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HomeMy WebLinkAboutTab 62 The Professional Offices, LLC.pdfr' 'do*, ; ~,r Y THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407)425-9566 MARYANNE MORSE, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER BK 08168 Pge 1634 — 1641; (8pgs) CLERK'S # 013149217 RECORDED 11/26/2013 11:01:18 AM RECORDING FEES 69.50 RECORDED BY H DeVore FOR RECORDING DEPARTMENT USE ONLY LOT SPLIT DEVELOPER'S AGREEMENT THIS LOT SPLIT DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this r-zQ day of 2013, by and between the CITY OF WINTER SPRINGS, a Florida Municipal torporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, THE PROFESSIONAL OFFICES, LLC., a Florida Limited Liability Company, whose principal address is 155 Middle Street, Ste 1001, Lake Mary, Florida 32746 ("Developer"). WITNESSETH: WHEREAS, this Agreement is related to certain real property located in Seminole County, Florida and more particularly described on EXHIBIT "A", which is hereby fully incorporated herein by this reference (the "Property"); and WHEREAS, Developer is, or will be at the time this Agreement is recorded, the current fee simple owner of the Property; and WHEREAS, Developer requested that the City Commission grant a lot split application affecting the Property, which was approved by the City Commission pursuant to Resolution 2013-25 subject to terms and conditions memorialized in a developer's agreement; and WHEREAS, the Developer desire to construct an office park on the Property in a manner compatible to the surrounding Winding Hollow Subdivision and surrounding neighborhood; and WHEREAS, in furtherance of Resolution 2013-25, Developer and the City desire to enter into this Agreement to effectuate the lot split and the development of the proposed office park; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Lot Split Developer's Agreement City of Winter Springs and The Professional Offices, LLC Page 1 of 6 -� 1.0 Recitals- Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Agreement shall be Tu-I 1 23SL6 13 ("Effective Date"). 2.0 Authori . This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Acquisition of Property. Developer agrees to purchase the Property within six (6) months -of the Effective Date of this Agreement. Developer may request a six (6) month extension of this time period upon written request to the City. If Developer fails to complete the purchase within said time period (as may be extended by the City), this Agreement shall automatically be deemed null and void and terminated. 4.0 Professional Office Park. Upon purchase of the Property, the City and Developer agree that the Property shall be developed as a professional office park in accordance with all applicable requirements of the City Code unless otherwise mutually agreed to by the parties. 5.0 Administrative Rezoning of Propel In order to facilitate the development of the Property in a manner compatible with the surrounding area, the City agrees, upon the Effective Date of this Agreement, to advertise and proceed with public hearings to amend the Property's Official Zoning Map classification from City "C-2 General Commercial" to City "C-1 Neighborhood Commercial." The aforementioned zoning map amendments shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Developer will fully cooperate with the City to achieve the amendment on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City, if necessary. Developer also agrees not to contest or object to the rezoning of the Property in any manner whatsoever. However, the parties agree that final adoption of the rezoning ordinance will not occur until such time as lot split Resolution 2013-25 is recorded in the Official Records of Seminole County, Florida by the City. 6.0 Application of the SR 434 General Design Standards for New Develo ment Area. Developer agrees that the Property shall be bound by the provisions of the SR 434 General Design Standards for New Development as set forth in Section 20-461 et. seq. of the City Code. 7.0 Recordation of the Lot Split Resolution 2013-25 Resolution 2013-25 shall not be recorded until such time this Agreement is fully executed by the parties, Developer completes the purchase of the Property pursuant to Section 3.0 of this Agreement, and the conditions set forth in Section 8.0 of this Agreement have been satisfied by the Developer. 