THENCE RUN NORTH 891491070 WEST, 191.15 FEET TO A POINT LYING ON THE *EST LINE OF SAID LOT J. 7HENCE RUN NORTH 0070'53" EAST, ALONG SAID WEST LINE, 7.25 FEET TO 7HE POINT OF BEGINNING. THE ABOVE DESCRIBED STRIP OF LAND LIES IN 7HE CITY OF WAITER SPRINGS, SEMINOLE COUNTY, FLORIDA AND CONTAINS 1,714 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES- (1) THIS LEGAL DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNA 7URE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER IDEN77FIED BELOW. (2) NO ABS77?ACT FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP OR 07HER INS 77RUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM. (3) BEARINGS SHOWN HEREON ARE ASSUMED RELA 77VE TO THE NORTH LINE OF LOT 3, TUSCAWLLA TRACT 15 PARCEL 1-C, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH .J'2, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING SOUTH 89 49'07" EAST. (4) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR A T THE CLIENT'S REQUEST (5) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH (6) THE DELINEA 77ON OF LANDS SHOWN HEREON IS AS PER THE Cl_IEN -� INS7RUCBONS. r 1 DA WD A. WHI TE, P. SW ' FLORIDA REGISTR?A T/O,", Al 44 PROFESSIONAL ENGINEERMI CONSUL ]ANTS, INC. CER77FICATE OF AU7HORIEA BON NO. LB-3556 DA 7F OF SIGNA TIJRE.• JANUAR Y 26, 2006 SHEET i OF 2 PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors CERTIFICATE OF AUTHORIZATION NUM8ER LB 3556 Salto 1560 • Colo Park Can 200 East Robieian Slr"t • CNandq. Rorido 32801 • 407/122—WW2 SECTION S, TOVNNSHIP 21 SOUTH, RANGE 31 EAST 3 0 O I DATE: 1-23-06 + PREP BY: J.LY. I DRANK BY: M.T. I JOB NO: COL-01 I LEGAL DESCRIPTION STA IRW D NO. 434 cofiWiN S89'49'07"E 21 a 69rCLUT M N89149107mW 191.15' 1714 50. FT..' fatxa� 2Q09� P& rah) N4572'arw 27.26' .-.._ LOT 3 TUSCAWILLA TRACT 15 PARCEL 1-C (P.B. 56, PGS 29-32) l FrF� P.Q.B. -• Pamr a' aramm JC R/N - MYT=OF- WAY OW - OFF?a4L Rrawos Boar P@ - PLAT BOQY PC - PACE SO "r - SQUARE FEEr SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION AND SURVEYOR'S NOTES SCALE I"=40' THIS IS NOT A SURVEY PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 State 1560 • £o/a Park Cratro 200 East Robinson Strut Odendo, Rondo 32BOt • 407/422—OW2 SEC71ON 8, TOMMSHF 21 SOUTH, RANGE 31 EAST DATE 1-23-06 PREP BY: J.L.M. I ORAYM BY: M.T. JOB NO: COL-01 �74 n-