HomeMy WebLinkAboutHighlander Investments, LTD Pre-Annexation Development Agreement -2004 11 03
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 05516 PGS 1320-1342
CLERK'S I 2004176595
RECORDED 11/1&/2004 09:15:29 AM
RECORDING FEES 197.00
RECORDED BY J EckeoToth
TillS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
~thonY Garganese
City Attorney of Winter Springs
rown Garganese, Weiss & D' Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 3280 1
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
PRE-ANNEXATION DEVELOPER'S AGREEMENT
THIS PRE-ANNEXATION DEVELOPER'S AGREEMENT (the "Agreement") is
made and executed this 20th day of September, 2004, by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434,
Winter Springs, Florida 32708, and HIGHLANDER INVESTMENTS, LTD., a Florida
limited partnership ("Highlander"), whose address is 6966 Venture Circle, Orlando, Florida
32807.
WIT N E SSE T H:
WHEREAS, Highlander is the fee simple owner of certain real property currently
located in unincorporated Seminole County, Florida and more particularly described in Exhibit
" A" attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the City intends to annex the Property pursuant to the procedures
established under Section 171.0413, Florida Statutes or if the City deems necessary, the City
will pursue annexation under Section 171.044, Florida Statutes; and
WHEREAS, Highlander consents to the proposed annexation of the Property, provided
that Highlander is able to develop the Property as a single-family residential (townhouse)
community with individual fee simple owned units and a common area (the "Project") as
depicted in that certain Concept Plan, entitled Jessup Reserve Winter Springs Town Center,
dated August 23, 2004, and prepared by Canin Associates under Job No. 204070, consisting of
seven (7) sheets including a concept plan, typical front elevations and colors for townhome
buildings, floor plans for 2 and 3 story units, and a proposed elevation and floor plan for the pool
building (collectively referred to as the "Concept Plan"), a copy of which is attached hereto as
Exhibit "B" and incorporated herein by this reference, and in accordance with the terms and
conditions of this Agreement; and
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 1 of 17
WHEREAS, the City and Highlander desire to set forth the following special terms and
conditions with respect to the proposed annexation of the Property and development of the
Project.
NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Annexation. Highlander acknowledges and agrees that the City intends to annex
the Property in accordance with Section 171.0413, Florida Statutes. The City has agreed to enter
into this Agreement as an inducement to Highlander to grant its consent to such annexation. In
the event that the City fails to complete the foregoing annexation, Highlander hereby agrees to
apply for and pursue a voluntary annexation of the Property into the City pursuant to Section
171.044, Florida Statutes, provided that the other terms and conditions of this Agreement are
satisfied.
4. Obli2ations and Commitments. In consideration of the City and Highlander
entering into this Agreement, and as an inducement for Highlander to consent to the annexation
of the Property into the City, the City and Highlander hereby agree as follows:
(a) Approval of Concept Plan. The City hereby acknowledges and agrees
that the Concept Plan is acceptable; provided, however, Highlander shall have the
obligation to further submit and obtain the City's approval of a final subdivision plan and
final engineering plans. Highlander acknowledges and agrees that the Concept Plan was
not prepared with specific surveyed dimensions and that during the final subdivision and
final engineering process such dimensions shall be surveyed, duly engineered, and
provided to the City. Further, the elevations and roof lines depicted in the Concept Plan
for the townhome buildings will have to be adjusted to the City's satisfaction in order to
accommodate a different number of units than what is shown in the Concept Plan.
Moreover, Highlander understands that the City will require that the color of the
townhome buildings be varied from building to building. As such, Highlander and the
City agree that the Concept Plan is intended to be conceptual in nature and subject to
reasonable adjustments at the final subdivision and final engineering phase in order to
bring the Project into compliance with the City Code.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Concept Plan. Highlander
acknowledges and agrees that offsite improvements may be necessary, at Highlander's
cost, to provide water and sewer service to the Property including, but not limited to,
force main, lift station and pump upgrades. Further, all water and sewer improvements
required on-site to service the Property shall be at Highlander's expense.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 2 of 17
~
(c) Roadwavs: Collector Road Unless otherwise provided in this paragraph,
all roadways shall be designed and constructed pursuant to the Town Center District
Code. In order to facilitate the safe, efficient and orderly flow of traffic throughout the
Winter Springs Town Center, the City desires to have a collector road running through the
Property which connects with Doran Drive located across S.R. 434 and eventually
connecting too, and running through, the adjacent property to the east (Ondick Property)
to Tuskawilla Road ("Collector Road"). The Collector Road shall serve as the primary
entrance to the Project from S.R. 434. The Collector Road shall be designed, located and
constructed in accordance with the Concept Plan and shall consist of three different
design segments. The S.R. 434 entrance shall consist of an Urban Boulevard design and
connect to a Neighborhood Street. The design requirements for the Urban Boulevard and
Neighborhood Street are set forth in the Town Center District Code. The Neighborhood
Street shall connect to a modified Edge Drive design which is attached hereto as Exhibit
"C" and incorporated herein by this reference. The City agrees to promptly amend the
Town Center Transportation Master Plan to incorporate the Collector Road into said Plan.
