HomeMy WebLinkAboutTab 80 Settlement Agreement - Hubert R. Earley (Earley) City of Winter Springs (rezoning) for R-1AA Ranch Lands.pdfI V-iQ-OJ 1 1.1VJr1T1 I
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THIS INSTRUMENT PREPARED BY AND
ArTFR RBCORDnm RETUAN TOi
Miranda F. Fitzgerald f!
.awndes, Droadick, Doeter,
Kantor & Reed, P.A.
Poet Office Box 2809
Orlando, FL 32802
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OFFICIAL aCPGEOOK A
?sS7 0616
SEMI-4OLE CO. FL.
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made this 2ncP day of
Law- e , 1994, bar and between HUBERT R. EARLEY ("Barley") and
the CITY OF WINTER SORINCS, FLORzbA (the "City"), a municipal
arPoration organizedand existing under the laws of the State of
`larida. '
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WHEREAS, Earley owns 114 acres of land within the City's
municipal boundaries which is more .particularly described in
Exhibit "All and depicted in Exhibit "B" attached hereto and
incorporated herein bysreference; and
WHERs.AS� on May 13, 1993, and on November 11, 1993, Earley
Submitted appliCations;to the City requesting rezoning of 80 acres
of the Property which it more particular) described in Exhibit 1' �'
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Y bit C
a�tached hereto and incorporated herein by reference and depicted
in Exhibit "B" as "Tradt All (the "SO -Acre Parce " 1 ), and
WHEREAS, on Janur24, the
, City Commission denied
arley's applications for rezoning; and
WHEREAS, Earley, as Petitioner/Plaintiff, filed a Petition for
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T�'f-rit of Certiorari and: Complaint for Declaratory and Injunctive
I :lief against the Cityj as Respondent/Defendant styled y Hubert R �
E .T'le C o in S n , Florida, Case No. 94-365-CA-16-K
(,the "Petition" ) in the 'Circuit Court of the Eighteenth j g Judicial
M
C7
M4II/94)
E�3�OK IAI. R�C�AG�
2857 0617
SEMINOLE co. FL.
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circuit in and for Seminole County, Florida (the "court,,)
challenging the City, denial of the rezoning applications; and
WHEREAB., in an attempt to resolve the issues surrounding the
Petition, the partiesiagreed to a mediation of this matter with
Sohn J. Upchurch of Cobb, Cole & Sell, as mediator, on August 1,
994; and
W8$REAS, as a r sult of the mediation, the parties have
tered into this Settlement Agreement; and
WiiEREA9, notice of intent to consider this Settlement
Agreement has been proerly published and given; and
WHEREAS, the City has determined that it is in the best
interest of the City And its citizens to settle the Petition by
adoption of this Agreement.
NOW TERREFORE,.for and in consideration of settleme
nt of the
Petition and other good and valuable consideration, Earley and the
City hereby agree as follows;
i 1-. The foregoing recitals are true, correct and accurately
eflect the matters affecting the Petition as of the date hereof
nd such recitals are expressly incorporated herein by this
eference.
2. By entering into this Settlement Agreement, the City is
hereby rezoning the 8o-Acre Parcel from R-Cl to R-1AA as restricted
b , the terms and conditions of this Settlement Agreement. The
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'd1velopment standards applicable to the SO -Acre Parcel shall be
those applicable to thelR-1AA zoningdistrict
unless the terms and
2
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Boa�rAL RLGUROS
2857 0618
SEMINOL E CO. FL.
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Conditions of this SetI tlement Agreement are more restrictive than,
-or in conflict with, t)I ie development standards applicable to the R'-
IAA zoning district, in which .event, the terms and conditions of
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!the Settlement Agreement shall control. The terms and conditions
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'of this Settlement A#eement have been mutually agreed upon and
1•iave been determined 7by the city to promote the general public
ealth, safety and welfare.
3. Earle shall be
Y permitted by the City to develop,
=bnsistent with the 'terms and conditions of this Settlement
A%reement, all portions of the 80-Acre Parcel, which are approved
Ibr development by the St. Johns River Water Management District
�he "SJRWMD"). The Iremainin 34 o g acres f the Property (the
'Remainder Parcel") shall be used for.stormwater management and
etland mitigation associated with and necessary for development of
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die SO -Acre Parcel., in accordance with permits to be issued by the
;
RWMD. Any portions of the Remainder Parcel not used for
al#ormwater management or mitigation purposes shall remain as
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undeveloped open space That portion -of the Remainder Parcel that
8 encumbered with tie easement in favor of Florida Power
OOrporation shall remain as a greenbelt area in which mitigation
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shall not be permitted.;
4. Those portions of the 80-Acre Parcel approved for
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d velopment by the SJRWMD, subject to the provision of any
a plicable State or Co�inty regulation, shall be developed as a
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r sidential subdivision! containing lots of not less than 15,0oo
(11%11/9i] 3
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JCIVI DI -L V V R a R _, V I VV r I VVi i•i-.--..--
BOOK IAI. RECPAGE
2857 0619
-SEMINOLE CO. FL.