8.0 TitIe Report; Recording of this Agreement. Within five (5) days of closing on the purchase of the Property, the Developer shall submit to the City's Community Development Department Director a title report, certified to the City, evidencing that Developer is the record Lot Split Developer's Agreement City of Winter Springs and The Professional Offices, LLC Page 2 of 6 —, owner of the Property and listing any mortgages, liens or other encumbrances on the Property. If i the title report lists any mortgage or lien holders affecting title to the Property, Developer shall be required to obtain written, duly executed joinders from said holders consenting to the terms and conditions of this Agreement. This Agreement shall be recorded by the City at such time the City determines, based on the title report and its own due diligence, the Developer is the record owner of the Property and all mortgage and lien holders have consented in writing to the terms and conditions of the Agreement. This Agreement will, when duly executed and delivered by the City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. 9.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it 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 the execution, delivery and performance of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 10.0 Successors and Asians. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. ! 11.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 12.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 13.0 _Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 14.0 Severability. If any provision of this Agreement shall beheld 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. 15.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. This Agreement is not binding upon the City unless approved by the City Commission and executed by the Mayor. Lot Split Developer's Agreement City of Winter Springs and The Professional Offices, LLC Page 3 of 6 �? 16.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer 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 parry is authorized to, nor shall either parry act toward third persons or the public in any manner, which would indicate any such relationship with the other. 17.0 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, 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 two hundred thousand dollars ($200,000.00), 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 three hundred thousand dollars ($300,000.00). 18.0 City's Police Power. Developer 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. 19.0 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. 20.0 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. 21.0 Si2ecific 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 a suit in equity. 22.0 Attornev's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall bear their own attorney's fees and costs. 23.