HomeMy WebLinkAboutOrdinance 489 WS Development Joint Venture
ORDINANCE NO. 489
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, ADOPTING A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA
AND THE WINTER SPRINGS DEVELOPMENT JOINT
VENTURE; PROVIDING FOR A DEVELOPMENT ORDER;
AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING
MULTI-FAMILY DWELLING UNIT DENSITY LIMITS
PURSUANT TO SECTION 20-354, CODE OF WINTER
SPRINGS; PROVIDING FOR A CERTIFIED MAP;
PROVIDING FOR CONFLICTS, SERVABILITY, AND
EFFECTIVE DATE.
WHEREAS, on October 11, 1971, the Village of North Orlando,
Florida, predecessor to the City, adopted Ordinance No. 64
("Annexation Ordinance"), which Annexation Ordinance annexed
certain property comprising what is commonly known as the
Tuscawilla Planned Unit Development (the "Tuscawilla PUD"), into
the Village of North Orlando, Florida; and
WHEREAS,
the Tuscawilla PUD originally consisted of
approximately thirty-five hundred acres (3,500) and was approved
for development of nine thousand seven hundred forty-seven
(9,747) total dwelling units; and
WHEREAS, the Annexation the Ordinance provided for development
of the Tuscawilla PUD based upon an overall
development plan and set forth requirements for open space,
recreation space, and other development matters; and
WHEREAS, subsequent to the Annexation Ordinance,
Tuscawilla PUD was developed in accordance with the approved
overall development plan, subj ect to certain amendments which
redesignate the uses of several parcels wi thin Tuscawilla PUD,
all of which amendments were in compliance with the overall
Tuscawilla PUD concept to better utilize open space and allocate
densities within Tuscawilla PUD; and
WHEREAS, pursuant to such amendments, the overall density of
Tuscawilla PUD was reduced; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
that the Tuscawilla PUD was designed with the concept of a
central core (the "Central Core") of commercial property, in the
parcel commonly known as Parcel 61, to service the entire
OFFICIAL RECORDS
BOOK 2277 PAGE 0464
SEMINOLE CO. FL.
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SEMINOLE COUNTY, FL
135746
RECORDED & VERIFIED
1991 MAR 25 PM 2:07
r CITY OF WINTER SPGS.
Tuscawilla PUD, which Central Core was integral in the design of
the overall road system and infrastructure of the entire
Tuscawilla PUD; and
WHEREAS, On January 14, 1988, Gulfstream Housing Corp.
successor by merger to Winter Springs Development Corporation,
entered into a contract to sell certain real property to D & M
Investments, which property was located in the Central Core,
which contract was subsequently assigned by Gulfstream Housing
Corp. to WSDJV; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
it was intended under the said Contract that the Central Core
property be developed with a commercial use; and
WHEREAS, the developers thereafter sought to develop a
shopping center within the Central Core; and
WHEREAS, a dispute arose as to the right of the developers
of the Tuscawilla PUD to develop a shopping center within the
Central Core, which resulted in negotiations between WSDJV and
the City and ultimately to a series of public hearings to
determine vested rights of WSDJV to develop the Central Core with
a commercial use; and
WHEREAS, the City Commission ruled on June 19, 1989, that
WSDJV did not have vested rights to develop the Central Core as a
shopping center; and
WHEREAS, based upon the aforedescribed denial, WSDJV filed a
Petition for Writ of Certiorari and Amended Petition for Writ of
Certiorari in the Circuit Court of the Eighteenth Judicial
Circuit in and for Seminole County, Florida (the "Court"), Case
No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a
Florida j oint venture, through its General Partner, Gulfstream
Housing Corp., successor by merger to Winter Springs Development
Corporation, Petitioner, v. City of Winter Springs, a Florida
municipal corporation, Respondent (the "Petition"); and
WHEREAS, in an attempt to resolve the issue surrounding the
Petition, WSDJV and The City agreed to a mediation of this matter
approved by the Court, which mediation was held on February 2,
2
1990; and
WHEREAS, as a method of settlement of the Petition and the
issues surrounding the development of the Central Core, WSDJV and
The City agreed to review the land uses for the remaining
undeveloped properties within the Tuscawilla PUD and amend the
Tuscawilla PUD to reallocate land uses and densities in a manner
to better utilize open space and allocate densities within the
Tuscawilla PUD and in keeping with the original approvals granted
relative thereto; and
WHEREAS, the property remaining to be developed within the
Tuscawilla PUD consists of approximately 367.2 acres
(collectively the "Remaining Property") consisting of:
approximately 32.2 acres designated as Parcel 14C ("Parcel 14C"),
approximately 35.0 acres designated as Parcel 61 ("Parcel 61"),
approximately 202.9 acres designated as ParcellS ("ParcellS"),
approximately 75.4 acres designated as Parcel 80 ("Parcel 80"),
and approximately 20.7 acres designated as the Lake Jessup
Property ("Lake Jessup Property"), which Remaining Property and
the aforedescribed parcels are described on Composite Exhibit "A"
attached to the Agreement and expressly incorporated herein by
this reference; and
WHEREAS, pursuant to the Agreement, the total number of
residential units and total commercial acreage in the Tuscawilla
PUD will be reduced from the original approval; and
WHEREAS, the Agreement is in the best interest of The City
and promotes the health, safety and welfare of the citizens of
The City; and
WHEREAS, this Agreement does not constitute a substantial
deviation pursuant to Section 380.06(19), Florida Statutes
(1989), as amended, of the original approval granted to the
Tuscawilla PUD; and
WHEREAS, The City has determined that it is in the best
OFFICIAL RECORDS
BOOK 2277 PAGE 0466
SEMINOLE CO. FL.
3
interest of The City and its citizens to settle the Petition by
adoption of this Agreement; and
WHEREAS, The City and WSDJV desire to amend the Tuscawilla
PUD to reflect the matters set forth within the Agreement.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS,
FLORIDA, HEREBY ORDAINS:
SECTION I:
The Agreement between the City of Winter Springs, Florida
and Winter Springs Development Joint Venture, a Florida joint
venture, attached hereto marked as Attachment "1", is hereby
accepted and adopted by the City of Winter Springs, Florida, and
made part of this Ordinance as if fully set forth herein.
SECTION II:
The Agreement shall constitute a development order pursuant
to Chapter 163, Florida Statutes (1989), as amended, and shall
govern the City and the developer accordingly.
SECTION III:
Annexation Ordinance No. 64 is hereby amended pursuant to
the terms of the attached Agreement, and any and all approval,
master plans, submissions and other similar matters affecting the
remaining property of the Tuscawilla PUD are hereby automatically
amended to conform to and reflect the provisions of the
Agreement.
SECTION IV:
Pursuant to Section 20-354(b) (4), Code of Winter Springs,
the maximum allowed number of dwelling units per gross
residential acre for multi-family dwelling units within the
Tuscawilla PUD is hereby waived to the extent permitted under the
Agreement, upon recommendations from the Planning and Zoning
Board.
SECTION V:
Attached to the Agreement as Exhibit "B" is a proposed land
use plan of the remaining undeveloped property of Tuscawilla PUD.
Exhibit "B" of the Agreement is hereby adopted, approved, and
certified as the land use plan of the remaining undeveloped
4
properties in the Tuscawilla PUD.
SECTION VI:
All ordinances or parts of ordinances in conflict herewith
shall be and the same are hereby repealed.
SECTION VII:
If any section, or a portion of a section, or subsection of
this ordinance invalid, or unlawful be to proves
unconstitutional, it shall not be held to invalidate or to impair
the validity, force or effect of any other section or portion of
a section or subsection or part of this ordinance.
SECTION VIII:
This ordinance shall take effect immediately upon its final
passage and adoption.
Passed and adopted this 23rd day of July,
1990.
