HomeMy WebLinkAboutTab 62 The Professional Offices, LLC.pdfr' 'do*, ; ~,r
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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
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LEGEND
PLAT BOOK 1, PAGE 5
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FLORIDA DEPARTMENT OF TRANSPORTATION
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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
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(179.734 SO, FT.)
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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.�
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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.
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,lob No: E-9149
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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
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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
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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
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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
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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
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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