HomeMy WebLinkAboutTab 51 Magnolia Park Expansion.pdf11111 III 111 II 1111111111 mill 1111111111111111111111111111111111111
Prepared by and return to:
Anthony A. Garganese
r, l City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Ag<esta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
8K 07E90 Rgs 0467 - 4781 (12pgs)
CLERK'S # 2009131327
RECORDED 11/18/2W9 ck aM 51 PN
RECORDING FEES 103.50
RECORDED BY T Smith
MAGNOLIA PARK EXPANSION
PARKS AND RECREATION IWACT
FEE CREDIT AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into effective this
day of Iy oq 9 m 0Z�_ , 2009, by and between Winter Springs Holdings,
Inc., a Delaware corporation, whose address is 900 Seventh Street NW, Ste. 1020, Washington,
DC 20001, and its successors and assigns (the "Owner"), and the City of Winter Springs,
Florida (the "City"), a Florida Municipal Corporation, whose address is 1126 E. State Road 434,
Winter Springs, FL 32708.
COMMON RECITALS:
WHEREAS, the Owner is the owner in fee simple title to certain real property (the
"Property") described in Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, the Property is subject to that certain Implementation Agreement (the
"Implementation Agreement"), recorded in the Public Records of Seminole County, Florida in
Official Records Book 6599, Pages 1705-1726; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement, the Owner
agreed to convey a portion of the Property (0.417 acres) to the City along Tuscawilla Road for
park purposes (the "Park Property") as described in Exhibit "B" attached hereto and
incorporated herein by this reference; and
WHEREAS, Pursuant to Section 7.0 of the Implementation Agreement and Section 9-
391.5 of the City of Winter Springs Code of Ordinances, the City has agreed, in exchange for
the conveyance of the Park Property, to provide a parks and recreation impact fee credit (the
"Parks and Recreation Impact Fee Credit") to the Owner equal to the appraised value of 0.25
acres of Park Property, with the remaining area within the Park Property being donated to the
City; and
WHEREAS, e Owner and the City agree that the Park Property hAs an appraised value
of Seventy -Seven Thousand and No/100 Dollars ($77,000.00), and the pro rata appraised value
of the .25 acres of Park Property for which the Parks and Recreation Impact Fee Credit shall be
TCO 358,148,941✓2 073448.010200
provided is Forty Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16)
and said prorated appraised value of $49,302.16 shall be the basis for calculating the Parks and
Recreation Impact Fee Credit; and
WHEREAS, upon conveyance of the Park Property to the City, the Owner will be the
owner of the remaining real property legally described on Exhibit "C" attached hereto (the
"Remaining Property"); and
WHEREAS, at the effective date of this Agreement, Owner does not have any pending
City building permit applications related to the Remaining Property to which to apply the Parks
and Recreation Impact Fee Credit; and
WHEREAS, the Owner and the City now desire to complete the real property
conveyance mentioned above and memorialize, in writing, the amount of the Parks and
Recreation Impact Fee Credit and the manner in which said credit can be used during the
future development of the Remaining Property.
WITNESSETH:
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the mutual
promises, commitments and covenants contained herein, the parties agree as follows:
1. Recitals. The parties agree and acknowledge that the recitals above are true
and correct and that it is the intent of the parties by entering into this Agreement to create a
legally binding contract.
2. Park Pra erry Com-evance. The Owner agrees to convey to the City
marketable fee title to the Park Property within seven (7) days of the Effective Date, and the City
agrees that such conveyance shall satisfy any and all obligations of the Owner set forth in
Section 7.0 of the Implementation Agreement.
;. Parks and Recreation Impact Fee Credit. Pursuant to Section 9 391.5 of the
City of Winter Springs Code of Ordinances, a Parks and Recreation Impact Fee Credit of Forty
Nine Thousand Three Hundred Two Dollars and Sixteen Cents ($49,302.16) is granted for the
Remaining Property. Nothing herein shall be construed as granting any other impact fee credit.