CITY OF WINTER SPRINGS, FLORIDA
LEANNE M. GROVE, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
THIS INSTRUMENT WAS PREPARED BY: ATTORNEY FRANK KRUPPENBACHER
HONIGMAN, MILLER, SCHWARZ, & COHN
390 N. ORANGE AVE., SUITE 1300
ORLANDO, FLORIDA 32801
OFFICIAL RECORDS
BOOK 2277 PAGE 0468
SEMINOLE CO. FL.
First Reading:
May 14, 1990
Second - Reading June 11, 1990
Posted: May 18, 1990
Third
Public Hearing and Third Reading: June 25, 1990
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SETTLEMENT AGREEMENT AND
AMENDMENT TO ANNEXATION ORDINANCE NO. 64,
THE TUSCAWILLA PLANNED UNIT DEVELOPMENT,
MASTER PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT
AND RELATED MATTERS
THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION
ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER
PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED
MATTERS (the "Agreement"), is made and entered into as of the
day of , 1990, by and between WINTER SPRINGS
DEVELOPMENT JOINT VENTURE, a Florida general partnership
(hereinafter referred to as "WSDJV"), and THE CITY OF WINTER
SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter
referred to as the "City").
WIT N E SSE T H:
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WHEREAS, on October 11, 1971, the Village of North Orlando,
Florida, predecessor to the City, adopted Ordinance No. 64 (the
"Annexation Ordinance"), which Annexation Ordinance annexed
to certain property comprising what is commonly known as the
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Tuscawilla Planned Unit Development (the "Tuscawilla PUD") into
~~ the Village of North Orlando, Flor ida; and
~~:
...'.,.
WHEREAS, the Tuscawilla PUD originally consisted of
approximately 3,500 acres and was approved for development of
9,747 total dwelling units; and
WHEREAS, the Annexation Ordinance provided for the
development of the Tuscawilla PUD based upon an overall
development plan and set forth requirements for open space,
recreation space and other development matters; and
;"....
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WHEREAS, subsequent to the Annexation Ordinance, the
Tuscawilla PUD was developed in accordance with the approved
overall development plan, subject to certain amendments which
redesignated uses of several parcels within the Tuscawilla PUD,
all of which amendments were in compliance with the overall
Tuscawilla PUD concept and approvals in effect, and were
effectuated in order to better utilize open space and allocate
densities within the Tuscawilla PUD; and
c,')
WHEREAS, pursuant to such amendments, the overall density of
the Tuscawilla PUD was reduced; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
that the Tuscawilla PUD was designed with the concept of a
central core (the "Central Core") of commercial property, in the
parcel commonly known as Parcel 61, to service the entire
Tuscawilla PUD, which Central Core was integral in the design of
1
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the overall road system and infrastructure of the entire
Tuscawilla PUD; and
WHEREAS, on January 14, 1988, Gulfstream Housing Corp.,
successor by merger to Winter Springs Development Corporation,
entered into a Contract to Sell certain real property to D & M
Investments, which property was located in the Central Core,
which contract was subsequently assigned by Gulfstream Housing
Corp. to WSDJV; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
it was intended under the said Contract that the Central Core
property be developed with a commercial use; and
WHEREAS, the developers thereafter sought to develop a
shopping center within the Central Core; and
WHEREAS, a dispute arose as to the right of the developers
of the Tuscawilla PUD to develop a shopping center within the
Central Core; and
WHEREAS, the City refused to allow a shopping center
development within the Central Core; and
WHEREAS, such denial led a series of discussions and
negotiations between WSDJV and the City and ultimately to a
series of public hearings to determine vested rights of WSDJV to
develop the Central Core with a commercial use; and
WHEREAS, the City Commission ruled on June 19, 1989, that
WSDJV did not have vested rights to develop the Central Core as a
shopping center; and
WHEREAS, based upon the aforedescribed denial, WSDJV filed a
Petition for Writ of Certiorari and Amended Petition for Writ of
Certiorari in the Circuit Court of the Eighteenth Judicial
Circuit in and for Seminole County, Florida (the "Court"), Case
No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a
Florida joint venture, through its General Partner, Gulfstream
Housing Corp., successor by merger to Winter Springs Development
Corporation, Petitioner v. City of Winter Springs, a Florida
municipal corporation, Respondent (the "Petition"); and
WHEREAS, in an attempt to resolve the issues surrounding the
Petition, WSDJV and the City agreed to a mediation of this
matter, approved by the Court, which mediation was held on
February 2, 1990; and
WHEREAS, as a method of settlement of the Petition and the
issues surrounding the development of the Central Core, WSDJV and
the City agreed to review the land uses for the remaining
undeveloped properties within the Tuscawilla PUD and amend the
2
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Tuscawilla PUD to reallocate land uses and densities in a manner
to better utilize open space and allocate densities within the
Tuscawilla PUD and in keeping the original approvals granted
relative thereto; and
WHEREAS, the property remaining to be developed (which shall
not include real property which presently has or is presently
being reviewed for site plan approval, plat approval, building
permits, or other similar approvals or matters) within the
Tuscawilla PUD consists of approximately 366.3 acres
(collectively the "Remaining Property") consisting of:
approximately 32.3 acres designated as Parcel 14C ("Parcel 14C"),
approximately 35.0 acres designated as Parcel 61 ("Parcel 61"),
approximately 201.3 acres designated as ParcellS ("ParcellS"),
approximately 77.0 acres designated as Parcel 80 ("Parcel 80"),
and approximately 20.7 acres designated as the Lake Jessup
Property (the "Lake Jessup Property"), which Remaining Property
and the aforedescribed parcels are described on Composite Exhibit
"A" attached hereto and expressly incorporated herein by this
reference; and
WHEREAS, pursuant to this Agreement, the total number of
residential units and total commercial acreage in the Tuscawilla
PUD will be reduced from the original approval; and
WHEREAS, this Agreement is in the best interest of the City
and will promote the health, safety and welfare of the citizens
of the City; and
WHEREAS, this Agreement does not constitute a substantial
deviation pursuant to Section 380.06(19), Florida Statutes
(1989), as amended, of the original approval granted to the
Tuscawilla PUD; and
WHEREAS, notice of intent to consider this Agreement has
been properly published and given; and
WHEREAS, the City has determined that it is in the best
interest of the the City and its citizens to settle the Petition
by adoption of this Agreement; and
WHEREAS, the City and WSDJV desire to amend the Tuscawilla
PUD to reflect the matters set forth herein.
NOW THEREFORE, for and in consideration of settlement of the
Petition and other and good and valuable consideration, WSDJV and
the City hereby agree as follows:
1. The foregoing recitals are true, correct and accurately
reflect the matters affecting the Tuscawilla PUD and the Petition
as of the date hereof and such recitals are expressly
incorporated herein by this reference.
3
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SEMiNUU:: CG. FL. ..
2. The Remaining Property shall be developed in the
following manner:
PARCEL ACREAGE LAND USE UNITS
14C 31. 2 Single Family 125
1.1 Seneca Boulevard
61 33.0 Single Family 198
1.4 Commercial
0.6 Service Road
15
67.0
104.0
25.2
3.6
1.5
Commercial
Single Family
Multi-Family
Vistawilla Drive
Fire Station
416
504
80
74.0
3.0
Multi-Family
Tuscora Drive
1,480
Lake Jessup
Property
20.7
Multi-Family
166
TOTAL
366.3
2,889
3. The acreages described within each Parcel are
approximate acreages only and shall be finalized at such time as
a final survey of each parcel is obtained. Therefore, the legal
descriptions set forth on Composite Exhibit "A" are subject to
revisions based upon such final surveys and sound land planning
techniques, it being the intent of this Agreement that this
Agreement be inclusive of all remaining undeveloped real property
within the aforedescribed parcels within the Tuscawilla PUD as of
the date hereof; provided, however, no boundary of any such
parcel shall be expanded by more than one hundred (100)
additional feet.