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:square feet each (the "Development"). A material term of this
:Settlement Agreement Is the City's commitment to allow development
,of 110 lots of the required size on the 80-Acre Parcel (with the
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associated stormwater management facilities and mitigation areas to
be located on the Remainder Parcel), unless restrictions included
in a permit duly issued by the SJRWMD reasonably preclude the
development of 110 lots on the SO -Acre Parcel. In such event, the
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ity agrees to allow the maximum number of 15,000 square foot lots
fiat can be developed; on the SO -Acre Parcel consistent with the
bnditions of the SJRWMD permit.
S. Although the minimum size for the lots to be developed on
he SO -Acre Parcel shall be 15,000 square feet, the lots shall be
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s large as
g possible given the other conditions contained herein.
The minimum size of the single family residences to be built on the
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ots shall be 2,000 ;square feet of heated and cooled area,
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eluding garages. Eadh residence shall have an enclosed garage.
6. Earley shall'
design the layout of the lots such that as
any of the lots as possible are one hundred (100) feet wide at the
rout building line. Tie parties agree that not more than a total
a� thirty
(30) irregularly shaped lots and lots fronting on cul-de-
eace shall be a minimum of ninety (90) feet wide at the front
b Pilding line and shall have a minimum of twenty-five (25) feet of
f ontage on a public right-of-way.
7. Earley shallnot be required by the City to make any
road, intersection or drainage improvements to Fisher Road other
f�
OFFICIAL RECoRps
BOOK PAGE
2857 0620
SEMINOLE CO. FL.
than those improvements directly associated with the construction
;of Fisher Road from its present paved terminus on Bird Road to the
;Development's proposed southernmost local road connection only.
'Furthermore, there shall be no driveway cuts made to Fisher Road as
;part of the Development.
8. As part of the Development, Earley shall provide a fifty
(50) foot natural buffer within a tract along both Fisher Road and
IPanama Road. This buffer tract shall remain in its natural state
:
kith the native trees, and vegetation and shall not be mowed or
eared. No roads or trails shall be allowed through the buffer
+ract. Earley shall form a mandatory homeowners association which
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own and have maintenance
responsibilities for the natural
bkzffer tract and for any other common areas within the Property.
M44iritenance responsibilities shall include periodic trash and
a
ebris removal.
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9. Earley shalllnot be required by the City to construct a
Ja.11 along Fisher Road: Panama Road or shore -Road. In the event
he City creates a special district strict for purposes of imposing
ssessments or, pursuant to Florida Statutes, otherwise assesses
operties for improvements to Fisher Road, Panama Road or Shore
ad, all or part of the Property may be included in such district,
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0. otherwise assessed-; provided, however, that Earley, his
a `ccessors and assigns, ;shall have the same rights under Florida or
federal law as other property owners -to oppose any assessment
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SENT 3Y:L U U K & K
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1 O—IJ-70 I LIJ IrIII 1
R4 r�rrrt►� r —r .. I r� l �r d r r
Jit BOOK,,
12857 06 1
tiSEMINOLE CO. FL16
;proposed or levied on the basis that the assessment is arbitrary
:and capricious.
'1 10. As part of tihe Development, Earley shall pave Shore Road
rae a two-lane section from its present paved terminus to the
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;northern access point If
the Project, using a pavement and drainage
design that matches that of the existing paved section. if
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;Authorized by the Cityl's Transportation Impact Fee Ordinance, the
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City shall give impAct fee credits to Earley for all such
il-mprovements made by Earley to Shore Road.
11. Earley shall: not be required by the City to make any road
or drainage improvements to Panama Road other than those directly
associated with the cohstruction of the Development's north entry
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road system.
12. In the event Earley has not submitted an application for
a, preliminary
i p ry subdivision plan on the SO -Acre Parcel within one
ear following the date of this Settlement Agreement, the City
hall be entitled to amend_ the City's comprehensive plan to
reinstate the Rustic Rebidential land use classification on the 80-
Cre Parcel, and, in that event, Earley shall be deemed to have
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aived his right to object to the comprehensive plan amendment.
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13. Within ten �10} days following the filing of this
Settlement Agreement with the Court, the Florida League of Cities
s 'all pay $50,000.00 to Earley as reimbursement for Earley's
a torneys, fees and costs.
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(111.11/9a) 6
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CIAO, RECOR S
PL.UA PAGE
2857 0623
'SEMINOLE.CO.11.
17. This Settlement Agreement shall inure to the benefit of
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and be binding upon the City and Earley and its or his respective
successors and assigns.
18. This Settlement Agreement contains the entire agreement
=of the -parties hereto, Any change, modification, or amendment to
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this Settlement Agreement shall not be binding upon any of the
parties hereto unlesssuch change, modification, or amendment has
een duly advertised, has been the subject of a public hearing, has
een reduced to writit: , has been executed by both the City and
�arley, has been filedwith the Court, and has been recorded in the
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public records.