Further, the parties acknowledge that the City is currently in the process of amending its
Comprehensive Plan (Transportation Element Policy 1.5.14) to eliminate the bike lane
requirement for collector roads within the Town Center and that upon final approval of
the amendment, the bike lane will not be required for the Collector Road. Subject to final
City approval, Highlander agrees to design, permit, and construct that portion of the
Collector Road located on their Property; provided, however, the City shall reimburse
Highlander for the reasonable costs thereof. For purposes of this Agreement, (i) the
design costs shall include the costs and expenses of land surveying, civil engineering,
landscape architecture, irrigation design, electrical engineering and lighting design, and
(ii) the construction costs shall include the costs and expenses for clearing, grubbing and
earth excavation, and for the construction of all storm drainage facilities, Progress Energy
approved decorative street lights, landscaping, hardscape, irrigation, sidewalks, curbs,
pavement, striping, signage and any required additional offsite improvements related to
the Collector Road (all of the foregoing costs and expenses are hereinafter collectively
referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses
also benefit other aspects of the Project not related to the Collector Road (e.g.,
stormwater improvements for the buildings and common areas), the City shall only be
responsible for reimbursing the proportionate share of the particular expense related to
the Collector Road. The City shall reimburse Highlander in the amount of the Roadway
Expenses within ninety (90) days after the Collector Road has been completed and
accepted by the City. At the City's option, the City may provide transportation impact fee
credits to Highlander to be applied to the Roadway Expenses owed by the City. In the
event the City elects to provide such credits, the payment of the transportation impact fee
credits by Highlander shall be reconciled at the time the Collector Road is accepted by
the City. If the Roadway Expenses exceed the amount of the transportation impact fee
credit, the City shall reimburse Highlander, by check, the amount of the Roadway
Expense in excess of the transportation impact fee credit. On the other hand, if the
Roadway Expenses are less than the amount of the transportation impact fee credit,
Highlander shall pay the City, by check, the amount of the transportation impact fee in
excess of the Roadway Expenses.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 3 of 17
Highlander agrees that all Roadway Expenses shall be subject to an informal
competitive bid process under which Highlander shall obtain three (3) written quotes or
bids. Each quote or bid shall be submitted to the City for review and approval prior to
Highlander entering into any contract for the design, permitting and construction of the
Collector Road. Highlander further agrees that at the time reimbursement for any
Roadway Expense is requested, Highlander shall provide the City with a copy of all
applicable invoices, receipts, warranties, maintenance bonds, and documentation,
including all change orders, which shall clearly evidence each reimbursable Roadway
Expense. The City shall not be responsible for reimbursing any Roadway Expense which
can not be properly and reasonably documented in writing. The City shall not
unreasonably withhold any approvals required under this paragraph.
Highlander agrees to convey to the City that portion of the Collector Road located
on the Property and all other roadways (excluding alleyways) depicted on the Concept
Plan, along with all related improvements thereon and thereunder. All such land
conveyances shall be by a recorded plat and free and clear of all encumbrances.
Conveyance of improvements shall be by bill of sale and free and clear of all liens. The
plat and bill of sale shall be in a form acceptable to the City Attorney.
(d) Construction of Neiehborhood Street on Eastern Boundary The
parties acknowledge that the Concept Plan requires that a Neighborhood Street be
constructed along the eastern boundary of the Property running perpendicular with S.R.