4. The units set forth herein for the multi-family and
single family designations are the maximum allowable units within
each such parcel and the acreages set forth herein for the
commercial designations are the maximum allowable acreages for
commercial property within each such parcel. Notwithstanding the
foregoing, WSDJV shall have the right to request minor revisions
to such allocations and redistribute units within such parcels to
accommodate sound land planning techniques, provided the overall
units and commercial acreages on a gross basis do not exceed
those set forth above, subject to the applicable provisions of
the City Codes.
4
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5. The land use designations set forth herein are inclusive
of less intensive uses under the City Codes for development of
the Remaining Property, subject to the regulations of applicable
governmental agencies.
6. Within the land use classifications set forth herein,
such classifications shall be inclusive of all permitted uses
within such land use under the City Codes and ordinances in
effect as of the date hereof; provided, however, commercial shall
include those uses set forth on Exhibit "B" attached hereto and
expressly incorporated herein.
7. Attached hereto as Exhibit "c" and expressly
incorporated herein by this reference is a depiction of the
Remaining Property and the land uses associated therewith.
Attached hereto as Exhibit "0" and expressly incorporated herein
by this reference is a depiction of ParcellS and the land uses
associated therewith. Exhibits "c" and "0" are intended for
reference only as the City and WSDJV acknowledge that the land
uses shown thereon are an approximation only as to boundaries and
the boundaries of such land uses may vary in order to make better
use of the Remaining Property in keeping the terms and provisions
of this Agreement; provided, however, no boundary of any such
parcel shall be expanded by more than one hundred (100)
additional feet. The parties agree that Exhibits "c" and "0"
shall collectively constitute the certified map and plan of the
Remaining Property in the Tuscawilla PUD. Access points and
roadways show the number and approximate location of such
matters, which location will be finally determined at the time of
site plan approval and/or plat approval of the respective
property such minor adjustments and revisions shall be permitted,
provided such changes shall not result in an increase in the
commercial acreage or units on such parcel, except as otherwise
permitted herein or by City Codes.
8. WSDJV agrees to dedicate a one and one-half (1.5) usable
acre site for a fire station located adjacent to State Road 434
in the residential section of ParcellS, at the location depicted
on Exhibit "C".
9. WSDJV shall be entitled to transportation impact fee and
other impact fee credits for the dedication, planning,
development and construction of Tuscora Drive and Vistawilla
Drive, which road are determined to be collector roads and other
public dedications in an amount equal to the impact fee credits
permitted under the Transportation Impact Fee Ordinance or other
applicable ordinances adopted or to be adopted by the City, for
right-of-way, planning, design, development and construction of
such roadways.
10. The access points of the Remaining Property along State
Road 434 shall be of the number and in the approximate locations
5
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as depicted on Exhibi ts "c" and "0"; howevet::;~ir~a~i&O-IcS-cess points
shall be subject to Florida Department of Transportation
requirements, guidelines and standards.
11. In the event of any conflict between this Agreement and
any other ordinance, approval or similar matter regarding the
Tuscawilla PUD, this Agreement shall control and govern the
rights and obligations of the parties hereto and such approval or
similar matter.
12. Any and all approval, master plans, plans, submissions
and other similar matters affecting the Remaining Property are
hereby automatically amended to conform to and reflect the
provisions and intent of this Agreement.
13. Buffering of the Remaining Property shall be subject to
the provisions of the applicable City Codes at the time of site
plan approval.
14. In order to develop the Remaining Property, WSDJV shall
be required to comply with the applicable City Codes, it being
the intent of this Agreement that this Agreement constitutes a
revision to the approved map and master plan of the Tuscawilla
PUD and that in order to develop any portion of the Remaining
Property, the remaining approvals necessary consist only of site
plan, final development plan or plat approval and preliminary and
final engineering approval, as provided by the aforedescribed
City Codes regarding Planned Unit Developments and specifically
Chapter 20, Article IV, Division 2, Part A, which applies to the
Remaining Property.
15. WSDJV agrees that the City may, at any time, adopt a
special tax district encompassing that portion of the Remaining
Property and other property located adjacent to State Road 434
from the eastern boundary line of the City to State Road 419, for
improvements and beautification of State Road 434.
16. WSDJV agrees to grant and convey a ten foot (10')
easement to the City over and across the southern boundary of
Parcel 14C and continuing along the southern boundary of the
adjacent real property owned by WSDJV in the City of Oviedo,
Florida, to State Road 426, on or before thirty (30) days from
the date this Agreement becomes final and is no longer subject to
appeal.
17. It is the intent of the parties that although the
Petition be dismissed without prejudice, the Court shall retain
jurisdiction over this matter and specifically with regard to
this Agreement, in order that any disputes hereunder shall be
resolved by the Court, pursuant to such proceedings as the Court
may deem necessary in order to accomplish the foregoing. Neither
party hereto admits to any liability whatsoever with regard to
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"the Petition and the subject matter thereof. ~t!~hietQi t~his
Agreement is in no way intended to affect the appropriateness or
inappropriateness of either parties' position or circumstances
with regard to the Petition or the events, circumstances and
subject matter thereof. In the event that the Court, at any
time, determines not to retain jurisdiction over this matter, the
parties hereby expressly waive and agree not to assert the
defenses of statute of limitations and laches in any subsequent
action related hereto.
18. This Agreement shall inure to the benefit of and be
binding upon the City and WSDJV and its or their respective
successors and assigns.
19. The rights and obligations of WSDJV hereunder are fully
assignable and transferable, including but not limited to, in the
event any portion of the Remaining Property is conveyed by WSDJV,
and in such event the City shall look solely to such transferee
or assignee for the performance of all obligations, covenants,
conditions and agreements pursuant to the terms of this
Agreement.
20. This Agreement contains the entire agreement of the
parties hereto. Any change, modification, or amendment to this
Agreement shall not be binding upon any of the parties hereto,
unless such change, modification or amendment is by ordinance and
in writing and executed by both the City and WSDJV and adopted by
the City by ordinance.
21. This Agreement shall be interpreted pursuant to the laws
of the State of Florida.
22. This Agreement is intended to be performed in accordance
with and only to the extent permitted by all applicable laws,
ordinances, rules and regulations. If any provision of this
Agreement or the application thereof to any person or
circumstance shall for any reason, and to any extent, be invalid
or unenforceable, the remainder of this Agreement and the
application of such provision to other persons or circumstances
shall not be affected thereby, but rather shall be enforced to
the greatest extent permitted by law.
23. In the event of any controversy or dispute arising
between the City and WSDJV in connection with this Agreement,
including without limitation, in any settlement, in any
declaratory action, at trial or in any appellate proceeding, the
prevailing party shall be entitled to recover any and all costs
and expenses associated therewith, in whatsoever 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.
24. This Agreement and any modification or amendments hereto
7
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may be recorded in the Public Records of SemizS6t1.leC'td.\iintly,
Florida; however, failure to record this Agreement or any
modification or amendment hereto shall in no way invalidate same.
IN WITNESS WHEREOF, the City and WSDJV have executed this
Agreement as of the date and year first written above.
Signed, s~aled and delivered
ilf'- the ~y~sence of:
Q
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"WSDJV"
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida
general partnership
BY:
GULFSTREAM HOUSING CORP.,
a Delaware corporation,
General Partner
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BY: HOME CAPITAL CORP., ",,",'ll"
a California corporation,
General Part
By:
By:
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Assistant Secretary
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Attest:
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Mary T. Norton,
City Clerk
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SEMiNOLE CO. fL.
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THE "CITY"
THE CITY OF WINTER SPRINGS
FLORIDA, a Florida municipal
corporation
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I.;eanne M.
Mayor
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20Gr'~
PACE.
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STATE OF FLORIDA /
COUNTY OF UfflV&t
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, J. GLENN MARVIN, III, as Vice President of
GULF STREAM HOUSING CORP., a Delaware corporation, which
corporation is a General Partner of WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida general partnership, to me well known to
be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed, on behalf of the
partnership.