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the efective 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 Developer 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, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in breach of any term and condition of this Agreement. Lot Split Developer's Agreement City of Winter Springs and The Professional Offices, LLC Page 4 of 6 24.0 Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting parry a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 25.0 Termination. Unless termination of this Agreement is expressly authorized elsewhere in this Agreement, this Agreement may be terminated by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: 1 r orenzo Luaces, City Clerk CITY SEAL CITY OF WINTER SPRINGS 7 By: ~Lacey,- APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Lot Split Developer's Agreement City of Winter Springs and The Professional Offices, LLC Page 5 of 6 Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature ofWimess Printed Name of W itness STATE OF yVWc--r,ycA *i4 COUNTY OF 0 e t",- J THE PROFESSIONAL OFFICES, LLC a Florida tin ite liability company Ax�— By: Rick A. Satum, Manager Date: The foregoing instrument was acknowledged before me this —Z day of 2013, Rick A. Saturn, as Manager of, The Professional Offices, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced peo-t%-ate+• as identification. (NOTARY SEAL) - W/ (Notary Public Signature) (Print Name) =PUBLJ,,,T SEAL Notary Public, State of - OEGO Commission No.: 45 01$ 15 E-- NOTARYC OREGQM1! —— NO, 459815 My Commission Expires: � f2D)5 MRES jULy 05, 2015 Lot Split Developer's Agreement City of Winter Springs and The Professional Offices, Llc Page 6 of 6 SKETCH OF DESCRIPTION EXHIBIT OF (THIS IS NOT A SURVEY) OF STATE ROAD STATE ROAD 434 SOUTH 131.50' R/W 214.97� (FOOT RIGHT OF WAY MAP SECTION 77070-2518) NB3'53,17"E ROAD 434 Z UTH R/W L R ATE _ OJ O J I 1.!'I Oc G I 5T PARCEL I I NORTHwE N CP ACRES ED [53,087 SQ. FT. V! I (NOT INCLUDED) - NBS 48' 59"E 5.00' I � I I � o � J I LA '•� O m O o m u o SOUTHVEST PARCEL I � �O 90 � s ' 2.91 ACRES SU• �„ O o qz (125.7n4 I m (NOT INCLUDED) r 7C z v -4 �oO I Y�b 7 I IWEST RIGHT OF WAY LINE HOLLOW BLVD� IWINDING I I 25 I ISOUTH LINE OF LOT `\y N g34g�25003' — POINT OF COMMENCEMENT SW CORNER, LOT 25, BLOCK D D R MITCHELL'S SURVEY OF THE LEVY GRANT LEGEND PLAT BOOK 1, PAGE 5 FOOT FLORIDA DEPARTMENT OF TRANSPORTATION ORB OFFICIAL RECORDS BOOK PG PAGE R/W RIGHT-OF-WAY SQ. FT. SQUARE FEET q CENTERLINE HL S M LLC Henrich-Luke-Swaggerty-Mena rd Professional Surveyors & Mappers 165 Middle Street, Sulte 1101 Lake Mary, Florida 32746 P. (4D7] 647-7346 P- (407) 647-8097 WWW-TluridoLandSumv yor.com Licensed Business No. 7276 WT 'R PARCEL 4.13 ACRES (179.734 SO, FT.) EAST R1081 OF WAY LINE WVNOING HOLLOW BLVD S83'4zb "w 219.97 NORTH LINE OF WINDING HOLLOW UNfT 1 (FLAT BOOK 47. PAGES 94-96) i• � I�Ylti)�■ lsi�Jl��� II \I� 110' x1.DR10A aqw ER & UGHt COMPANY Rw FCREE1dE (ORB 183 /79 E 132 AND ORg 148, SHEET 2 OF 2 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Job No: E-9149 Date: 6/27/13 Drawn By: ADA SEE SHEET 1 OF Scale: 1 "=1Do' FOR DESCRIPTION AND SIGNATURE SKETCH OF DESCRIPTION OF (THIS IS NOT A SURVEY) EXHIBIT "A" DESCRIPTION — (MASTER PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 060K 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07'01'30"W, A DISTANCE OF 658.07 FEET; THENCE N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD RUN N83'53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83'48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS SEE SHEET 2 OF 2 FOR SKETCH SURVEYOR'S REPORT: 1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida. 2. This is not a boundary survey. 3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map. 4. No title data has been provided to this surveyor unless otherwise noted. 5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey of ijhe t,evg Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'46'59"E.� SJIEI�T,,.1 OF2 •THE NOT VAuQ,wrrH0.FC 51GNAl n Agl1,THE H L 5 M p OF A iLARIDP 13LgH5Ep SURVEYO RAW MA SURVEYOR ANoPErL c ... ` 2 �. L L C Hen rich —Luke—Swaggerty—Menard Job No: E-9149 _ =T�- Professional Surveyors &Mappers Date: 6/27/13 165 Middle Street, Suite 1101 Drawn By: ADA 'T _ Lake Mary, Florida 32746 P. (407) 647-7346 Scale: 1 "=1Do' William„ Meraar r, ,.