4. Covenant Running with the Remaining Pro erty• Application of
Credit to the Remaining Property. The Parks and Recreation Impact Fee Credit
identified herein shall run with title to the Remaining Property, which is legally
described in Exhibit "C." The Parks and Recreation Impact Fee Credit shall only apply to
offset, diminish, or reduce any Parks and Recreation Impact Fee that is due and owed the City
under the Winter Springs' City Code as a result of the future development of the Remaining
Property. As such, the Parks and Recreation Impact Fee Credit shall not offset, diminish or
reduce any other charjes, fees or other impact fees for which the Owner, or successor owners
of the Remaining Property, are responsible in connection with the development of any
TCO 358,148, 94I V2 073448. 010200 2
other real property. Further, the Parks and Recreation Impact Fee Credit shall not be
assignable or transferred to any other real property.
5. Future Apportionment of the Parks and Recreation Fee Impact Credit to
the Remaining Property. The Parks and Recreation Impact Fee Credit shall be applied as
Owner sequentially proceeds with the development of the Remaining Property and building
permits are issued by the City on a first in time basis. The application of said credit shall
continue until it has been fully applied to off -set, diminish, or reduce the Parks and Recreation
Impact Fees that are owed to the City. However, in the event that the Owner subdivides all or
part of the Remaining Property, and later conveys a portion of the Remaining Property that has
been subdivided, the Owner shall be responsible, at its discretion, for apportioning, in whole or
in part, the Parks and Recreation Impact Fee Credit to itself and any successor owner's of the
Remaining Property. The Owner shall provide written notice to the City of any apportionment of
the Parks and Recreation Impact Fee Credit within seven (7) days of said apportionment, and the
m
City shall have the light to rely on said apportionment, without penalty or liability, when
applying the Parks and Recreation Impact Fee Credit to any future development of the
Remaining Property. It shall be the Owner's, or successor owners', obligation to notify the
City that they are requesting that the Parks and Recreation Impact Fee Credit be applied at
the time payment of the Parks and Recreation Impact Fees are due.
6. ApplicablelErn act Fee R ites. The Parks and Recreation Impact Fee Credits granted to the
Owner hereunder shall be available to the Owner to offset any parks and recreation impact fees assessed,
levied, or payable in connection with any firiure development of the Remaining Property.
7. Authori .
A. The City hereby represents, covenants and warrants to Owner, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by the City,
and the granting of Parks and Recreation Impact Fee Credits to Owner hereunder, and the
performance by the City of its obligations under this Agreement; (i) are within the City's
capacity and authority and all requisite action has been taken to authorize the execution and
delivery of this Agreement by the City and to make this Agreement valid and binding on the City
in accordance with its terms; and (ii) does not and will not (a) result in a breach of or default
under any indenture, agreement, instrument or obligation to which the City is a party and/or
which affects all or any portion of the Property; or (b) constitute a violation of any ordinance of
the City of Winter Springs or of any other governmental requirement. The person executing this
Agreement on behalf of the City has been duly authorized to act on behalf of and to bind the
City, and this Agreement represents a valid and binding obligation of the City.
B. Owner hereby represents, covenants and warrants to the City, as of the
Effective Date of this Agreement, that the execution and delivery of this Agreement by Owner
and the performance by Owner of its obligations under this Agreement: (i) are within Owner's
capacity and authority and all requisite action has been taken to authorize this Agreement and
make this Agreement valid and binding on Owner in accordance with its terms; and (ii) does not
and will not result 11 a breach of or default under any indenture, agreement, instrument or
obligation to which Owner is a party and/or which affects all or any portion of the Property. The
TCO 358,148,941 ✓2 073448.010200 j
person executing this Agreement on behalf of Owner has been duly authorized to act on behalf of
and to bind Owner, and this Agreement represents a valid and binding obligation.