19. This Settlement Agreement shall be interpreted pursuant
to the laws of the State of Florida.
20. This Settlement Agreement is intended to be performed in
accordance with and only to the -extent permitted by all applicable
is
laws, ordinances, rule4 and regulations. If any provision of this
Settlement Agreement ot the application thereof to any person or
ircumstance shall for any reason, and to any extent, be invalid or
ulienforceable, the remainder of this Settlement Agreement and the
application of such provision to other era '
persons or circumstances
shall not be affected thereby, but rather shall be enforced to the
g .eatest extent permitted by law.
21. In the event of any controversy or dispute azising
between the City and Earley in connection with this Settlement
Agreement, including without limitation, in any declaratory action,
fll/11/9�> 8
oFFic+aL eecos�s
BOOK PA E
2857 0624
SEMINOLE CO. FL.
� t trial, or in any appellate proceeding, the prevailing party
shall be entitled to recover any and all, costs and expenses
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associated therewith, 'in whatever nature or form, including without
limitation, reasonable attorneys' fees, paralegal fees, legal
assistants, fees, expert witness fees, and other professional fees
And expenses associated therewith.
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22. This Settlement Agreement and any modification or
amendment thereto shal� be filed with the Court and recorded in the
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�Uhl is records of Seminole County, Florida within ten (10) days
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r'allowing execution bythe parties, The City Commission shall be
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notified that the Settlement Agreement and any modification or
mendment thereto has Ibeen recorded in the public records,
IN WITNESS WiiSRE6F, the parties hereto have signed this
ettlement Agreement as of the date first above written.
Witnesses: ; nFARLEY°
1
ERT R . DNT EY
(Print Name) 6
nt Name
(13-Ax/94) 1 9
..� G ..
P Tw
,
ATE OF FLORIDA
UNTY OF Ad6l,
Th ?Mg=119-
' at
of
sonally known to me c
n,
,XOTICKIAL REcPAGE
2857 0625
SEMINOLE CO.. FL.
THE 11 CITY"
THE CITY OF WINTER
SPRINGS,FLORIDA, a Florida
munic' carp -oration
By: - �^
�H11 F , BV5
Prink Name
Its: MAYOR, CITY OF WINTER SPRI G5, KORIDA
r s -A• 117341.
w 7'" .sAkcrjo-S'/ c1" F2'
it was knawledged before me this
�99 by Hubert R. Earley who is
Notary -public
Name:
{Printed or Ty)ped}
Commission, No.
My Commission Expires:
NOTARY FUBM4 STATE OF ROMA AT LARD!
MY COMMISSION EXPIRIS AUOUST 10. 199D
EON0i0 THRU ASIJTON AQRNCY INC
10
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V V n ri t V— I Q—; 1 c-r Vr ni r T..T---•--
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iT "A" OFF AL RECORDS
g00►, PAGE
2857 0626
TRACT SEMINOLE CO. F.L th
Beginning at �he Southeast corner of North Orlando Ranches t.
Sec. 1, as rorded in Plat Book 12, Page 3, PUalia Records o
of Seminole C 'unty, Florida, run N. 07' 11' 37." X, along that-'
East line of said North Orlando Ranches Sac. 1, and the c,
Easterly right-of-way line of Shore Road 133,90 feat to the a
Southerly line of a Florida Power Ccrp§ aasament recorded in-n
O.R. BOOR 3'd3, Page $4, Public Records Of Seminole County, r-
Florida, Run thence S. 79'39'33' E. along said Southerly
line, 229.52 oat to the canter IS -no of a Florida POwar
Corp. cowmen recorded in G.R. look 353, Page 54, Public
Records of Seminole County, Florida. Run thence &long said
canter Tina, a. 00645125" Z. 4142,89 feet to a point on the
North line of Lot 147, Block "D", D.R. Mitchell Survey of
the Mooes H. Levy Grant, as recorded its Plat Book 1, Page 3,
Public Recorda Of Seminole County, Florida. Run thence a.
63037138' W-, along ,?raid North line a distance of 115.73
feet, thence N. 13'35127" W. 239.20 foot to a point on the
8asterly right,of-way line Of Fisher Road, said point being
on a curve corycave southwesterly, with a rrdf.ua of 558.00
foot, a central angle of 39601136", and a tarigant bearing of
N. ISM48134" All., run 'thence Northerly along the arc of said
curve, and said Raator'ly right-of-way line of Fisher Road,
as nhown on Plats of "North Orlando Ranches Sac, 7",
recorded in Plat nook 13, Page 3, Public Records of Saminale
County, Fieria`a; "Ncrth Orlando Ranches Sao. 1-B" recorded
in Plot Book 42, Pages 46 & 47, Public Records of Seminole
county, Flori,+da, and "North Orlando Ranches Sea. 1-A",
recorded in Plat Book 12, Pages 31 & 32, Public Records 0'
Seminole count' , Plorida, a distance of 380.08 feet to the
Pt. Run the'nas further along said Restarly right-of-way
line of lrioha Road the following courses: N. 54'50'10" W,
347.47 feet tC the P.O. of a curve concave Easterly with a
radius of 617.00 foot and a central angle of 34.30'00"; run
thence Northerly along the arc of said curve 371.52 feet to
the Pt.1 tharlo+b N. 20620110" W. 101.87 foot to the P.C. of a
curve concave Southwesterly, with a radjue of 1033.00 feet
and a central angle of 17'31'15". Run thence Northerly
along the Ara f said curve, 315,89 feat to the Pt.; thence
N. 37.51125" q. 82.95 feet to the P.C. of a curve conc"
Easterly, withla radiva of 492.00 fe6t, and A central ang3-9
of 511,19,45". ! Run thence Northerly along the arc of said
curve, 440.77; foot to the Pt., thence N. 13128'20* E.