434. Said Neighborhood Street shall be designed and aligned as a fully functional
intersection with Cliff Rose Drive located across S.R. 434. However, Highlander only
owns half of the property that is required to fully construct said street. As such, unless
additional lands are made available to construct the full width of the street prior to
platting, Highlander shall plat only half of the Neighborhood Street with the
understanding that the City desires that the other half of the street be provided by the
adjacent property owner (Ondick) in the future. Highlander agrees to convey the half
portion of the Neighborhood Street to the City by recorded plat. Said conveyance shall
be in the same manner as the Collector Road. Upon conveyance, the City will design,
permit, and construct the Neighborhood Street at such time the City acquires the full
amount ofland that is required to construct the full width of the street. Notwithstanding,
the City, at its option, may construct the half portion of said street located on the
Property, provided the City can successfully acquire a temporary construction easement
from the adjacent property owner. If the construction easement cannot be obtained, the
City shall construct a sidewalk on the half portion of street for the benefit of the
townhome units that will be fronting said street. Because the parties acknowledge and
agree that the final construction of this Neighborhood Street will require future land
acquisition by the City and phased construction, the timing of which is uncertain, the City
Commission hereby waives the provisions of Section 9-152 and 9-154 prohibiting Yz
platted streets and requiring cul-de-sacs at dead ends.
(e) Construction of Stormwater Improvements. Highlander shall design the
Project to accommodate the stormwater requirements for the Property, including the
roadway improvements to be located adjacent to and/or within the Project. The City shall
permit Highlander to use any existing City rights-of-way and/or easements to
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 4 of 17
accommodate stormwater generated from the Property, provided said use is deemed
acceptable and feasible by the City. Highlander shall provide any additional property that
is necessary to accommodate stormwater generated from the Property. At the City's
request, Highlander agrees to design, permit and construct oversized stormwater facilities
to service adjacent properties and the extension of the Collector Road from the Property
to Tuskawilla Road. The City shall reimburse Highlander for the full cost of oversizing
said facilities in accordance with the procedures set forth in paragraph 3( c) herein.
(f) Installation of Utility Lines bv Hie:hlander. Highlander hereby
acknowledges and agrees that all overhead utilities along the frontage of the Project shall
be installed underground along the boundary of the Property with S.R. 434. By recorded
plat, Highlander shall convey to the City a utilities easement, fifteen (15) feet in width,
along the entire northern boundary of the Property adjacent to S.R. 434 in a form
acceptable to the City Attorney.
(g) Easement for Traffic Sie:nal. Within thirty (30) days of the effective date
of this Agreement, Highlander shall grant and convey to the City two 1 O'x 10' easement
areas, in a form and in locations mutually acceptable to Highlander and the City, within
the Property at the intersection of Doran Drive and S.R. 434, to facilitate the City's
installation, maintenance and repair of traffic signal facilities at the City's sole cost and
expense. Highlander acknowledges that the design, permitting and installation of the
traffic signal is expected to take the City at least nine (9) months to complete.
(h) Town Center Code Waivers. Based on the Concept Plan and
Highlander's agreement to the terms and conditions set forth in this Agreement, the City
Commission hereby grants the following waivers to the Town Center District Code
pursuant to the special exception criteria enumerated in Section 20-321(c):
(1) The buffer wall requirement along the southern perimeter boundary as
required by Section 20-417.
(2) The frontage road required by Section 20-325(c)(8), except as shown on the
Concept Plan.
(3) The Edge Drive requirements set forth in Section 20-325( c )(11) and the
Squares, parks, and streets map in Section 20-325( c), provided the Collector Road and
other streets are designed, permitted, and constructed in accordance with the Concept
Plan. In addition, the Collector Road shall comply with the modified Edge Drive section
plan attached hereto as Exhibit "C" and a total of a minimum of one hundred and three
(103) on-street guest parking spaces are provided for the Project on the Property.
(i) TrashlRefuse Pick-up. No trash dumpster shall be located on the
Property. Trash and refuse service to the townhome units and common areas will be
provided for each individual townhouse unit or area by individual containers and pickup
shall be required in the alleys depicted on the Concept Plan.
(j) Wall Reauirement. In accordance with Section 20-417, Winter Springs
City Code, Highlander shall construct an opaque wall of six (6) feet in height along the
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 5 of 17
full length of the western property line excluding the frontage road. Vegetative screening
shall also be provided along the western property line excluding the frontage road.
(k) Mandatorv Homeowner's Association ReQuired. Highlander shall form
a mandatory homeowners association (the "Homeowners' Association") for purposes of
maintaining any and all common areas, landscaping, entrance signs, walls, fences,
recreational areas, and stormwater facilities associated with the Project. A separate
Declaration of Covenants, Conditions and Restrictions (the "Declaration") will be
executed and recorded among the Public Records of Seminole County, Florida to
evidence the formation of the Homeowners' Association and establish its rights, duties
and obligations. The Declarations shall be in a form acceptable to the City Attorney and
shall require the Homeowners' Association, and the members thereof, to be bound by the
terms and conditions of this Agreement.