•,x - " •&:Mapper P. (407) 547-8097 Professioliiai 5uNey5r WWW.FloriduLandSurveyor.com Florida Regis6Vron,45b25 Licensed Business No. 7276 RESOLUTION NO. 2013-25 MARYANNE MORSE, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER AK 08168 Pgs 164E — 1648; (7pgs) CLERK'S ## 2013149218 RECORDED 11/26/2013 11:01:18 AM RECORDING FEES 61.00 RECORDED BY H DeVare A RESOLUTION OF THE CITY COMMISSION OF THE o CITY OF WINTER SPRINGS, SEMINOLE COUNTY, w FLORIDA, PROVIDING FOR THE DIVISION OF AN ORIGINALLY PLATTED LOT OWNED BY WINTERSPRING LAND LTD. AND GENERALLY LOCATED ON THE t n °° SOUTHEAST CORNER OF THE INTERSECTION OF STATE w ROAD 434 AND WINDING HOLLOW BOULEVARD, WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF -- z RECORD FOR DEVELOPMENT PURPOSES; PROVIDING ¢� o FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. 4 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide an originally platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Winterspring Land Ltd. (hereinafter "Owner") is the owner of certain real property generally located at the southeast corner of State Road 434 and Winding Hollow Boulevard in Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission finds that Owner has satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Resolution No. 2013-25 Pagel of 3 SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals.- The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. Subject to the terms and conditions required by the City Commission at the July 22, 2013 public hearing on this Resolution, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located at the southeast corner of State Road 434 and Winding Hollow Boulevard, legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots. Such lots are more particularly depicted and legally described in "Exhibit B," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severabiliv. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida simultaneously with the binding development agreement memorializing the terms and conditions of the lot split. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split upon recordation of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and a binding development agreement being simultaneously approved and executed by the City and the property owner of the southeast parcel memorializing the terms and conditions of the lot split required by the City Commission in accordance with the public hearing conducted on July 22, 2013. [EXECUTION PAGE FOLLOWS] City of Winter Springs Resolution No. 2013-25 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, this .1,2 day Of J , 2013. ATTEST: Approved as to legal form and sufficiency for the City of Winter Springs only: 401 ANTHONY A. GARGANESE, City Attorney Char es Lacey, 4-- 1 Z0 a . City of Winter Springs Resolution No. 2013-25 Page 3 of 3 SKETCH OF DESCRIPTION EXHIBIT OF (THIS IS NOT A SURVEY) A DESCRIPTION — (MASTER PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07*01'30"W, A DISTANCE OF 658.07 FEET; THENCE N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE NDT01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 77D70-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD RUN N63'53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83'48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH SURVEYOR'S REPORT: 1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida. 2. This is not a boundary survey. 3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map. 4. No title data has been provided to this surveyor unless otherwise noted. 