1237.58 feet tp the F.C. of a curve concave Westerly, with a
radius of 1157.11 feet, and a central angle of 19,50130".
Run thence Nor harly along the arc of said curve 400.71 feet
to the Pt., Banos -N. 06"22'10" W. 400.00 feet to the
southerly righ,�•of-way line of Panama Road, ae shown vn the
Plat of the a;oresaid North Orlando Ranches Sec. 1;-thence
leaving aforemaid Easterly right-of-way line of Fiaher.Road,
rvn N. 83830'3B" E. along said Southerly right-of-way line
of Panama Road 710.07 feet to the Point of Beginning. All
of the preceding Ca ficripticn lying within Lots 111, 11$,
127, 135, 143, ! 128 and 138, Block ,Do D.R. Mitchell. Survey
Of the Mosom Ea Lev, Grant, an recorded in Plat Book 1, Page
51 Public Records of Seminole County, Florida.
TRACT 5
From the Northsaet corner Of North Orlando Ranches Sec. 1,
as recorded i Plat Book 17, Page 3, Public Records of
Seminole Count+, Florida, run S. 07'11'37" E., along tho
East boundary ine of said North Orlando Ranches Sec. 1 and
the East right of -way line of Shore Road, 20.93 felt to the
Point of saga ping. Run thence N. 33'37'55" E.-1690.23
feet; thenceJJS. 01127'55" W. 663.10 feet; thence S.
83.3'J'55" W. 663.10 feet; thence S. 01.27'55" M1. 4473.45
V
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feet to a point on the North Line Of Lot 147, Block "D",
D.R. Mitchell Survey of the Moses E. Levy Grant, as recorded
in Plat Book 1, Page 5, Public Records of Saminole County,
Florida. Run thence along said North lot line S. 83.37138"
W. 499,33 feet to a point on the canter line of a Florida
Power Corp. easement "H", recorded in O.R. Book 353, Pege
540 Public Re ords of Seminole County, Florida. Run thence
along said center easement line N. 00'45'26" W, 4142.89 feet
to a point on; the Southerly line of a fFiorida Power Corp.
easement "C", ba recorded in C.R. Hook 353► PAys 54, Public
Records of Sa inols County, Florida. Run thence along said
Southerly easement line N. 79'39135" W. 229.52 feet to a
point on the eforeaaid East boundary line of North Orlando•
Ronehas Sea. i. Ruse thence along aforesaid East boundW
line, N. 07111 37" W, 899.77 feet to the Point of Beginning,
all of the prsbading description lying within Lots 100, 104, W
102► 110, 111, 119, 127, 135 and 143, Block "n", 12n.
Mitchell Survo, of the Moa►a E. Levy grant, an rhoordsd rFn
Plat Book 1, 'Page 5, Public Records of Seminole Counpyi.
Florida. P d
LESS AND EXQLPT the following described '� I propertyt tV
DR$CRIPTION OF THE PROPERTY CONVEYED
FROMGAMBROH-BROWN INVSSTHLNT GROUP,
A, SSACHUSETTS BUSINESS TRUST
TO FLORIDA P&HA CORPORATION, A FLORIDA CORPORATION
From the Bouthlest corner of North Orlando Ranches Sec. 1 as
recorded in Plat Book 12, page 3, Public Records of Seminole
County, Florida, run N. 07.11137" W. along the West line of
said North Orlando Ranches Sec. 1 a distance of 133.90 feat
to intersect lwith the Southerly line of 175 feet wide
Florida Power porporation Easement Area "C", as recorded in
O.R. Book 353,j Page 54. Public Records of Seminole County,
Florida; thence 6, 79•39'35" E. along said sas*mant line
140.35 feet td. its intersection with the west line of 175
feet wide irlorids Power Corporation Easement Area "H" as
recorded in R.