8. Termination. This Agreement shall terminate at such time that the City
recognizes, by written notice to Owner or any successor owner, that the Parks and Recreation
Impact Fee Credit has been fully applied and exhausted. Notwithstanding any provision of the
City's Code of Ordinances to the contrary, the Parks and Recreation Impact Fee Credits granted
to the Owner hereunder shall not expire and shall be available to the Owner at all times until
exhausted. Upon termination by the City, no further Parks and Recreation Impact Fee Credit
shall be due under this Agreement, and the City shall have the right, but not the obligation, to
record a Notice of Termination of this Agreement in the Official Public Records of Seminole
County, Florida.
9. Indemnification and Hold Harmless. To the extent provided by law, the
Owner, or any successor owner of any portion of the Remaining Property, agree to indemnify,
defend and hold harmless the City from and against all claims, losses, damages, attorney's fees,
or liability, arising from or out of the apportionment of any of the Parks and Recreation Impact
Fee Credits by such Owner or the respective successor owner, if applicable, provided the City
has applied the Parks and Recreation Impact Fee Credit to the Remaining Property in accordance
with the terms and conditions of this Agreement and any written notice of apportionment
provided under Paragraph 5 of this Agreement. This indemnification shall obligate the Owner,
or the respective successor owner, as applicable, to defend at its own expense or to provide for
such defense, at the option of the City, as the case may be, of any and all claims of liability and
all suits and actions of every name and description that may be brought against the City resulting
from any claim against the Owner or such respective successor owners, as applicable, for an
apportionment of the Parks and Recreation Impact Fee Credits under this Agreement.
10. Miscellaneous Provisions.
Applicable Law and Venue. This Agreement shall be governed by and
construed under the laws of the State of Florida. The parties shall attempt
in good faith to resolve any dispute concerning this Agreement through
negotiation and/or mediation between authorized representatives. If these
efforts are not successful, and there remains a dispute under this Agreement,
either party may then file an action in the Circuit Court of Seminole
County, which shall be the exclusive venue with respect to any disputes
arising out of this Agreement. This Agreement shall not be construed or
characterized as a development agreement under the Florida Local
Government Agreement Act.
H. Entire Agreement. This Agreement is the entire agreement between the
parties, and supersedes all previous oral and written representations,
agreements and understandings between the parties. Except as otherwise
provided herein, this Agreement shall only be amended or cancelled by
krnuaual written consent of the parties hereto or by their successors in
interest. A copy of this Agreement shall be recorded by the City in the
TCO 358,148,941✓2 073448.010200 4
Official Public Records of Seminole County, Florida, within fourteen
(14) days after the City enters into this Agreement. The Owner shall
pay all costs of recording this Agreement.
ui Counter arts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of
which together shall constitute one and the same instrument.
iv. Effective Date. The effective date of this Agreement (the "Effective
Date') shall be the date when the last one of the Parties has properly
executed this Agreement as determined by the date set forth immediately
below their respective signatures and shall be binding upon all successors
in interest to the parties.
V. Notices. Whenever any of the parties desire to give notice to the
other, such notice must be in writing, sent by U.S. Mail, postage prepaid,
addressed to the party for whom it is intended at the place last specified;
the place for giving of notice shall remain such until it is changed by
written notice in compliance with the provisions of this paragraph. Until
otherwise designated by amendment to this Agreement, the parties
designate the following as the respective places for giving notice:
For the OWNER: Winter Springs Holdings, Inc.
900 Seventh Street NW, Ste. 1020
Washington, DC 20001
Telephone:
Fax:
WITH A COPY TO: James R. Difede, Esq.
Potts -Dupre, Difede & Hawkins, Chtd.
900 Seventh Avenue, NW
Suite 1020
Washington, DC 20001
Telephone: 202-223 -0 8 88
Fax: 202-223-3868
For the CITY: City of Winter Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs, FL 32708
Telephone: 40 7-3 27-5 95 7
Fax: 407-327-4753
[SIGNATURE PAGE TO FOLLOW]
TCO 358,148,941 ✓2 073448.010200 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreemenf 16 be, executed
by their appropriate officials, as of the date first above written.'