WITNESS my hand and official
last aforesaid, this /tIP day of
":.,
/
J l
STATE OF FL~~
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, LOUIS E. VOGT, as Vice President of HOME CAPITAL
CORP., a California corporation, which corporation is a General
Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida
general partnership, to me well known to be the person described
in and who executed the foregoing instrument and he acknowledged
before me that he executed the same for the purposes therein
expressed, on behalf of the partnership.
.' f'
WITNESS my hand an9pfficial
last aforesaid, this ~day of
,
Notary Publ' . ...... ..\. "
. . - -..,j.- ~.. ,.
My Comnl1ss 0 Explres: ~... .~. c.... ',\ ~
o ARY PUBLIC, STArt -iLft' D^' ...... ; ;:: ~
COMMISSION EX" i~ "" ,:'-
SONDli:DTHRU NOTARt~~~ A 1.;:19~"'" ;~:.
.," ~RW"IT~ita.':'
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10
/C/DAH
6786062AMD
06/22/90.3
( ;:-:~ '-'~" :.: ';'"
Boe F\
P ~~/_~ E
2 277
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SEMit~UL.L co. FL.
'STATE OF F)d9RIDA
COUNTY OF~~
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, JOY DeCARO, as Assistant Secretary of HOME
CAPITAL CORP., a California corporation, which corporation is a
General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a
Florida general partnership, to me well known to be the person
described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes
therein expressed, on behalf of the partnership.
WITNESS my hand an~p^ficial S~l~.~~_ the/c~unt,Yla9n9do. .State
last aforesaid, this ~day of ~ ~~~ .
'. '
". #'. ".
(.) -.<i..:.
ary Public :J ).: ~ I - '~~:
Commiss' L~A.TleSp.Lf"IP~'sD / :;;.: ~.
NOTA ISSION EXPIRES: MA\.~;T_ "
~ MY C RU NOTAR'i' pUSJ.,.lC UN ,F _ "'\li4- ''',-;~./ -'..
STATE OF RIDA BONC~CTH \: ........'!-....,.:',_
COUNTY OF ", ('. ;, .
J"Ifl
111111'
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, LEANNE M. GROVE, as Mayor and attested by
MARY T. NORTON, as City Clerk of THE CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation, to me well known to be
the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the
same for the purposes therein expressed, on behalf of the
municipality.
WITNESS my hand a?/~~fiCial
last aforesaid, this ~ay of
. 4f1,#,. "-,
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S~l~ thr County and../.~a:t~ ~\~;'\
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Expires:
"CHARY 'UBLIC, STATI 0' ~O~IDA Af LARGE
MY COMMISSION I)(JIIRIS DEC:IIM.1t OS, 1991
IOHDID ,"au ASHTON AGINCY. 1Me.
11
/C/DAB
6786062AMD
06/22/90.3
CXMPOSITE EXHIBIT "A"
BOOr,
PA~JE
PARCEL 14C
~ 277
n I 0 (-
~. II c U
SEMihCL;: ~:Gy rL~
:;:::SCR:?::O}\ :
T=ac:s ~, b, D, E and ~eten~ic~ ArC2 C, 7~SCAWI~LA U]0:7 }~C, as
recorded in Plat Book 36, ?8ges }} anc 12 c: ~h€ ?ebliC ~eco=cs 0:
Serr,inole County, Flc~ida.
I, I
U,GtB c . ~. ,
fOR M\~P\\;:.lWl~IV~
~ l ,jj,U
...
(Page 1 of 15)
* ';"'; .~,
PAGE
BOOK
PARCEL 61
~ 2 7 7 I n
i~ ~-:
'- \.}
SE!-~iSCU:: co. fL.
P;'J~::::::I" 1 - DES...."K.IP':'Ia.;:
E'rO"n t..'"'.e ce.'1rerline of inte=secticn 0: v;inter Sprinqs &,...1le-..rarc alic
Nor-...nem \';ay, as ShCM'I1 in pla't 0: Vi'bte.r Springs Unit Fou:- as record.eC
Plat Book 18, Pages 6, 7 and 8, ~lic Recc~....s of Se~inole Co~~,
Florida; run 1\. 86c23' OS"E. along the ce.'1te.rline of v~il1ter Spri."1Ss
Boclevare 282.85 feet; t't)enoe N.03c36'55"\-;. 60.00 feet to the poi."1t of
begin.'ling on the Nc:-"'J1 ric;ht-o:-'Way line 0: Winter Sprinss Eoclevarc
(120' R,!w); theno:: I"U."1 S.86023'OS"\\'. along said Nor....n risht-of-'y,'ay
line 217.85 feet to ti)e point 0: cu..'.'vature of a curve ccncave Nor-....h-
easterly, and having a ~3dius of 25.00 feet; thence run Nor-""J'rwesrerly
alone the arc of said curve 39.27 feet throlloh a central a'llcre of 900
00' 00" to t.."r1e p::>int of tangency on the East right-of-way lin~ of Nc~'tj-
e..-n Way (80 I R/l'n; theno:: run N. 03036' 5 5 "v~, along said East =ignt-of-
'y,"2Y line 90. 78 feet to the point of Cllrvat:ure of a cu...-ve concave
Easterly a'1d having a radius of 1893.S5 feet; thence run Ncr-J1er-ly
along the arc 0: said curve 8~. 25 feet throu<;h a central angle of 020
32' 57" to a point; thence leaving said East right-of-way line, nm
N. 86023' OS"E. 270.83 feet to the point of cu.."\Tature of a curve concave
Sc:lut.'rywesterly, a'1d having a radius of 27.83 feet; theI1O:: I"'..m South-
easterlv alone the arc of said CU-'"Ve 40.44 feet throlloh a central
angle of 83014'41" to the point of tangency; theno:: run S.lo022'1~"E.
173.85 feet to a ,FOinton the aforesaid NorJ1 right-of-'y,'aY line of
v~inter Spri.'lgs Boulevard, said p::>int being on a cu...'"Ve concave Nor'"J1-
e=ly, a.'ld r..a\ring a radius of 1085.92 feet; t.i)eno:: from a tangent
rearing of S. 82016' 07"W., run Westerly along t.'tJe arc of saic C":"'''\Je
a...d along said No::-...he::-ly ::-ight-of-......-ay l.ine 78.01 feet through a
cen'c.ral angle of O~ 006' 58" to the p::>int of begi..r'.!'.ing, con-:-:::.; 1"'.ing
1. 4112:: acres.
(Page 2 of 15)
,.:: e"'~ _....-
cOOf\
,~ 277
(""1 !. Q t''";,
~ l~ L
PAR:EL 61
SE~J{CL::.
. fL,
DESCt:; p-:-: Oli cr p;,t;:U 2
Fforri the centerline of in'L.ersection of ,,'ir.:er Sprin~s Eoule-
\! c r C c n C I, 0 .. : her n h' c yes s how n i r. Pi, t 0 f ,,' j t, 1 E R S P F, ] Ii G S U t, j ,.