Book 353, Page 54 of said public records
for the POINT F BEGINNING; run thence N. 00045126" W. along
a Northerly p0 jeetion of the West lino of Easement Aroa "H"
a distance of!152.85 feet to the Northerly line of said
Easement Area rC"; thence S. 79039135" E. 178.34 feet along
the Northerly iins of Easement Area "C" to intersect with a
Northerly projection of the East line of aforesaid Easement
Area "H"; thence S. 00.45126" E. 25.48 feet along siaid
projection of Ithe East line of Easement Area "H" to its
Intersection with the Northerly line of the 100 feet wide
Florida Power orporation Easement as recorded in O.R. Back
193, Page 270 „ Public Records of Seminole County, Florida;
thence S. 79.39135" N. along the Northerly line of said 100
fast wide Florida Power Corporatlon Easement 343.20 feet to
an angle point# thence S.- 65-04135" E. along' said 100 feet
wide Eassmont line 251.90 fast to its intersection with the
East boundary Iline of the Cameron -Brown Investment Group
property as re orded in O.R.-took 1124, Page 1762, Public
Records of Seminole County, Florida; thence S. 01027'55" W.
along said East boundary line 566.36 fast; thence S.
89414'34" W. 718.81 feet to the Neat line of Said 175 fast
wide Florida Pdwer Corporation Easement Area "11"; thence N.
00*45,26" W, 848.50 feet along said West line of Easement
Area "H" to the' POINT OF BEGINNING.
Being a part a Lots Ill and 119, Black "D", D.R. Mitchell's
Survey of the oem,g E. Levy Grant, as recorded in Plot Book
1, Page 5, Pu}�lic Records of Saminola County, Florida.
LESS THE FOLLOWING TWO DESCRIPTIONS:
(As recited i Partial Releases ir. Official Record3 -Book
1615, Parse 189 and in Official Records Book 1621, ?ago 694)
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(Official Recor s Book 1613, Page 1892)
From the Wortheaat corner of North Orlando Ranches Section �V
1, as recorded I in Plat Book 12, Pages 3, Public Records of
Seminole County Florida, run Be 07011'37" 8. along the Sast rn CC)c
boundary linss f said North Orlando Ranches Section l and � CJX c
the Rapt Right �of stay tine of Shore Road 20.93 faatt thence z %..j
run N, 63637'S S. 1590,23 teat: thence S. Ol•27'56" W. C3
663.10 feat! the B, 83037,55, W. 663,10 fast) thence S.
01.27155" W 2 4,21 fast to the point of beginning) thence
continue 8. 01 27'85" W. 2199,24 feet to a point on the O O
North line of of 147, Block "D", D.R. Mitchell# Survey of .�
the MOaee S. Le Grant, an reoorded in Plat Book 1, Page 5,
Public Records of Seminole County, Florida: thence run 5. I" •N �
83.37138" We al ng said North line 615.06 feat to a point onV co �
the Easterly ri.4ht of way line of Fisher Rand) thsnoo ru N4z-
15055127" W. a�cng said Easterly right of way I-ine 59 70-0 �
feet; thence run N. 83•37'38" E. 216.98 feet to a poieJN ~sue
the Baste=ly right of way line of a Florida P er
Corporation Jae merit, Area "H", recorded in O.R. Bankr353,
Page 54, Public Records of Bertinole County, Florida; tan
run N. 00*4512 " W. along said Easterly right of way;,1
rn
2139.95 feet; hence N. 839371380 E. 497.11 fart t 'M
Point of begirming; W AR
(Official Records Book 1621, Page 695)
From the Northeint aornar of North Orlando Ranches Section
1, as recordedirs Plat Soots 12, Pages 3, public Reccrde of
Seminole. County), Florida, rUn S. 07'11137" Z., along the
raat boundary i ne Of Raid North Orlando Ranchan Srotion i
and the East right of way line of Shore Rood, 20.93 fiat to
the PAINT OF BEGINNIN i thence continue S. 07'11137" E.,
along said Raet 66un cry line and East right of way line
742.47 feet to jh■ North line of a Florida Power Corporation
eaeement 40', aqq recorded in Official Records Bock 353, Fags
34, Public Recclyds of Seminole County, Florida; thrnae S.
791391350 B., along said easement "a", 336,66 foot; thence
S. 00.45'25" S.23.48 f aiat to the North llAs of a Florida
POWdr Corporati n easement recorded in Official Records Book
193, Page 270, public Records of Seminole County, Florida;
thence S. 7943 0 35" E., along said easement 345.20 feet to
an angle point; thence S, 65.04135" E., along said easement
251.90 feet; thence departing from said eaasmant N.
01-27155" S., 41.83 feet; thence N. 24.33107." W;, 691.44
fast; thence 83.37155" W., 721.00 fast to the POINT 0Y
STOINNING.
HABIT "B"
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DESCRIMON:
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Beginning at the Southeast corner of NORTH ORLAND -RANCHES SEC, I,
as recorded in PIat Booi 12, Page 3, Public Records of Seminole County
Florida, run N 07011137'" W along the East line of said NORTH 4PJ-A_ND0
RANCHES SEC. 1, and the Easterly Right -of -Way line of Shore Road 133.90
feet to the Southerly lin of a Florida Power Corp. Easement recorded in O.R.