WITNESSES:
(signatur
(print name)
ignature)
(print name)
STATE OF FLORIDA
COUNTY OF SEMINOLE
`� . i. a9 Y� •
�a E ID
C WTNTER,RIx
y-
J F. Bush, M l;, 17N t
ATTEST: h ''►•....�
By:+'
Andrea I lrenzo- Luaces, City Clerk
Date: 11
The foregoing instrument was acknowledged
2009, by John F. Bush, Mayor of the
who is personally known to me or ❑ who produced
identification.
before me this ��day of
City of Winter Springs, (check one) .a .
as
Notary Public
Print Name:
My Commissi ' n exes: Notary Public State of Florida
Lorenzo-Luaces
Commission DD664334
!'LAndrea
Tres 051
091 011
TCO 358,148,941 ✓1073448.010200 6
WINTER SPRINGS HOLDINGS, INC., a
Delaware corporation
By:
Lindell K. Lee, President
Date:
(s gnatur'e}
(print name)
leArgo"W- 101 r. w
The foregoing instrument was acknowledged before me this
2009= by Lindell K. L ,President of the Winter Springs
Delaware corporation: (check one) who is personally known to me or
as identification.
day of
Holdings, Inc., a
❑ who produced
^NotarOubliAc���
,
Print Name: -z.ab 14H.
My Commission expires: y/I Y/2.oI I
140tary F ublic, Distdct of Coln *Lb
W C0mff0-5N0ri Expires 411 4r411
0
LEGAL DF-$CRIPTION:
A PORTION OF LOTS 7 AfiIO $, BLOCK �R . D.R. WTCHELL'S ary}RVET OF THE L.c'�Vti GRANT AN LAKWNS d£S511S
RANGEAST AND SE
SAID E LANDS
SFLYI ACCORDING Tl] I. TClYNS
TTHEREOF S RE�RDEDCE IkN PLATOOKC3IOPAOE 5, Of THE2PUBLIC�
RECORDal S OF SEt+UNOLE COUNTY. FLORIDAI BEING woRE pARTICULATwY DESCRIBED AS FOLLC�s15;
CO}Aµ y E AT THE IMTERS£CTiON OF STATE ROAD 43� AND TUSKAWILLA ROAD (PER FLORIDASTT DEPARTa+32.
OF SAN6S'Z3 T EOA RIGHT OF WAY
E OF ) 48 EETTIAL6NG p t5E SeuNEE4F 511RET 10 vEY lay SHOWN TON SAID�R GHT )0; HENCE
WWAYYvyAT
TERL - THENCEF EEPARTINNE AIDOF T[BASELINE UN 0-04.5ERLY KNOWN AS BRANTLEYS'E A DISTANCE OF 6AVENUEFEET ] AAS POINT ON T1iE
SHOWN ONRIGHT SAID RIGHWAY T OF WAY hSAP; THENCE CONTINIZ N3044'5fi"£. ALONG 5A10 EASTERLY RRiIGHT C 5
LINM. A DISTANCE OF 55.52 FEET FOR A POINT OF BEGINNING- THENCE CONTINUE N3D'D4'S6'E, ALONG SNO
EASTERLY RIGHT OF WAY LINE. A DISTANCE ❑F 1279.13 FEET A POINT vrs ANON -TANGENT CURVE CONCAVE
Q4 THE Y. RAVING
[IHE OF THE C.S.0- T:tANSPORTATION JNCORFORATED �AKC C}{gR11 BRANCH" RAIL
WESTERLY, yiAVING A RA]iUS OF 1 i 10.99 FEET AND A TCKRO BEARING OF Sy2'25'1 A B SAID POINT ALSO BEING
CORRIDOR,• THENCE DEPARTING SAID RIGHT OF WAY LINE RISK ALONG BAR) WESTERLY LINE AND ALONG POINT OF
THE ARC OF SAID CURVE
ST1H533'4] lY Al �T ��� fl� S'll C 7-FEE1lTfl1HE KoRlHwE5TFCORNER OF RELEASE
TANGENCY: THENCE RUN
PARCEL 2 AS DESCRIBED IN 33'47'W RECORD BOOT[ 3988. PAGE. 1095. THENCE or SAID WEST
ERLY
THENORTH$r'.45p1CORtEt�CRi D>NG` 0 Ri�FASE PLAYRC LE2arSA5AtO IC POINT ALSO GEING ON THE550UTHERLYI LINEOF� TO
ACOUISTiION PARCEL 8 TSE FAILS TO TRAILS CORRIDOR) AS RESCRiBEO 3i1 QFSTAN RECORD SOCK : TH
RUN 5la4' 59 E A DISTANCE OF i47.17 FEET TO A POINT OF CURVATIfRE OF A TANGENT ICENT CURVE CONCAVE
PAGE 164: T1iEC+C£ CON NiIE 557 05'44"E, ALONG10 SOUTHERLY LINE, A O15TA#+CE OF 45.46 FEET; THEN
AID
NORTHERLY.