FOUE, n recorded in net Book 18, Pqles 6, 7 b E, Public re-
cores of Serr,incle County, tloride. run 1I.8E,c23'DS"E. clon9 tne
ceLlerline of ~'in'L.er Sprincs BOUlf'\'crC 282.85 feet.; thence
Ii . 03 ' 36 ' 55 " \.:. 60. 00 feE t t; cPO"l n ton the h 0 r t h r"l 9 rl t 0 f ...' c y
line of sciC ~",nter Springs Sou"le.varG, sciC poir,t being on c
cur \' e con ( " v E ii 0 r the r I y ? n d h a v i Ii C c roc', ius 0 of I 0 85 . S 2 fee t ;
thenCE: from c tangent bEarinS of 1;.86023'05"E. run Easterly
a Ion 9 the c r ( 0 f s c i d cur v e end a Ion ~ s aid I, 0 r the r 1 y r i 9 h i. 0 f
....cy line 78.01 feet :hrouor. e cen'L.ral anole of OL..o06'5E" to
the pOl r, t 0 f be ~ inn "I n g; the n c e I e a \' i n Q S ~ i d Nor 't her I y rig h t 0 of
.,' c y I i n e, run I;. 1 0 <' 2 2 'I!. "l-'. I 7 3 . 8 S fee t tot he poi n t 0 feu r \! c -
ture of c curVE concave South....'esterly and having a radiuS of
27.2~ fee'L.; ,hence run Northwesterly clong :he crc of sC"ld
Curve L..O.LlJ, feet through c centrel angle of 83clt.,'L;I" tc the
potin... of i.angency; thence run S,86023'05"\o,'. 270.83 feet to c
.point on :he E2S'L.erly right of ",'cy 1ine of Nor:hern ....'2)' (80'
R/\"') s2id point being on 2 curve COOC2ve [ester-I)' and he.ving
c redius of 1893.5: "'eE~; thence from c tenger,t be2ring of
h'.OI"03'58"l-'. run NortherlY c-Iong the orc of s2io curve end
clong s2id EEsterlY righ'L. of wey line 50.08 feet through e
centrc', cngle of 01<'30'56"..02 point; thence 'IEcving s2io
[csterly r~9r.t of \o,'2Y line run li.86"2:'05"E. 20/.96 feet to
the point of curv2turE of c curve conccve Southl'lesteri)' 2nd
h2ving c rcdius of 77.82 fee:; thence run SouthEesterly 210ng
the crc of sa~d curVE li3.07 feEt throuoh c cen...rel 2ngle of
E3::-I!,'l:..l" to t.he point of t.angency; the~ce run S.10"22"'l:.."E.
II ? 5 _.GO fee t 'L. 0 e' po oj n ton the a for e s (; i c: IX 0 r the r -\ y r i 9 h t 0 f We y
line of ~inter Springs Boulev2rd, said poin: being on c curve
con c c \' e j\ 0 r the r 1 y c: n d h c v i n 0 2 . r a diu s 0 f I 0 2 5 . S 2 fee t ; the n c e
from c tanoent b~;:rino of S~7~"37'l:..6"\..', run \.iesterly clong the
erC of seid curve and-alone sc"ld l\ortherlV richt of .....cy line
50.C2 fee.. throuoh a cent,.;', enele of 02<>38'21" "to the poin"t
of beginning, containing therEi~ 0.5979 acres more or less,
(Page 3 of 15).
f!:"f':C,:,_
-i",1(
jl,;,\
PAG~
PARCEL 61
:. 2 7 7
".....:
II Q ';
'i U .../
SE~~J~CLE l~Li. FL.
DI:5CHlYTION - I'IIRC!.:!. "/,"
f'rorn tile centerline inter'secllon of Winter Sorings Boulevard ",HI Norrherr. Wuv, as shown on the
plat of Winter S!'rings Unit 4, recorded in Plat Boor. 1.B, Pagps {;. 7 and B, f'ubllc r{ecords of
Seminole County, florida; run N.03036'5S"w. alony the centerline of Northern Way 175.7B feet;
thence 1\.06.23'05"C. 40.00 feet to a point on the Cast right-of-way line of Nor(hern W"y, <;aid
pOlnt l.>einlJ thc pOint of curvature of i:J curve concave Easterly and havino a radius of 11193.55
feet; run thence Northerlv along said rioht-of-",'av Ilne clod alono the arc of suici curve 309.34
feet thl'ouoh Co central anole of 09021'3{;" to the point of be9inn~ng; thence continue Northerly
~lcno the arc of said curve 453.33 feet throu~h a central anQle of 13.4)'01"; thence run 5.70.
32'lO"C. lS1.El feet; thence N.26012'2~' S. 203.35 feet to the South line of a 110 foot "ide
1'101'1da POwer and Llght Compitny r.as€lncnt; thcnt.:e N.~<o05'37"W. (Jlong sald South Ilne 1611.00
feet to said Cast right-of-way line of Northern Way; t.hence N.2S.22'S5"C. along sald Ca~;t rlght-
Or-wi'y line) 2(;. 74 feet to t.he pOInt of curvature of a r.urve concave Southeasterly and havino il
radlus of 410.00 feet; run thence Nnl'thea<;terly along ti,e arc of sald curve <30.83 feet tnl'ough
il central anlJle of 60.12'23" to the noint of reverse curvature of Cl Cllrv". COncuve Northwesterly
,md !l.)v1ng Cl rilcJiu~ of 298.47 feet; run thence Northeasterly 177.65 feet ulong the arc of suid
curve t.l,rouC;h i\ central angle of 34.06'09" to the Snuth line of 100 foot wide rlorlua Power
Cor~oration Casement; t.hence S.85.10'12"L. ~long said Sout.h line 904.73 feet; t.hence 5.27"45'
05"1.:. 179..07 feet 1:.0 the Nor'therly rigln-of-wlly line of Winter S!"rillgs Doulevnrd. Silld ugllt-
of-....ay line being on a curve concuve Sout.heasterly and having a radlus of 1215.18 feet; thence
from " tilngcnt beilrlno of S.62.14'5S"W. run Southwesterly alono said right-oi-way line f.nd along
the ill'C of saId cllrvp 737.53 feet. through a cent.ral an'll" of 34"46'29" t.o the point of tanoency;
thence 5.27.2U'26"W. 261.56 feet t.o the point of curvature of a curve concave Northwesterly ftnd
h.Jving a radlus of 10B5.92 feet; run t.hence SOuthwesterly alonu the arc of saicl curve 980.49
feet.; thence N.Io022' 19"".. 50.00 feet to the beginning of a curve concave Nort.hwest.erl y and
having a rCldiu5 of ]035.92 f~et.; thence from a tangent bearino of N.79.37'46"E. run Northeasterly
alono t.he arc of saie1 curve 170.78 feet throuoh a central allole of 09.26'44"; thence N.19.4U'
:'U"\~: 315.30 feet; thence N. 89.32' 31 "1\. 419.75 feet to th!' Point Of l.Jeginnlng, containinq there'in
32.9979! acres.
(Page 4 of 15)
TUSCAWILLA PARCEL 15/PARCEL 1
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80('1\
.'\ :; r~....-
r A"i~
, .
2277 048/1
SE~iNCLE t L.
DESCRIPTION:
~
That part of the MAP OF THE PHll.,LIP R. YOUNGE GRANT, as
recorded in Plat Book 1, Pages 35 through 38 of the Public Records of
Seminole County and that part of Sections 5 and 8, Township 21 South,
Range 31 East, Seminole County, Florida, being described as follows:
Begin at the Northeast comer of said Section 8, Township 21 South, Range
31 East, Seminole County, Florida., thence run S 00024'55" E along the
East line of the Northeast 1/4 of said Section 8, for a distance of 205.56
feet to the Point of Intersection of the Northerly Right-of-Way line of the
Lake Charm Branch of the Seaboard Coast Line Railroad (100' R/W) with
the Easterly Right-of-Way line of the Black Hammock Branch of Seaboard
Coast line Railroad, said Point of Intersection being a point on a curve
concave Northeasterly having a radius of 799.85 feet and a chord bearing
of N 49002'35" W; thence run Northwesterly along the arc of said curve
and said Easterly Right-of-Way line through a central angle of 08011 '08"
for a distance of 114.27 feet to a point on a curve concave Northeasterly
having a radius of 651.23 feet and a chord bearing of N 20036'17" W;
thence run along the arc of said curve and said Easterly Right-of-Way line
through a central angle of 54035'00" for a distance of 620.40 feet; thence
run N 06021 '38" E along said Easterly Right-of-Way line for a 1540.55
feet; thence leaving said Easterly Right-of-Way line run S 89032'22" E
along the South Right-of-Way line of State Road No. 434 (60' R/Vl) for a
distance of 131.05 feet; thence run S 00011'57" W along the East line of
the Southeast 1/4 of Section 5, Township 21 South, Range 31 East for a
distance of 1958.31 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Commence at the Northeast comer of Section 8, Township 21 South,
Range 31 East, Seminole County, Florida, thence.run S 00024'55" E along
the East line of the Northeast 1/4 of said .section 8 for a distance of 205.56
feet to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (l00' R/Vl); thence run N 54034'57" W
along said Northerly Right-of-Way line for a distance of 293.14 feet to a
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66056'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24044'10" for a distance of 845.83 feet to the point of tangency;
(Page 5 of 15)
o....:.JSCAWILLA PARCEL 15/PARCEL 1
~. :.. ~- -. -
.' ~)
Pi~G::
800~
thence run N 79018'14" W along said Northerly Right-of-\Vat 1?n~ ~or a 0 4 8 5
distance of 691.26 feet to the point of curvature of a curve conca~~];,liC_;:. co, FL.