Book 353, Page 54, Pub is Records of Seminole County, Florida, Run thence
S 79039135" E along said Southerly lime, 229.52 feet to the centerline of a
Florida Power Corp. Ea�ement recorded in O.R. Book 353, Page 54, Public
Records of Seminole County, Florida, Run thence along said centerline,
S 00°45'26" E 4142.89 Meet to a point on the North line of Lot 147, Block
"D", D.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida.
Run thence S 83°37'3$" W, along said North line a distance of 115.73 feet;
thence N 15055'27" W 2 9.20 feet to a point on the Easterly Right -of -Way
line of Fisher Road, said oint being on a curve concave Southwesterly, with a
radius of 558.00 feet, a c ntr d angle of 39001'36", and a tangent beating of
N 15°48'34" W, run thence Northerly along the arc of said curve, and said
Easterly Right -of -Way liq'e of Fisher Road, as shown on Plats of "NORTH
ORLANDO RANCHES SEC. 711
, recorded in PIat Book 13 Page
Records of Seminole Co �� ty, Florida, 8 3, Public
uu "NORTH ORLANDO RANCHES SEC.
l-B", recorded in Plat Bobk 12, Pages 46 and 47, Public Records
of County, Florida, and "NORTH ORLANDO RANCHES SEC. A", recorded Seminole
Plat Book 12, Pages 314 32, Public -Records of Scminolc County, Florida, a
distance of 380.08 feet to Ithe Pt. Run thence further along said Easterly
Right -of -Way line of Fisi cr Road the following courses; N 54°50'10" W
47.47 feet to the P.C. of - curve concave Easterly with a radius of 617.00
feet and a central angle of 34°30'0011; run thence Northerly along the arc of
aid curve 371.52 feet to tle Pt.; thence N 20020'101, W 101.87 feet to the
6,C. of a curve concave S 6 uthwesterly, with a radius of 1033.00 feet and
ntral angle of 17°31'15" Run thence Northerly along the arc of said curve,
315.89 feet to the Pt.; these N 37° "
le
�oncave Easterly, with a r dius of 492.00 feet, and of central angle, eet of a curve
V
19'45"
. Run thence Nrtheerly along the arc of said gle ofcurve, 440.77 feet to
e Pt.; thence N 13028'203' E 1257.58 feet to the P.C. of a curve concave
Westerly, with a radiusi of 1157.11 feet, and a central angle of 19050130".
Run thence Northerly a�ong the arc of said curve 400,71 feet to the Pt.; thence
N 0612210" W 490.00 Meet to the Southerly Right -of -Way line of Panama
Road, as shown on the Plat of the aforesaid NORTH ORLANDO RANCHES
SEC. I; thence leaving iforesaid Easterly Right -of -Way line of Fisher Road,
run N 83 36 38 E along said Southerly Right -of -Way line of Panama Road,
710.07 feet to the POINT OF BEGINNING. All of the preceding description
lying within Lots I11, 11191 127, 135, 143, I28 and 136, BIock "D", D.R.
MIT'CHELL SURVEY OF THE MOSES E. LEVY GRANT as recorded in
Plat Book 1, Page 5, Pudic Records of Seminole County, Florida.
I �
LESS AND EXCEPT thit portion of Tracy „ A " ymg described above I ' co .�
within the following des'pribed property; i
11 r
DESCRIPTION OF THE PROPERTY CONVEYED
'�`
� n
FROM CAMERON-BROWN INVESTMENT GROUP, v
A MASSACHUSETY'S BUSINESS TRUST r
j TO FLORIDA POWER �ORPORAT70N, A FLORIDA CORPORATION
From the Southeast corner of NORTH ORLANDO RANCHES SEC. I as
recorded in Plat Book 12� Page 3, Public Records of Seminole County,
Florida, run N 07°11'37";W along the East Iine of said NORTH
IORLANDO RANCHES SEC. 1 a distance of 133.90 feet to intersect with
the Southerly line 175 felt wide Florida
Area ent
,`Gip, as recorded in 6.R. Book 353, Pa e 54, ower Publ c Recordsoration
of
Seminole County,Florida', $ rds of
fI40.35 feet t4 itintersection w th the West line ❑❑� Ong said Easement iixto
Power Corporation Easern�ent Area "Jill as recorded linSOR Bookfeet wide F353 Florida
Page 54 of said public records for the POINT OF BEGINNING; run
hence N 00*45'26" W along a Northerly projection of the West line of
Easement Area !H''' a distance of 152.85 feet to the -Northerly line of said
oEasement Area G ; then { e S 79039'35" E 178.34 feet along the Northerly
ne of Easement Area "Gil to intersect with a Northerlyprojection of the
East line of aforesaid Easement Area "Flip; thence S 004526" E 25.48 feet
along said projection of th4 East line of Easement Area "H" to its
intersection with the Northerly Iine of the 100 feet wide Florida Power
orporation Easement as recorded in Deed Book 193, Page 270, Public
acords of Seminole County, Florida; thence S 79"39'35" E along the
ortherly line of said lap Feet wide Florida Power Corporation Easement
045.20 feet to an angle port; thence S 6510415" E along said 100 feet
hw� s"de Easement line 251.90 Ifeet to its intersection with the East boundary
he of the Cameron -Brown Investment Group property as recorded in
.R. Book 1124, Pagc 17k, Public Records of Seminole County, Florida;
i
thence S 01 °27'55" W along said East boundary line 566.36 feet; thence
S 89014'34" W 718.81eet to the West line of said 175 feet wide Florida
Power Corporation Easement Area "H"; thence N 00145'26" W 648.50
feet along said West lin� of Easement Area "H" to the POINT OF
BEGINNING.