HAWS 1' A RADIUS
OF OF 55.00
0 91F FEET THENCE PDl[iTL OF T ERSECC�RVAT RE, CURVE
S ID CURVE' BEING
OF usTA A RADIUS 01 EET T FEET; THENCE RUN ALONG THE ARC OF
CONCAVE 5OuTH&RLY, HA
SAID CURVE ISFU A CENTRAL ANGLE OF 38 1 l'46" k DISTANCE OF N 4s- F1 '2 TOT 1 POINT OF TANG
THENCE RUN 57T43.04_E A DISTANCE OF 187.98 FEET: T11 THE FUN S48'1 SECTION _F A pISTANCE OF LINE FEAT
IGHT
riCENTHy{ESTERLY U avF 51JU[S. QI iTidlafiPARt0. FEET
�;iHENCS RUNES5318"Ol'!. ALONG SOUTHEROF LY LINE AND THE
N THE N
NORTHWESTERLY R1T{E {A DISTANCEFLORIDA ODEPARTWENT OF TRANSPORTAOT TION RIGHT ( riAYEFAW .LY R SECTION 77070 NE
Dr' STATE ROAD
2516, SHEET I 1 OF (PE THENCE DEPARTING SAID NOATHWESTEPLY LUTE RUN Ia38' �3' 15 �Y, ALONG 500
h G 5� �IO�TCAIO+EF 501}THLINE.