5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D. D R Mitchell's Survey of the Loyy 1 Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E. •`' 1fiFE,T•,i OF HLSM E ROT VALID AISO' S 1. A PLOR LICENSED DRICENAL RAISE'�•SF.AL OF A FiOR7f)4 IIC7JSED SURVEYOR AND "W- F t. L L C Henrich—Luke—Swaggerty— Mena rd ,lob No: E-9149 (� � •• Professional Surveyors 8 Mappers Date: 6/27/13 Drawn By: ADA 155 Middle Street, Suite 1101 Lake Mory, Florida 32746 P. (407) 647-7345 Scale: 1 "=1 DO' William "1•r lanar;d P. (407) 647-8097 Professiorigl 56l'veyb-r 6: Mapper WWW.FloricrQLvnd5u* eyer.com Licensed Business No. 7276 FloridaRe istration 5625 9 SKETCH OF DESCRIPTION OF (THIS IS NOT A SURVEY) STATE ROAD 434 131.50' R/W 'Z14.97� (FOOT RIGHT OF WAY MAP SECTION 77070-2518) NB3'53r17"E STATE ROAD 434 Z �UTH R/W LINE � — — O J O I CA I � I�10kzfiST PARCEL I I N I 1.22 ACRES tp (53.0$7 54. FT. ()! I (NOT tNCLUDED) �_- N83'48159"E 5.00' I I I I I O J 47 O I � m oo p O m ' v N n I o SDUTH'�ST pA3iCF,L v a 2.91 ACRES (126,764 50. r^ I m (NOT INCLUDEn] D a xzae i � m z -c IWEST RIGV'R OF WAY UNE IWINDING HOLLOW 51 I I I I I Ir SOUTH LINE OF LOT 25 N 8S4B5�780.03' POINT OF COMMENCEMENT SW CORNER, LOT 25, BLOCK D D R MITCHELL'S SURVEY OF THE LEVY GRANT LEGEND PLAT BOOK 1, PAGE 5 FOOT FLORIDA DEPARTMENT OF TRANSPORTATION ORB OFFICIAL RECORDS BOOK PG PAGE R/W RIGHT—OF—WAY SO. FT. SQUARE FEET CENTERLINE H L S M LLC H enric h-Luke-Swa g g erty- M e na rd Professional Surveyors & Mappers 155 Middle Street, Suite 1101 Lake Mary, Florida 32746 P. (407) 647-7345 P. (407) 647-8097 W WW. FloridaLandSumeyor.com Licensed Business No 7276 OF 57ATE/ ROA13E434 O J r O M B P'NRCEI. o C 4.13 ACRES w Fr1 (172,734 SO. F7'] N m (J1 J o N Job No: E-9149 Date: 6/27/13 Drawn By: ADA Scale: 1 "=1Do' EAST RIGHT OF WAY L!NE WINDING HOLLOW BLVO S83 w 219.91 ', -NORTH LINE OF WlDiD1NG HOLLOW UNpAGES 94T 96) y00K 47, POINT OF BEGINNING 11o' FLORiDp POWER L� COMPANY PACE E32 ENT (ORB 1W ACZ, OGE B52 R/n 14B. PA [, SHEET2 OF NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SEE SHEET I OF 2 FOR DESCRIPTION AND SIGNATURE SKETCH OF DESCRIPTION EVISIT OF (THIS IS NOT A SURVEY) DESCRIPTION - (NORTHEAST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'01'30"W, A DISTANCE OF 575.99 FEET FEET TO THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07'01'30"W A DISTANCE OF B2.08 FEET; THENCE NB3'46'59"E A DISTANCE OF 5.DO FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD RUN N83'53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07'D1'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83'53'17"W A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS. DESCRIPTION - (SOUTHEAST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA: MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 95; THENCE RUN N07'01'30"W ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET; THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07'01'32"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE S83'48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH SURVEYOR'S REPORT: 1. The lands as shown hereon lie within Section 26, Township 20 S., Range 3D E., Seminole County, Florida. 2. This is not a boundary survey. 3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map. 4. No title data has been provided to this surveyor unless otherwise noted. 5. Bearings shown hereon are assumed relative to the South line:. of Lot 25, Block D, D R Mitchell's Survey, of the Levy Grant, as retarded in Plot Book 1, Page 5; said bearlrq being N83'48'59"E. 4 f.SqET I OF HLSML 11M v&1 ti fD' T L srAMRTOM tiN VENT E aslclwgL adtsEti'sFx of a 1=1.Dwve uEEnsLo SVRVCfM 11N0 k"PER• L C : _ f- Henrich—Luke—Swaggerty—Menard Job No: E-9149 Professional Surveyors & Mappers Date: 6 27 13 155 Middle Street, Suite 1101 Drawn By: ADA . • Lake Mary, Florida 32745 P. (407) 547-7346 Scale: ]=100, William'F. Menard; , P. (407) 647-8097 Profess'lona4 -Mapper WWW.FloridaLandSurveyor.com Licensed Business No. 7276 Florida Registration 5625 9 SKETCH OF DESCRIPTION OF (THIS IS NOT A SURVEY) STATE ROAD 434 131.50' R/W 17"E STATE ROAD 214.97' (FOOT RIGHT OF WAY MAP SECTION N83'53 77o7o-2s16 434 Z SOUTH R/W LINE OF _ _ O �I O_ W O I I .NORTHEp,ST PAgCEL I I HORTHWZST pARCEL I 1.22 ACRES rn (53.D77 50• FT.) N I 1.22 ACRES (53,❑87 SO. FT.) (NOT INCLUDED) U+ N83'48'59"E 5.00' I N07'01'30"W 82.05, N{ O {1Q W N rn Nl cn •v LA I I S83' 53'17' 'W 219.97' N63'53'17"E 219.97' POINT OF BEGINNING (NORTHEAST PARCEL) ` Iy`j I EAST LINE LOT 25, BLOCK D- I { � I -1 I � L-1 l � x U1 I m m 0 iv O ,In b S O' _ n }LA } O� PARCELrm v r� 1 n PARCEL '" i SOFT ACRESo, 50. ]On a n SOLFTI3WESS m (126.656 5.6 0 p x r 7. zo , m 2.91 ACRES I 50. FT.] y Ln z 026.764 (NRT INCLUDED) C C11 i0 afro O pi i { vQN 4 I I OF WAY LINE IWEST RIGHT HOLLOW BLVD� IWINDING I I I I I ISOUTH LINE OF LOT 25 _ N 63 aa'S9^E 2B0.03' POINT OF COMMENCEMENT SW CORNER, LOT 25, BLOCK D D R MITCHELL'S SURVEY OF THE LEVY GRANT PLAT BOOK 1, PAGE 5 LEGEND FOOT FLORIDA DEPARTMENT OF TRANSPORTATION ORB OFFICIAL RECORDS BOOK PG PAGE R/W RIGHT-OF-WAY SO. FT. SQUARE FEET 'i CENTERLINE H L S M LLC Henrich-Lu ke-Swaggerty-Mena rd Professional Surveyors & Mappers 165 Middle Street, Suite 1101 Lake Mary, Florida 32746 P. (407) 647-7345 P. (407) 647-8097 W W W. FI o r i d a L a n d 5 u"e yo r. c o m Licensed Business No. 7276 EAST RIGHT OF WAY LINE WINDING HOLLOW BLVD Job No: E-9149 Date: BJ27/13 Drawn By: ADA Scale: 1 ••=100, W S83' 48' 59' 219,97' NORTH LINE OF WINDING HOOK 47, pA�ES g4?96] BOOK `POINT OF BEGINNING (SOUTHEAST PARCEL) 110' rLdiitiOA PDwER & L,4-r COMPANY RAW AG1sBH PAGE 7B]E 13 E ORS 2 4� SHEET2 OF2 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SEE SHEET 1 OF 2 FOR DESCRIPTION AND SIGNATURE DocuSign Envelope ID: 9FEF9870-3146-4F60-82D5-A4D51 0D63D1 E 0 0 0 )� N �Ln > o Q 00 ca y N M w o o O F 0S THIS INSTRUMENT PREPARED BY: Sidney L. Vihlen, III Vihlen & Associates, P.A. Attorneys at Law 1540International Parkway, Suite 2000 Lake Mary, Florida 32746 MARYANNE MORSE, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER BK 08168 Pgi 1649 - 1650; (Epge) CLERKI S # 2013149219 RECORDED 11/26/2013 11:01:18 AM RECORDING FEES 18.50 RECORDED BY H DeVore JOINDER CONSENT AND SUBORDINATION The undersigned hereby certifies that it is the holder of certain mortgages, liens or other encumbrances upon the following described real property located in Seminole County, Florida: A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANTACCORDING TO THEPLATTHEREOF, RECORDEDINPLATBOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEATTHE SOUTHWEST CORNER OFLOT25, BLOCKD, DRMITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PA GE 5, P UBLIC RECORDS OF SEMINOLE CO UNTY, FL ORIDA; THENCE R UN 83 ° 4859 "E ALONG THE SO UTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT- OF- WAYLINE OF WINDINGHOLLOWBOULEVARD ASRECORDED IN PLATBOOK47, PAGES 94 THROUGH96; THENCE RUNN07°01'30"WALONGTHE EASTRIGHT-OF- WA YLINE OF SAID WINDING HOLLO WBO ULEVARD A DISTANCE OF 575.99 FEET, THENCE DEPARTING THE EAST RIGHT -OF- WAY LINE OF SAID WINDING HOLLOW BOULEVARD N 83 ° 53'17"E A DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S 07°01'32"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THESOUTHLINE OFSAIDLOT25, BLOCKD; THENCES83°48'59"WALONGTHE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. Further, the undersigned, in accordance with the Lot Split Developer's Agreement between the City of Winter Springs and The Professional Offices, LLC, hereby joins in and consents to the split of the platted lot that contains the above -described real property and agrees that its mortgages, liens or other encumbrances, which are recorded in Official Records Book 08134, page 01160, of the Public Records of Seminole County, Florida, shall be subordinated to the Lot Split and the aforementioned Lot Split Developer's Agreement referred to herein. Page 2 Joinder, Consent and Subordination Florida Trust Administration LLC/The Professional Offices LLC Signed, sealed and delivered Witness Sign e elE' Witness Name Punted Wi ss Signaature Witness Name Printed STATE OF FLORIDA COUNTY OF SEMIOLE FLORIDA TRUST ADM TRATION, LLC By: �C- Name Printed: Gary Medley ---- Title: As Manager The foregoing instrument was acknowledged before me on this the3o dayof , 2013, by (aq z� 14 lypg as AAA1vA -- of Florida Trust Administratio�C, who me, or who produced as identification, and who did take an oath and acknowledge that the foregoing Joinder, Consent and Subordination was executed for the uses and purposes described therein. 