Being a part of Lots 11 and 119, Block "D", D. R. MITCHELL'S SURVEY
OF THE MOSES E. LBVY GRANT, as recorded in Plat Book 1, Page 5,
Public Records of Scmiiole County, Florida.
LESS AND EXCEPT that portion of Tract "A" described above lying
within the -following des6ribed property;
rrr
(Official Records Book 1615, Page 1892) x
c�
r
From the Northeast corner of NORTH ORLANDO RANCHES SEC. 1, as r
recorded in Plat Book 12 Page 3, Public Records of Seminole County, a`
Florida, run S 07°11'37" � along the East boundary line of said NORTH
ORLANDO RANCHES SEC. 1 and the East Right -of -Way line of Shore
Road 20.93 feet; thence r3'un N 83037'55" E 1690.23 feet; thence
S 01 "27'55" W 663.10 feeet; thence S 83 "3755" W 663.10 feet; thence
S 01027155" W 2274.21 f6et to the POINT OF BEGINNING; thence
continue S 01 °27'55" W � 199.24 feet to a point on the North line of Lot
147, Block "D", D. R. MUI CHELL'S SURVEY OF THE MOSES E.
LEVY GRANT, as recor4ed in PIat Book 1, Page 5, Public Records of
eminole County, Florida; thence run S 83037'38" W along said North
',fine 615.06 feet to a pointlon the Easterly Right -of -Way line of Fisher
Road; thence run N 15055'27" W along said Easterly Right -of -Way line
0.70 feet; thence run N 3°37'38" E 216.98 feet to a point on the
Easterly Right -of -Way line of a Florida Power Corporation Easement,
�rea "H", recorded in O.k. Book 353, Page 54, Public Records of
Seminole County, Flor'da;'.thence run N 00° 45'26" �W along said Easterly
Right -of -Way line 2138% feet; thence N 83 37 3$ E 497.11 feet to the
POINT OF BEGINNING.
Being subject to any rights'. of -way, restrictions and easements of record.
co
=-C
C �-ri
cy
b
r
rr,
a
OFFICIAL REQPAdE
K
Exhibit "D"857 0J3
GENERAL RELEASE SEMIN01.>r C0: Fi,:
THIS RELEASE is Txecuted this day of , 1994, by
HUBERT R. BARLEY ("Earley") in favor NT
of the CITY OF WIER SPRINGS,
FLORIDA (the "City").
I
IN CONSIDERATION of the sum of TEN AND NO/100 DOLLARS ($1o.00) and
other valuable considerations, received from or on behalf of the City,
the receipt of which isihereby acknowledged, Earley does hereby remise,
release, acquit, satisfy, and forever discharge the City, the City
tommissioners and the City's employees and agents of and from any and all
manner of action and actions, cause and causes of action, suits, debts,
dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promiaesi variances,
'trespasses, damages, judgments, executions, claims and demands
_whatsoever, in law or inequity, specifically including claims pertaining
to denial of due proceas, equal protection and taking without just
�aompensation which Earley had, now has, or which any personal
;representative, successor, heir or assign of Earley hereafter can, shall
.or may have a -rising out: of or in connection with that certain action
pending in the Circuit Court of the Eighteenth Judicial. Circuit in and
ifor Seminole County, Florida {the "Court"), Case No. 94-365-CA-16-K,
�xcl.uding and except for any claims Earley may have in connection with
�the City's obligations under that certain Settlement Agreement between
arley and the City dated 1994. This Release shall in
zio way affect the Court'a jurisdiction to enforce the terms of the
settlement Agreement.
IN WITNESS WHEREOF,: Earley has executed this Release on the day and
year first written above.
(Signed, sealed and delivered
in the presence of:
1
+STATE OF FLORIDA
flUNTY OF
The foregoing instrument was
7 , 1994, by Hubert
me: or who has produced
did not take an oath.
(SEAL)
i
136906\R0C'GPJ7
t
Hubert R. Earley
acknowledged before me this day of
R. Earley, who is personally3cnown to
as identification and who
Notary Public
Name:
Commission No.