W'eSTERiY��lANCE Of k4VING. A431-17 "D 3 OETTO THE P790547 FEE17 AND A GH R NT OF REF C OF
N]7'OD'S7 W; THENCE RUN ALONG THE ARC OF ski) CURVE THRU A CENTRAL ANGLE OF 3'24'37 A DISTANCE RUN
AFORESAID RELEASE PARCEL 2•
10a36'4470.54
, 641'! E blSTHE END k GE OF 73s.52�REET Tfl CURVE-- THENCE STxeAST CORNER qFA g15TANCE DF 14,00 FEET: THENCE
T1]ENCE CONTINUE N38.43'16'W A DISTANCE OF l38_78 FEET
6d3 THENCE 4EPARTENC05�iORIiQRT}�EAS'cROf ELYARCEL
12. rriE aCSC CONTINUE
IN N3 OFFICIAL RECORD DISTANCE OX 2603. PAGE2 FEET THENCE
10 THE MOST SOUTHERLY CORNER OF THOSE
RIGHT OF WAYLINE
UN ":50, 8'435ti 5"IALQLONG E SOUORiNFASTERLYTERLY INLINEr OF SAIDSAID �ROPERTY, A DISTADISTANCNCEOf
200.00 FEET;
200.00 FEET TO TriE POINT OF SECNti[NG.
TOGETHER WITH:
`A' K "A". D,R. iAITCHELL'S £URVEY OF THE LEVY GRANT OTOWNSHIP�21uSOUTH-
p PORTION QF LOTS 7 AMD 8, BLOC
THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 1, PAGE 5. OF THE PUBLIC
SAID LANDS LYING 1H SECTION 33, TOWNSHIP 20 SOUTH, RA*IGE 31 EAST AND SECTI
RANGE 31 EAST, ACCORDING TO
RECORDS OF SEJAINOLE COUNTY, FLOR1s7A; BEING IAORE PARTICULARLY pESCRIi;EO AS FOLLOWS:
COIAuENCE aT_THE 1NTERSI CTIOH OF STATE ROAD a34 AND TU5+1A�nlA ROAD (PER F1.ORtDASTAT DEPARTMENT
OF T{iAN3PORI�A�TIDA DISSTANCE OF 1729��8 FEE ALONG FSE59ASELIN£TOF SURVEY A5 SHOWN Dr+ QSA1D RlGF)iT OF THENCE
RUN 539'23'3. E
WAY # THENCE DEPARTING SAID EASET.IKE RUN NSD'3l 58'E A piSTANCE OF 97.29 TO A POINT ON T
HE
NORTHEASTERLY RIGHT OF WAY LINE OF TllSKAYfiLLA ROAD (FGRMEALY KNOWN Fly $RANTLEY Ftir�tUE}, ASor
SHOWN ON 5FS4 RIGHT OF ►4AY MAP' FOR THE POINT OF 9EGIHHINO; IHEr4CE RUN N50'31 I' E E DISTANCE DISTANCE OF
SHOWN8 FEET THENCE RUN µ3MA902'W A D[STANCE OF 1594.7i
00 FEET' THENCE RUN N50'319B"E A ANCE 34-00
FEES THENCE RUNC53TSs� 33"EOA 0 SSANCE TOrI" 157 fi2FFEET; THENCE iR�C 6WZ4E RUN'08 E A 0 STANACEI O51.415 FFE
TO THE EASTERLY LIS3 OF BLOCK a , O.R. MITCNELi:S SulNtY OF THE LEVY GRANT Dht LAKE 3 eLOC A3,
0 CORDCEDDN FLAT
251.46 SOCK
FEEI THENCE 6EPARTING ce SAED SEASTERLY LIKE OOF BLOCSAjr) EASTERLY Ru14 562 35'OR�OA A A
DISTANCE OF 10952 FEET; THENCE RUN 550'NCE FrW A DISTANCE OF 113 A FEET: THENCE RUN THENCE RUN
DISTANCE
O R DISTANCE OF 65.99 FEET: THENCE RUN 529'QO'27`! A DISTANCE OF 7.928 FEET-, TH£Nn POINT ON THE
S52.03,03 W A DISTANCE OF 9.H0 FEET' THENCE RUN 523'03 Z3 Yf A A15TANTA OF 47.71 FEET:
544'2004'E A DISTANCE OF 1-16.05 Fth ; THENCE RUN S37'2l'3T-E A DISTANCE OF 71.69 FET7
Soyi iENT[ONEO EASTERLY LINE 4F BLT: THENCE DEPN RTNG SAID EA5 ERLYALINELOF BLCCx A' RUN
A
505'S3'S2'W A DISTANCE OF 42,89 FEET:
RUN
N27'56'251Y A DISTANCE OF 41.29 FEET: I ENCE RUN N58930G'27 W ADDISTANNCEOOF557 99FFEEET: TKE14CE RUN
N52'32'01'W A DISTANCE OF 245.40 FEET -,
HENCE RUN 5;6.29'241yf A DISTANCE OF 41 �`O FEET :THENCE RUN
55677'02iY A DISTANCE OF 39.09 FEET, THENCE RUN 51O'02 WW A 0157ANCE OF 55.95 FEET; THENCE RUN
S28'55'33'W A DISTANCE OF 3k.27 FEET;OF
S03'D5'47 W A DISTANCE OF 52.P9 FEET: THENCE R N 50725'22"W A DISTANCE OF 57.87 FEET -.