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Northerly Right-of-Way line through a
central angle of 11046'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88055'08" W along said Northerly Right-of-Way
line for a distance of 96.48 feet to the Easterly Right-of-Way line of
Proposed Vistawilla Drive and a point on a curve concave Southeasterly
having a radius of 460.00 feet and a chord bearing of N 44053'28" E;
thence run Northeasterly along the arc of said curve and said Easterly
Right-of-Way line through a central anole of 69000'18" for a distance of
554.01 feet to the point of reverse curvature of a curve concave
Northwesterly having a radius of 790.00 feet and a chord bearing of
N 44050'50" E; thence run Northeasterly along the arc of said curve and
said Easterly Right-of-Way line through a central angle of 69005'33" for a
distance of 952.65 feet to the POmT OF BEGINNmG: thence continue
Northerly along said Easterly Right-of-Way line and said curve having a
radius of 790.00 feet and a chord bearing of N 05022'51" E through a
central angle of 09050'25" for a distance of 135.68 feet to a point of non-
tangency; thence run N 06010'16" E along said Easterly Right-of-Way line
for a distance of 100.50 feet; thence run N 00027'38" E along said Easterly
Right-of-\Vay line for a distance of 214.99 feet to the point of curvature of
a curve concave Southeasterly having a radius of 25.00 feet; thence run
Northeasterly along the arc of said curve through a central angle of
90000'00" for a distance of 39.27 feet; thence run S 89032'22" E along a
line that is 25.00 feet South of and parallel with the South Right-of-Way
line of State Road 434 for a distance of 404.53 feet; thence run
N 00027'38" E for a distance of 25.00 feet to said South Right-of-Way
line; thence run S 89032'22" E along said South Right-of-Way line for a
distance of 639.86 feet to the West Right-of-Way line of the Black
Hfu!1I110ck Branch of the Seaboard Coast Line Railroad; thence run
S 06021'38" W along said West Right-of-Way line for a distance of 502.66
feet; thence leaving said West Right-of-\Vay line run N 89032'22" W for a
distance of 1039.34 feet to the POmT OF BEGmNmG.
TOGETHER WITH:
Commence at the Northeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00024'55" E along the
East line of the 'Northeast 114 of said Section 8 for a distance of 205.56 feet
to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard' Coast Line Railroad (lOO' RJW); thence run N 54034'57" W
along said Northerly Right-of-Way line for a distance of 293.14 feet to a
(Page 6 of 15)
7~~SC~~:~~~ ?AR:E~ :5/?hRCEL :
point on a curve concave SOUlhwesterly having a radius of 1959.19 feet and
a chord bearing of N 66056'09" \V: thence run Nonhwesterly along the
arc of said curve and said Northerly Right-of-\Vay line through a central
angle of 24044 '10" for a distance of 845.83 feet to the point of tangency:
thence run N 79018'14" \\7 along said Nonherly Right-of- ,"Vay line for a
distance of 691.26 feet to the point of curvature of a curve concave
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Nonherly Right-of- \Vay line through a
central angle of 11046'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88055'08" \V along said Northerly Right-of-Way
line for a distance of 178.11 to the Westerl;' Right-of-\\7ay line of
Proposed Vistawilla Drive; thence run N 10023'19" E along said Westerly
Right-of- \\7ay line for a distance of 16.23 feet to the point of curvature of a
curve concave Southeasterly having a radius of 540.00 feet; thence run
along the arc of said curve and said Westerly Right-of-Way line through a
central angle of 69000'18" for a distance of 650.36 feet to the point of
reverse curvature of a curve concave Northwesterly having a radius of
710.00 feet and a chord bearing of N 71054 '55" E; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-\Vay
line throu2h a central an2le of 14057'22" for a distance of 185.33 feet to
~ ~
the POINT OF BEGINNING; thence leaving said Westerly Right-of-Way
line run N 30022'39" \\7 along a non-radial line for a distance of 356.04
feet; thence run N 89052'39" \\7 for a distance of 2250.00 feet: Lf1enCe run
N 00007'21" E for a dista..T1ce of 100.00 feet; thence run 1',1 47003 '59" E
ror a distance of 292.95 feet; thence run 1',1 00007'21" E for a distance of
400.00 feet to the SOUt.J.1 Right-of-\Vay line of State Road No. 434 (60'
R!\V); tJ.1ence run S 89052'39" E along said South Right-of-\Vay line for a
distance of 1580.00 feet; thence run S 89032'22" E along said South Right-
of- \Vay line for a distance of 611.08 feet; thence leaving said South Right-
of-\Vay line run S 00027'38" W for a distance of 25.00 feet; thence run
S 89032'22" E along a line 25.00 feet South of and parallel with said South
Right-of-Way line for a distance of 395.00 feet to the point of curvature of
a curve concave Southwesterly having a radius of 25.00 feet; thence run
Southeasterly along the arc of said curve through a central angle of
90000'00" for a distance of 39.27 feet; thence run S 00027'38" W along
the Westerly Right-of-Way line of Proposed Vistawilla Drive for a distance
of 214.99 feet; thence run S 05015'00" E along said Westerly Right-of-
Way line for a distance of 100.50 feet to a point on a curve concave
Northwesterly having a radius of 710.00 feet and a chord bearing of
S 32026'56" W; thence run Southwesterly along the arc of said curve and
said Right-of-\Vay line through a central angle of 63058'36" for a distance
of 792.79 feet to the POINT OF BEGINNING.
Together containing a total of 66.968 acres more or less and being subject
to any rights-of-\vay, restrictions aI1d easements of record.