My Commission Exp res:
(Rev. 11111194. 11:04 sail
'sari
Ernest R. Drosdick
Thomas E. Francis
R. Kimbark Lee
James M. Spoonhour
John G. Morris
(1936-1982)
Julia L Frey
John F. Lowndes
Scott C. Thompson
Samud M. Nelson
LOWNDES
James Bslletta
Louis Frey. Jr.
Timothy J. Manor
Julian E. Whkehurst
T. Todd Pktager
William A. Beckett
Barry L Goff
David F. McIntosh
Jon C. Yergier
Patrick X RWn
Wt7ham R. Bird, Jr.
Aaron J. Gorovitz
H. Gregory McNeal
Testy C. Young
Mark D. Stimem
DR OSDICK
Matthew G. Brenner
Linda C. Hasskim
David E. Peterson
C=sey hi. Cavanaugh
T. Austin Simnom
Dale A. Burket
James F. Hokin, Jr.
Nicholas A. Pope
R. Darien, Jr.
Wendy L Spy
Cr ��T��'-i+
DOS
Charles C. Carrington
Robert F. Higgins
Shawn G. Rader
TffeLz
Tssess B. Fiaer
Chrianphnr P. Tetsiurr
James S. Toseasw
1 L
W. Terry Condo
Loran A. Johnson
Morey Raiskin
Dmru D. Garay
rN TTKK
Jaaet M. Courtney
Crary M. Kalerta
John A. Reed. Jr.
Jsmacs J. "Oct"
Karua A. Williams
David G. VMifoed
/(�jj
�Ol\
WsUiam E. Dater
Hal H. Kantor
Michael Ryan
Y
Peter L Lopes
LJ�r
W�Ilam T. Dymond. Jr.
James G. Kattdmann
Margaret H. Schreiber
Amy'S. Loire 0-t ---
r-s_
���jj ��jj
P.A.
Richard J. Fildes
Miranda F. Fitzgerald
Joseph G. Kern
Joseph A. Lane
C"U us ). S"nscna
Gary R. Solo '
,�, MaA
Bryae T. McCstBy
_ C" 6f CounUL-
Matthew E. Beal
1 W1 JD,
Attorneys at Law
December 5, 1994 -- -
VIA HAND DELIVERY
The Honorable John F. Bush
Mayor of Winter Springs
City Hall
1126 East SR 434
Winter Springs, FL 32708
Re: Earley Settlement
Dear Mayor Bush:
In a discussion that Frank Kruppenbacher and I had on Friday,
we agreed that I would reproduce a new original of the execution
blocks on page 10 that removes the signature block reserved for Mr.
Kruppenbacher. We need to have you and the two witnesses who
attested to your signature re -execute the revised page 10 so that
it may be substituted in the original Settlement Agreement that
will be recorded in the public records. It is important that the
same two witnesses attest to your signature because a copy of the
Settlement Agreement was filed with the Court.
Once the revised page 10 is executed, please ask someone in
your office to call my secretary, Maureen Liontis (843-4600,
extension 265). Maureen lives in Winter Springs and will be able
to stop by City Hall to pick up the revised page on her way to or
from work.
Thank you for your assistance with this matter.
Since ly,
it da F. Fitzgerald
MFF/mel
Enclosure
c: Frank C. Kruppenbacher, Esquire (w/enclosure via U.S. Mail)
Michael Roper, Esquire (w/enclosure via U.S. Mail)
027024/38431/161831
215 NORTH EOLA DRIVE a POST OFFICE BOX 2809 e ORLANDO, FLORIDA 32802
TELEPHONE 407-843-4600 a FAX 407-423-4495
MEMBER OF COMMERCIAL LAW AFFILIATES WITH OFFICES IN PRINCIPAL CITIES WORLDWIDE
ATTEST
(Print Name)
STATE OF FLORIDA
COUNTY OF
THE "CITY"
THE CITY OF WINTER
SPRINGS,FLORIDA, a Florida
municipal corporation
By:
Its:
(Print Name)
The foregoing instrument was acknowledged before me this
day of , 199, by Hubert R. Earley who is
personally known to me or has produced
as identification.
Notary Public
Name:
(Printed or Typed)
Commission No.
My Commission Expires: _
157139 (11/29/94)
(11/11/94) 10
ATTEST
t
it rint Name)
Approved as to form and
legality for use and
reliance upon by the City
of Whiter Springs, Florida
Frank C. Kruppenbacher
City Attorney
STATE OF FLO/R�IDA
COUNTY OF tF'
THE "CITY"
THE CITY OF WINTER
SPRINGS , FLORIDA, a Florida
municip corporation
By: - r •7"�
Print Name)
711,
The regoing in trument was a knowledged before me this o�
day of , 199Z by Hubert R. Earley who is
personally known to me d
Notary Public
Name: eA4CZ-X
(Printed or Typed)
Commission No.
My Commission Expires:
NOTARY PUELICI STATE OR FLORIDA AT LAAGj
MY COMMISSION EXPIRES AUGUST 10, 1993
BONDED THRU ASHTON AGENCY INC.
157139 (11/29/94)
(11/11/94) 10