THENCE RRUN
UN
SQT47'47`r A DISTANCE OF TANCE
49.12 FEET! ; THENCE RUN 579'35'01'W A DISTANCE OF 64.29 FEET;
557'08:00 W A DISTANCE OF t5.29 FEET THENCE RUN N60'50'071;1 A DISTANCE OF 11,3_8 FEET: THENCE RUN
N89' IS 43�H A DISTANCE OF 95.92 FEET- THENCE RUN 509 Sl'29 W A DISTANCE GF 3.05 FEET. THENCE RUN
5$5'O4 5311 A DISTANCE OF 166:65 . EET;
O A
NFaR5E2tiIlETl1TiOtyE01 NORTHEASTERLY RIGIHI or CE RUN
E OFSTUSKAWILLA ROAD; DISTANCE
THENCE UK0AL0 GFEET TTxE POINT ON THE
ap �T MEN(( ETER C R[GHt OF wAY LINE OF TUS AWILLA ROAD N38'43' 15"W A DISTANCE OF 73.56' TO THE
SEGI
CONTAIN$ 46.553,fCRES (2,027,8{11,68 SO. FT_), MORE. OR LESS.
EXH1BlT
nIT
Sheet 1
See Sketch of Description
Included as Attachment "A"
DESCRIPTION
AVI b+
it b 1)
That part of Lot 5, Block "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as
recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida being
more particularly described as follows:
COMMENCE at the Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book 53, Pages 45-49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right -of -Way of TUSKAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the
Public Records of Seminole County, Florida; thence run N.59°31'38"W. along the Westerly
prolongation of the South line of said Lot 31 for a distance of 15.00 feet to the East Right -of -
Way line of said TUSKAWILLA ROAD; thence S.30'04'55"W, for a distance of 1478.38 feet;
thence S.59°55'05"E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N.30°04'55"E. along the East Right -of -Way line of said TUSKAWILLA ROAD per Official
Records Book 5510, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non -Tangent curve concave Northwesterly, having a Tangent Bearing of
S.10'12'00"W., a Radius of 1,110.99 feet and a Central Angle of 05°21'47"; thence
Southeasterly along the arc of said cu rve and the West Right -of -Way line of the C.S.X
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR, a distance of
103.99 feet to the Point of Tangency; thence S.15'33'47"W., a distance of 266.49 feet; thence
N.59°55'05"W., a distance of 97.55 feet to the POINT OF BEGINNING.
Containing 0.417 acres (18,159 square feet), more or less.
T09-A39
Prepared by:
Tinklepaugh Surveying Services, Inc.
850 Courtland Street
Suite 2-A
Orlando, Florida 32804
(407) 262-0957
Revised: 11-12-09
This description and the accompanying sketch or
sketches has been prepared in accordance with the
Standards set forth in Chapter 61G17, F.A.C.,
pursuant to Chapters 177 and 472, Florida Statutes.
Unless it bears the signature and the original raised
seal of a Florida licensed surveyor and mapper this
drawing, sketch, plat or map is for informational
purposes only and is not valid.
AB RT�WMONACftM # 5980
Date: A6>t; t; IL 1 rG 7 0C>
SKETCH OF DESCRIPTION
ATTACHMENT W
-- NOT A SURVEY •-
SURVEYOR'S NOTES
1. Bearings are based on the East
right—of—way line of Tuskawilla Road,
being N30'04'55"E.
2. This is not a Boundary Survey.
No corners were set.
3. This site contains 0.417 acres
(18,159 square feet), more or less,
L
O.R.B.
P.B.
P.O.B.
P.O.C.
P.T.
R/W
R
T.B.
kEGISIUTY UNSATISFACT010(
,FOR SCAMW4
P.O.C. ^�o�
�.
SOUTHWESTERN MOST CORNER OF WJ�
LOT 31, ST. JOHNS LANDING
(P.B. 53. PAGES 45-49)
J v�
All
Grp' � �` '7a ►� Sti*
cr) G7 Qr
C N a)Prj
+�
Aq�
to
D U Ap-45
ra
CENTERLINE �v°j ra� III �4h �
DELTA I ' as L) Q �-
ARC LENGTH
OFFICIAL RECORDS BOOK 2s• 11 [r7 �-r
PLAT BOOK 12S w Lj I; a
POINT OF BEGINNING .NS r a ,
POINT OF COMMENCEMENT
POINT OF TANGENCY
RIGHT—OF—WAY , P.O.B.