(1) Construction and Use of Model Homes. Prior to the recording of the
final plat, the City agrees to permit Highlander to construct model townhouse units under
the following conditions:
(1) The model townhouse units shall be contained in a single building and
shall not exceed five (5) individual units.
(2) The model townhouses shall remain under Highlander's ownership and
control until such time as the final plat is recorded by the City and a final certificate of
occupancy for each unit is issued under the conditions set forth below. In other words,
Highlander shall not contract for sale, sell, or lease any of the individual model
townhouse units until such time as the City approves and records the final plat for the
Project and issues a final certificate of occupancy for each unit.
(3) The model townhouse units shall be located along the Urban Boulevard
depicted on the Concept Plan.
(4) Prior to construction, the model townhouses shall be duly permitted by the
City in accordance with all City Codes. As part of the building permit application,
Highlander shall submit, along with all construction plans for the townhouse units, a duly
certified boundary survey which shall depict the location and legal description of the
model townhouse site and each individual model townhouse lot. Highlander
acknowledges and agrees that this legal description is intended to coincide with the
eventual location of the townhouse lots as depicted and legally described on the final plat.
Highlander assumes full and complete responsibility and liability in the event that said
legal descriptions do not conform to the lot lines required by the City in the final plat.
(5) At such time the Building Official completes and approves a final
inspection of the model townhouse units, the City will issue a temporary certificate of
occupancy. Said temporary certificate of occupancy shall be issued for the model
townhouse building as a whole, not by individual units. Occupancy of the townhouse
units shall be limited to the sale and marketing efforts for the Project. In addition,
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 6 of 17
Highlander shall have the right to utilize one garage in the model townhouse building as a
temporary sales office.
(6) At the request of Highlander or at such time the Project development is
completed, whichever occurs sooner, the model townhouse units shall be converted into
permanent residential units and the City shall issue individual certificates of occupancy
for each model townhouse unit; provided, however, the final plat is approved and
recorded by the City and the Building Official determines that the units are suitable for
permanent residential occupancy and in compliance with the City Code.
(m) Ri!!ht-of-wav alon!! Southern Border of Property. The parties
acknowledge and agree that an unimproved right-of-way owned by the City is located
along the southern perimeter of the Property and abuts the adjacent Tuskawilla Trails
manufactured home park. The City agrees that Highlander shall have the nonexclusive
use of the right-of-way for purposes of constructing an alley and vegetative screening as
depicted on the Concept Plan and approved by the City. The vegetative screening shall
be installed and maintained along the entire southern boundary of the right-of-way for
purposes of screening the Project from Tuskawilla Trails. In consideration of receiving
the nonexclusive benefit of using this right-of-way to enhance the Project, Highlander
agrees, at its cost, to maintain at all time said right-of-way, and all Project improvements
thereon, in a good and reasonable condition.
(n) Recreational Area. Highlander shall be required to provide and
maintain a recreational area within the Project in accordance with the Concept Plan and
final engineering plans approved by the City.
(0) Guest Parkin!! Spaces. Highlander shall construct a mInImUm of
one hundred and three (103) on-street guest parking spaces within the Project.
(p) Development Permit Fees. Highlander agrees to pay all ordinary and
customary development permit fees imposed by the City including, but not limited to,
application, building, and impact fees. The City agrees, however, that the annexation,
town center future land use map comprehensive plan amendment, and town center
rezoning application fees are hereby waived. Such fees are waived in consideration of
Highlander's agreement to fully cooperate with the City's efforts to administratively
process such applications in furtherance of the Town Center policies contained in the
City's Comprehensive Plan.
5. Representations of the Parties. The City and Highlander hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Highlander and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terms and conditions of this Agreement.
Highlander represents that it has voluntarily and willfully executed this Agreement for purposes
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 7 of 17
of binding the Property and the Homeowners' Association, and the members thereof,Jo the terms
and conditions set forth in this Agreement.
6. Successors and Assifms. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Highlander and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7. Applicable Law. This Agreement shall be governed by and construed III
accordance with the laws of the State of Florida.
8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9. Entire Aereement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Highlander as to the subject
matter hereof.
10. Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
11. Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
12. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
13. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Highlander is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
14. Sovereien Immunitv. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under the state and federal law.
15. City's Police Power. Highlander agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 8 of 17
17. Third-Party Ril!hts. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19. Attornev's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Highlander or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Highlander is in breach of any term and condition of this Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 9 of17
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
enzo Luaces, City Clerk
~ ' . .
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
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By:
Dated:
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 10 of 17
.~~
Signature ofWitness~ -
~~ ~~y~
Printed Name of Witness '
HIGHLANDER INVESTMENTS, LTD., a
FIOriU.f\ ,~ . led P p~artnershil '
By: \U-JJ M (j
Printed Name: 1:>~)~ W. J'j~J...<-c'd
Title: fflE::5
Signed, sealed and delivered in the
presence of the following witnesses:
~ I1lE~
~ture of Witness .&>. ~
WL)4. P1, '// /f/ sCJIt/
Printed Name {-Witness
STATE OF FLORIDA
COUNTY OF ~ /"'4 ""l9 "2... .
The foregoing instrument, was acknowledged before me this ~ r-6 day of
~r/ , 2004,by~~d/...t/.~c~-'d , as ~".~d'~
of HIGHLANQERJ'NVESTMENfS;- ., a Florida limited partnership, on behalf of said
partnership. ~e is pers~n. ally known to me produced as
identificatio .
(NOTARY SEAL)
(Print Name) .
Notary Public, State
Commission No.:
My Commission Expires:
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 11 of 17
-
EXHIBIT" A"
Legal Description
Parcel 36-20-30-502-0000-0020:
That part of the unplatted part of Block B of Mitchell's Survey of the Levy Grant described as
beginning at a point 1186 feet North 38045' West of the most Easterly Comer of that part of said
Block B lying South West ofthe Sanford-Oviedo Road and running North 38045' West 400 feet
along the Westerly line of the Sanford-Oviedo Highway; thence South 51015 ' West 351.1 Feet;
thence South 22015' East 417.6 feet; thence North 51015' East 470.78 feet to the Point of
Beginning, all in Block B of Mitchell's Survey of the Levy Grant, according to plat thereof as
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, Less and Except
the right of way for State Road 434, formerly Sanford-Oviedo Road.
TOGETHER WITH:
Parcel #36-20-30-502-0000-0040:
Beginning at the most Easterly comer of Block B, ofD.R. Mitchell's Survey of the Levy Grant,
recorded in Plat Book 1, Page 5, lying on the South and West side of the paved road from
Sanford to Oviedo; thence along the Southwesterly side of said paved road North 38 degrees 45
minutes West 986 feet for the point of beginning; thence North 38 degrees 45 minutes West 100
feet; thence South 51 degrees 15 minutes West 250 feet; thence South 38 degrees 45 minutes
East 100 feet; thence North 51 degrees 15 minutes East 250 feet to the Point of Beginning; Less
and except right-of-way for State Road 434.
TOGETHER WITH:
Parcel #36-20-30-502-0000-004B:
Beginning at the most Easterly comer of that part of Block "B" of the D. R. Mitchell Survey of
the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet; thence
South 51 degrees 15 minutes West 235 feet for a point of beginning; thence North 38 degrees 45
minutes West 100 feet; thence South 51 degrees 15 minutes West 235.78 feet; thence South 22
degrees 15 minutes East 104.4 feet; thence North 51 degrees 15 minutes East 265.7 feet to the
point of beginning.
TOGETHER WITH:
Parcel #36-20-30-502-0000-004C:
Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51 degrees 15 minutes West 250 feet for a POINT OF BEGINNING, thence South 51 degrees 15
minutes West 100 feet, thence North 38 degrees 45 minutes West 100 feet, thence North 51
degrees 15 minutes East 100 feet, thence South 38 degrees 45 minutes East 100 feet to the
POINT OF BEGINNING.
AND
Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51 degrees 15 minutes West 350 feet for a POINT OF BEGINNING, thence North 38 degrees 45
minutes West 100 feet, thence South 51 degrees 15 minutes West 150.70 feet, thence South 22
degrees 05 minutes 34 seconds East 104.38 feet, thence North 51 degrees 15 minutes East 180.62
feet to the POINT OF BEGINNING.
TOGETHER WITH:
Parcel #36-20-30-502-00000-004A:
Beginning at the most Easterly comer of that part of Block B of the D. R. MITCHELL SURVEY
OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole
County, Florida, lying South and West of the paved road from Sanford to Oviedo; thence along
the Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet to the
POINT OF BEGINNING; thence North 38 degrees 45 minutes West 100 feet; thence South 51
degrees 15 minutes West 235 feet; thence South 38 degrees 45 minutes East 100 feet; thence
North 51 degrees 15 minutes East 235 feet to the POINT OF BEGINNING, LESS AND
EXCEPT right-of-way for State Road 434.