0WITNESS my hand and official seal in the County and State aforesaid this - day of 6QfR .2013. (SEAL) " UNDA I?EUMNa �C1lufMl loN FF 01Bem Ust 25, �xrtEaES: Aug � �'�P.' Banded Thtu Nolary Pahlio �"�6 � � � A�- ;_) Notary Public, State of Florida MARYANNE MORSE, SEMINOLE COUNTY CLERK Or CIRCUIT COURT & COMPTROLLER l;fit 08168 Pgs 1651 - 1652i (2pgs) CLERK v' 4 201.J 149220 RECORDED 11/26/2013 11.01:18 AM RECORDING FEES 18.50 THIS INSTRUMENT PREPARED BY: RECORDED BY H DEUare Sidney L, Vihlen, III Vihlen & Associates, P.A. Attorneys at Law 1540 International Parkway, Suite 2000 Lake Mary, Florida 32746 JOINDLF. CONSENT AND SUBORDINATION The undersigned hereby certifies that it is the holder of certain mortgages, liens or other encumbrances upon the following described real property located in Seminole County, Florida: A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANTACCORDINGTOTHE PLATTHEREOF, RECORDED INPLA TBOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS. j COMMENCEATTHE SOUTHWEST CORNER OFLOT25,BLOCKD,DRMITCHELL'S SUR VEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED o IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; o THENCE R UN N 83 ° 48'59 "E ALONG THE SO UTH LINE OF SAID LOT 25, BLOCK D A w DISTANCE OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE C/' EASTRIGHT-OF- WAYLINE OF WINDINGHOLLOWBOULEVARDASRECORDEDIN > � PLATBOOK47, PAGES94 THROUGH96; THENCE RUNN07°01'30"WALONGTHE b° ¢ O° CC N EASTRIGHT-OF-WAYLINE OF SAID WINDINGHOLLOWBOULEVARDADISTANCE M OF 575.99 FEET, THENCE DEPARTING THE EAST RIGHT-OF-WAY LINE OF SAID WINDING HOLLOW BO ULEVARD N 83 ° 53'17 "E A DISTANCE OF 219.97 FEET TO A r -d POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S 07°01'32"E 43 Z ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET O TO THE SOUTHLINE OFSAID LOT25, BLOCKD; THENCE S83048'59"WALONGTHE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. Further, the undersigned, in accordance with the Lot Split Developer's Agreement between the City of Winter Springs and The Professional Offices, LLC, hereby joins in and consents to the split of the platted lot that contains the above -described real property and agrees that its mortgages, liens or other encumbrances, which are recorded in Official Records Book 08134, page 0172 and Official Records Book 08134, page 0167, of the Public Records of Seminole County, Florida, shall be subordinated to the Lot Split and the aforementioned Lot Split Developer's Agreement referred to herein. DocuSign Envelope ID: 9FEF9870-3146-4F60-82D5-A4D510D63D1 E Page 2 Joinder, Consent and Subordination NuView IRA, Inc.. FBO Mark Luke IRA # 131146IMe Professional Offices, LLC Signed, sealed and delivered Wits Signature Witness Name Printed Witness Sign J Witness Nam Printed STATE OF FLORIDA COUNTY OF SEMIOLE NUVIEW IRA, INC., FBO MARK LUKE IRA # 1311461 By: Name rinted: ' .- Title: S,p'-pe- R), The foregoing instnunent was ackna ledged before me on this the day of NCNpr+t,P� , 2013, by C--,(e, I , as of NuView ]RA, Inc., FBO Mark Luke IRA #1311461, who is personally known to me, or who produced r .j),?:j_ C ; C as identification, and who did take an oath and acknowledge that the foregoing Joinder, Consent and Subordination was executed for the uses and purposes described therein. , WITNESS my hand and official seal in the County and State aforesaid this day of I� lmJ 2013, (SEAL) TA+MMY PEREZ -_ *= MY COMMISSION # DD978266 Notary Public, tate ofFlorida ''tFOF EXPIRES May 24, 2014 I-0U7j 388.OT:•3 Florida NotaryServlre.cam