S 50 j
RADIUS /'4v I Sq• I
TANGENT BEARING f
MAGNOLIA PARK ACQUISITION
(O.R.B. 5510, PAGE 1286)
LEGEND
REVISED — 1X12/09 — R.W.M.
REVISED — 5 6/08 — A.D.A.
REVISED — 2/25/09 — A.D.A.
I imepaugh
SURVEYING SERVICES, INC.
850 Courtland Street, Suite 2—A o Orlando, Florida 32804
I:\TO9A39\TO9A39.dwg 11/12/2009 Tele. No. (407) 262-0967 Fax No. (407) 679-6915
DRAWING No. T09A39 FILE No. SX-7035-09 LICENSED BUSINESS No. 3778
EXHIBIT E`C"
Legal Description of the Remaining Property
LEGAL DESCRIPTION:
A AORTrOH Qi LOT$ T NiP 8. 6LOCK �� . 4•N. 'acxcu S SVRYET OF -K LEW ORAHT ON tAm =SUP,
RSA QriC.E�.31sa'"_Q_/r�.L_ SSECP HN =1. TOW a T EREOr )Is R 7HT` PLPL?.T BOOK C1 AAGE S TgE PVHu
riN3FS.4: HEiI{r ssORE PARi1PRARL7 RE+C` P11EiE0 AS FCLIDWs:
N
TOGETHER 1VRtC
A Q,FL IATC4EIL'S SVRYCY OF ThC LEvr AUNT Q:i LA1q; JE55lla,
WAS• PORnON OF LOTS 7 MO C, ErwCx "
L-dK ui S W TMTC P±FSEREOfFT',CrC C6 V wAT S00% I PAGE 5 �PLOLIr
x
RatiGE st EAST. ACCOA07
FtEtO.TDS OF SEWRiOLE CRUNiE, FL.MP A. 83NC WORE AARTICVLARLT DESCRIBED AS FOLL
e...n rerw nOFITI)A ZXF°FRT?ADIr _ __
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TO A POviT ON THE
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PMNT dF BEGW:`GNG_
COHTAgvS ♦S—"3 ACRES (2.027,848.68 SO. FT.), MORE OR LESS.
LESS AND EXCEPT:
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TCO 358,155,4040 073446.010200
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Id:
That part of Lot 5, Block "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT as
recorded in Plat Book 1, Page 5 of the Public Records ❑f Seminole County, Florida being
more particularly described as follows:
COMMENCE at the Southwestern most corner of Lot 31, ST. JOHNS LANDING as recorded
in Plat Book 53, Pages 45-49 of the Public Records of Seminole County, Florida, said point
being a recovered concrete monument on the East Right -of -Way of TUSICAWILLA ROAD
(formerly Brantley Avenue) as recorded in Official Records Book 3225, Page 1829 of the
Public Records of Seminole County, Florida; thence run N.59°31'38"W. along the Westerly
prolongation of the South Iine of said Lot 31 for a distance of 15.00 feet to the East Right -of -
Way line of said TUSKAWILLA ROAD; thence S.30°04'55'W. for a distance of 1478.38 feet;
thence S.59'55'05"E. for a distance of 6.00 feet to the POINT OF BEGINNING; thence
N.30'04'55"E. along the East Right -of -Way line of said TUSKAWILLA ROAD per Official
Records Book 5510, Page 1286 of the Public Records of Seminole County for a distance of
357.28 feet to a Non -Tangent curve concave; Northwesterly, having a Tangent Bearing of
S.10°12'00"W., a Radius of 1,110.99 feet and a Central Angle of 05°21'47"; thence
Southeasterly along the arc of said cu rve and the West Right -of -Way line of the C.S.X
TRANSPORTATION INC. 'LAKE CHARM BRANCH" RAIL. CORRIDOR, a distance of
103.99 feet to the Point of Tangency; thence S.15°33'47"W., a distance of 266.49 feet; thence
N.59°55'05"W., a distance of 97.55 feet to the POINT OF BEGINNING.