(Page 7 of 15)
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'"':;SC.r..W!L:.J-. PARC:SL :S/PJ..RCEL 2
DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole
County ar:d that pan of Section 5, Township 21 South, Range 31 East,
Seminole County, Florida, being described as follows:
Commence at the Northeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00024'55" E along the
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet
to the Northerly Right-of-Way line of the Lak~ Charm Branch of the
Seaboard Coast Line Railroad (l00' R/W); thence run N 54034'57" W
along said Northerly Right-of-Way line for a distance of 293.14 feet to a
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66056'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-\Vay line through a central
angle of 24044'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79018'14" W along said Northerly Right-of-Way line for a
distance of 162.82 feet to the POINT OF BEGINNING; thence continue
N 79018'14" W along said Northerly Right-of-Way line for a distance of
528.44 feet to the point of curvature of a curve concave Southwesterly
havi..T1g a radius of 2612.09 feet; thence run Northwesterly along the arc of
said curve and said Northerly Right-of- '\-Vay line through a central angle of
11046'38" for a distance of 536.92 feet to the point of tangency; thence run
S 88055'08" W along said Northerly Right-of-Way line for a distance of
96.48 feet to the Easterly Right-of-Way line of Proposed Vistawilla Drive
and a point on a curve concave Southeasterly having a radius of 460.00 feet
and a chord bearing of N 44053'28" E; thence run Northeasterly along the
arc of said curve and said Easterly Right-of- Way line through a central
angle of 69000'18" for a distance of 554.01 feet to the point of reverse
curvature of a curve concave Northwesterly haviIlg a radius of 790.00 feet
arId a chord bearing of N 44050'50" E; thence run Northeasterly along the
arc of said curve and said Easterly Right-of-Way line through a central
angle of 69005'33" for a distance of 952.65 to a point of non-tangency;
thence leaving said Easterly Right-of-\Vay line run S 89032'22" E along a
non-radial line for a distance of 1039.34 feet to the Westerly Right-of-Way
line of the Black Hammock Branch of the Seaboard Coastline Railroad;
thence run S 06021'38" W along said Westerly Right-of-Way line for a
distance of 525.90 feet to the point of curvature of a curve concave
Westerly having a radius of 552.67 feet and a chord bearing of
S 12032'48" \V; thence run Southwesterly along the arc of said curve and
said Westerly Right-of-Way line through a central angle of 12022'20" for
a distance of 119.34 feet to a point on a curve concave Northwesterly
(Page 8 of 15)
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having a radius of 656.13 feet and a chord bearing of S 51012'30" \V;
thence run Southwesterly along the arc of said curve and said Westerly
Right-of-Way line through a central angle of 77002'04" for a distance of
882.17 feet to a point on a curve concave Northerly having a radius of
799..85 feet and a chord bearing of N 85021'14" W; thence run
Northwesterly along the arc of said curve and said \Vesterly Right-of-Way
line and along the arc of said curve through a central angle of 12005'59"
for a distance of 168.91 feet to the Point of Intersection of said Westerly
Right-of-Way line with the Northerly Right-of-\Vay line of said Lake
Charm Branch of the Seaboard Coastline Railroad Right-of-Way and the
POINT OF BEGINNING.
TOGETHER WITH:
Commence at the Northeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida; thence run S 00024'55" E along the
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet
to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (lOO' R/W); thence run N 54034'57" W
along said Northerly Right-of-Way line for a distance of 293.14 feet to a
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66056'09" W; thence run Northwesterly along the
arc of said curve furd said Northerly Right-of-Way line through a central
angle of 24044'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79018'14" W along said Northerly Right-of-Way line for a
distance of 691.26 feet to ~"'1e point of curvature of a curve concave
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Northerly Right-of-\Vay line through a
central angle of 11046'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88055'08" W along said Northerly Right-of-Way
line for a distance of 178.11 feet to the Westerly Right-of-Way line of
Proposed Vista willa Drive and the POINT OF BEGINNING; thence run
N 10023'19" E along said Westerly Right-of-Way line for a distance of
16.23 feet to the point of curvature of a curve concave Southeasterly
having a radius of 540.00 feet; thence run Northeasterly along the arc of
said curve and said Westerly Right-of-Way line through a central angle of
69000'18" for a distance of 650.36 feet to the point of reverse curvature of
a curve concave Northwesterly having a radius of 710.00 feet and a chord
bearing of N 71054'55" E; thence run Northeasterly along the arc of said
curve and said Westerly Right-of-Way line through a central angle of
14057'22" fora distance of 185.33 feet; thence leaving said Westerly Right-
of-Way line run N 30022'39" W along a non-radial line for a distance of
356.04 feet; thence run N 89052'39" W for a distance of 3675 feet more
(Page 9 of 15)
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or less to the centerline of Howell Creek; thence run Southerly along the
centerline of Howell Creek for a distance of l050 feet more or less to the
Northerly Right-of-Way line of Lake Charm Branch of the Seaboard
Coastline Railroad; thence run N 88055'08" E along said Right-of-Way
line for a distar.ce of 3153 feet more or less to the POINT OF
BEGINNING.
Together containing a total of 104.0 acres more or less and being subject to
any right-of-way, restrictions and easements of record.
(Page 10 of 15)
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DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole
County, Florida, b~ing describ~d as follows: .
Commence at the Southeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00024'55" E along the
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet
to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (100' RIW); thence run N 54034'57" W
along said Northerly Right-of-Way line for a distance of 293.14 feet to a
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66056'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24044'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79018'14" W along said Northerly Right-of-Way line for a
distance of 691.26 feet to the point of curvature of a curve concave
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Northerly Right-of-Way line through a
central angle of 11 046'38" for a distance of 536.Y2 feet to the point of
tangencv; thence run S 88055'08" W along said Northerlv Right-of- Wav
...... -' - "'" '- .I
line for a distance of 178.11 feet to the Westerly Right-of-\Vay line of
Vista willa Drive; thence run N 10023'19" E along said \Vesterly Right-of-
Way line for a distance of 16.23 feet to the point of curvature of a curve
concave Southeasterly having a radius of 540.00 feet; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-\Vay
line through a central angle of 69000'18" for a distance of 650.36 feet to
the point of reverse curvature of a curve concave Northwesterly having a
radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-Way
line through a central angle of 14057'22" for a distance of 185.33 feet;
thence leaving said Westerly Right-of-Way line run N 30022'39" Walong
a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W
for a distance of 2250.00 feet to the POINT OF BEGINNING; thence run
N 00007'21" E for a distance of 100.00 feet; thence run N 47003'59" E
for a distance of 292.95 feet; thence run N 00007'21" E for a distance of
190.00 feet; thence run N 89052'39" W for a distance of 311.14 feet;
thence run N 00007'21" E for a distance of 210.00 feet to the South Right-
'-'
of-Way line of State Road No. 434 (60' RAY); thence run N 89052'39" \V
along said South Right-of-Way line for a distance of 522.20 feet; thence
run S 89032'14" W along said South Right-of-Way line for a distance of
850 feet more or less to the centerline of with Howell Creek; thence run
(Page 11 of 15)
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Southerly along the centerline of Howell Creek for a distance of 950 feet
more or less to a point in said centerline of Howell Creek lying
N 89052'39" W a distance of 1425 feet more or less from the POINT OF
BEGINNING; thence run S 89052'39" E for a distance of 1425 feet more
or less to the POINT OF BEGINNING. ~
Containing 25.2 acres more or less and being subject to any right-of-way,
restrictions and easements of record.
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DESCRIPTION:
-
That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book 1, Pa~es 35 throu~h 38 of the Public Records of Seminole
.... ....
County, Rorida, beirlg described as follows: ~
Commence at the Southeast comer of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00024'55" E along the (f'l "'-.)
rn
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet ;,e;: -.,
to the Northerly Right-of-Way line of the Lake Charm Branch of the ;=: -...,
Seaboard Coast Line Railroad (100' Rj\V); thence run N 54.:'34'57" W r-l",
along said Northerly Right-of-Way line for a distance of 293.14 feet to a ..., 1:',:::: :"';
point on a curve concave Southwesterly having a radius of 1959.19 feet and ~,: ;,;; ~; ;:;
a chord bearing of N 66056'09" W; thence run Northwesterly along the ..~,,' 11
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24044'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79018'14" W along said Northerly Right-of-\Vay line for a
distance of 691.26 feet to the point of curvature of a curve concave
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Northerly Right-of-Way line through a
central angle of 11046'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88055'08" W along said Northerly Right-of-\Vay
line for a distance of 178.11 feet to the Westerly Right-of-Way line of
Proposed Vistawilla Drive; thence run N 10023'19" E along said Westerly
Right-of-Way line for a distance of 16.23 feet to the point of curvature of a
curve concave Southeasterly having a radius of 540.00 feet; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-Way
line throu~h a central an~le of 69000'18" for a distance of 650.36 feet to
.... ....
the point of reverse curvature of a curve concave Northwesterly havD.lg a
radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-Way
line through a central angle of 14057'22" for a distance of 185.33 feet;
thence leaving said Westerly Right-of-Way line run N 30022'39" Walong
a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W
for a distance of 2250.00 feet; thence run N 00007'21" E for a distance of
100.00 feet; thence run N 47003'59" E for a distance of 292.95 feet;
thence run N 00007'21" E for a distance of 190.00 feet to the POINT OF
BEGINNING; thence continue N 00007'21" E for a distance of 210.00
feet; thence run N 89052'39" W along the South Right-of-Way line of
State Road 434 (60' RIW) for a distance of 311.14 feet; thence run
S 00007'21" W for a distance of 210.00 feet; thence run S 89052'39" E
for a distance of 311.14 feet to the POINT OF BEGINNING.
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Containing 1.500 acres more or less and being subject to any rights-of-
way, restrictions and easements of record.
(Page 13 of 15)
PARCE:LS 15 and 80
(Canbined)
DESCRlP'T1ON:
All that part of die l4ap of ttte Phillip .R. Yoa~ Grant as recorded in
Piat BooC 1. Pqa 35 tbrowgh ~ of the Public Recocds of Seminole
Count)'. Florida ad a portion of che Sotirheast. 1/4 of.. Section S and a
portion of the Nonbeast 1/4 of'Section !. Township 21 South. Range
31 E.ut, Seminoie County, Flond1, lying South of S.R. ~)4, (old S.R.
419r, North of Ute Lake 01Mm .Branch of the Seaboard C~!t Line
Railroad and East of GARDEN A FARMS, TOWN SITES as recorded in
Plat Booi: 6. Page 39 of the Public Records of Seminole County,
Florid~, le~ Riqht-- Of - Way for B lock Hammock Broncl'\ of the S.C.L.
Roil rood.
All together contOlning 278.322 acres more or less.
(Page 14 of 15)
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Lot~ 1 ~!nd :::. Block A. D.R. \llTClIELL'S SeRVEY Or- TIlE LEVY GR:\~T
:\ccordin; to the rl:ll rcc()rded in Pl:lt Goo\.: 1. r:\~e ~. of the Puh\ic Records
or S c m I no k C 0 u n t \'. rI 0 r i cb.
Con :;1 i n i n g :::0.7 acres more or less.
(Page 15 of 15)
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C/BJM
6786062PCU
07/30/90.1
EXHIBIT "B"
PERMITTED COMMERCIAL USES
following uses are permitted in the Tuscawilla PUD:
Administrative public buildings;
Advertising agencies;
Alcoholic beverage sales (package);
Alcoholic beverage, on-premises consumption, provided
food is also served;
Alterations and tailoring, shops and services;
Antique and gift shop;
Appliances, sales and service;
Artists' studios;
Attorneys;
Automotive accessories sales;
Bakery, retail;
Bathroom accessories;
Bicycles, sales and service;
Bookstores, stationery, newsstands;
Bookkeepers;
Bowling alleys, provided either (i) no building may be
located nearer than two hundred fifty (250) feet to
any residential property line or (ii) the proposed
developer shall provide reasonable evidence that noise
emanating from inside such building cannot be heard
from residential property within the Tuscawilla PUD;
Butcher shop, retail only;
Carpets, rugs and linoleum;
Car wash, automated and enclosed, similar to Shiners
and those associated with gasoline service stations;
Churches;
Cleaners;
Coin dealers;
Computers, hardware and software sales and service;
Confectionary and ice cream stores;
Convenience stores and markets, including those which
sell gasoline, provided gasoline pumps shall not be
located within two hundred fifty (250) feet of any
residential property line;
Dance and music studios;
Day nurseries, kindergartens and day care;
Drug and sundry stores;
Employment agencies;
Financial institutions, banks, savings and loan;
Florist and gift shops;
Full and self service gas stations (major oil
companies), including those providing mechanical
repair service, car washes and convenience stores,
provided these are located adjacent to State Road 434
and no gasoline tanks are located within two hundred
fifty (250) feet of any residential property line;
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6786062PCU
07/30/90.1
Furniture, retail;
Grocers, retail; those whose business include and are
limited to the retail sale of groceries including
produce, meats and household goods, but shall not
include the sale of gasoline;
Hardware stores;
Health food;
Hobby and craft shops;
Hospitals and nursing homes;
Ice, retail, when associated with another permitted
use;
Insurance;
Interior decorating and draperies;
Jewelry stores;
Libraries;
Loan companies;
Locksmiths;
Luggage shops;
Medical clinics and laboratories;
Outdoor advertising signs sales offices;
Paint store;
Parking garages when associated with another permitted
use;
Pets shops and grooming;
Photographic studios;
Physical fitness and health clubs;
Post office;
Private clubs and lodges;
Quick printers;
Radio and TV broadcasting studios, excluding towers;
Radio, TV, video and stereo sales and service;
Rental shops;
Regulated professions, offices and professions
licensed and regulated by the department of
professional regulation pursuant to F.S. Ch. 455 and
F.S. S20.80, as now existing or as hereafter amended;
Restaurants;
Schools, public, private and parochial, service
vocational schools (such as cosmetology, medical and
dental assistant's training) requiring no mechanical
equipment;
Shoe repair shops;
Skating rinks, provided either (i) no building may be
located nearer than two hundred fifty (250) feet from
any residential property line or (ii) the proposed
developer shall provide reasonable evidence that noise
emanating from inside such building cannot be heard
from residential property within the Tuscawilla PUD;
Sporting goods, retail, such as Sports Unlimited,
Sports Authority, ashman's, Robby's and specialty
sporting goods stores;
Swimming pools; sales, service and supplies and
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6786062PCU
07/30/90.1
contractors associated therewith;
Taxidermists;
Telephone business office and exchanges;
Theaters, not drive-ins;
Title companies;
Tobacco shops;
Toy stores;
Travel agencies;
Wearing apparel stores;
Hairstylist, barber shops, beauty shops;
Musical instruments, sales and service;
Record stores, music stores;
Optical services and sales; ;~
Camera shops, Photographic stores, Photo developers;
Party supplies and services;
Doctors, Dentists;
Department stores and clothing stores, such as
Burdines, Iveys, Jordan Marsh, Ross, Marshalls,
K-Mart, Wal-Mart, Target, Service Merchandise;
Fast food restaurants, including drive-through
services;
Specialty groceries and foods, such as Petty's,
Barney's, delicatessens;
Office buildings and office parks, general;
New car dealerships and customary associated services;
Tire stores and services customarily associated
therewith, such as Firestone, Goodyear, Allied
Discount Tires, Sears, K-Mart;
Automotive services, specialized such as oil change
and tune up centers;
Boat sales and services (new), including customarily
associated services;
Retail sales: Building and Plumbing supplies,
including those associated with hardware stores, such
as Tru-Value, Ace, Scotty's, Handy Dan's, Builders
Square, Home Depot, etc.;
Cabinet sales, retail;
Cold storage and frozen food lockers when used in
conjunction with a primary use such as grocery,
restaurant and similar uses;
Manufacturing and assembly of scientific and optical
precision instruments;
New recreational vehicle dealerships and customarily
associated services uses;
Roofing, retail sales, when associated with another
permitted use;
Mini-Warehouses and storage;
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Pest control and exterminating services, offices, no
chemical storage;
Nursery products and supplies, plants, trees and
associated uses, including stores such as Frank's
Nursery, White Rose, etc., not including manufacturing
and wholesale distribution of bulk materials;
Home improvement stores such as Scotty's, Builder's
Square, Home Depot; and
Video stores, sales and rentals.
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2. The parties agree that intended uses hereunder include those
normally associated with retail commercial areas and
shopping centers. It is the intent of the parties that this
list is not all inclusive of permitted Commercial uses,
provided that additional Commercial uses shall be subject to
the approval of the City Commission. The uses hereunder may
be free-standing or part of an attached shopping center.
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6786062PCU
07/30/90.1
EXHIBIT "l="
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LAND USE
C!lmEl!I SINGLE FAMILY
fi'II MULTI FAMILY
1.".',,1 COMMERCIAL
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TUSCAWILLA
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