TOGETHER WITH:
Parcel #36-20-30-502-0000-0050 and 36-20-30-502-0000-0060:
Commence at the most Easterly comer of that part of Block B of the D. R. Mitchell Survey of
the Levy Grant as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of said paved road North 38045'00" West, 786.00 feet to the POINT OF
BEGINNING; thence North 38045'00" West, 200.00 feet; thence South 51015'00" West, 530.12
feet; thence South 22008' 19" East along the easterly line of a 30 foot wide unnamed right-of-way
per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71 feet; thence North
51015'00" East, 589.79 feet to the POINT OF BEGINNING; same lot being Lot 5 of survey of
Joe E. Johnston, C.B. Deed Book 147, Page 221. Less right of way for State Road 434 pursuant
to that certain Order of Taking recorded in Official Records Book 2831, Page 1024, of the Public
Records of Seminole County, Florida;
AND
Lot 6, Joe E. Johnston Survey, Block B ofD. R. Mitchell Survey of the Levy Grant, Plat Book 1,
Page 5, Public Records of Seminole County, Florida. That part of the unplatted part of Block B
of the D.R. Mitchell Survey of Levy Grant in Seminole County, BEGINNING at a point 586.00
feet North 38045'00" West of the most Easterly comer of said unplatted part of Block B, lying
South and West of the paved road leading from Sanford to Oviedo, thence North 38045'00"
West, 200.00 feet along Westerly line of the Sanford-Oviedo Highway; thence South 51015'00"
West, 589.79 feet; thence South 22008'19" East along the easterly line of a 30 foot wide
unnamed right-of-way per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71
feet; thence North 51015'00" East, 649.45 feet to the POINT OF BEGINNING, same being Lot 6
of a Survey made by Joe E. Johnston, c.B. LESS a parcel of land being described as: Beginning
at a point 686 feet North 38045' West of the most Easterly comer of unplatted part of Block B, of
D. R. Mitchell Survey of the Levy Grant, according to the plat as recorded in Plat Book 1, Page
5, Seminole County, Public Records, lying South and West of the paved road leading from
Sanford to Oviedo, thence North 38045' West 100 feet along Westerly line of the Sanford-
Oviedo Highway, thence South 51015' West 200 feet thence South 38045' East 100 feet, thence
North 51015' East 200 feet to the point of beginning, same being a part of Lot 6 of Survey made
by Joe E. Johnston, CEo LESS right-of-way for State Road 434 pursuant to that certain Order of
Taking recorded in Official Records Book 2831, Page 1024, of the Public Records of Seminole
County, Florida.
TOGETHER WITH:
Parcel #36-20-30-502-0000-006A:
Beginning at a point 686 Feet North 38045' West of the most Easterly comer of unplatted part of
Block B of D. R. Mitchell Survey of the Levy Grant, according to the plat thereof as recorded in
Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of
the paved road leading from Sanford to Oviedo, thence North 38045' West 100 Feet along
Westerly line of the Sanford-Oviedo Highway, thence South 51015' West 200 Feet, thence South
38045' East 100 Feet, thence North 51015' East 200.00 Feet to the point of beginning, same
being part of Lot 6 of a survey made by Joe E. Johnston, C.E., less right of way for State Road
434 pursuant to that certain Order of Taking recorded in Official Records Book 2831, Page 1024
of the Public Records of Seminole County, Florida.
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-------------------
Jessup Reserve
Winter Springs Town Center
Concept Plan
170 units
4-Unit Townhome Building
Jessup Reserve
Winter Springs Town Center
Canin Associates
Urban and Environmental Planners
Levitt and Sons
America's Oldest Homebuilders
www.levittandsons.com
.
6-Unit Townhome Building
Jessup Reserve
Winter Springs Town Center
Winter Springs Town Homes
2-Story Units
Levitt and Sons
Winter Springs Town Homes
3-Story Units
Levitt and Sons
Winter Springs Town Homes
Pool Building
Proposed Elevation
Levitt and Sons
EXHIBIT "C"
Modified Edge Drive Plan
Below is the Edge Drive street section modified to accommodate sidewalks and grccn strips
on both sides, making double-loading with buildjn8~ possible:
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
,er L. Brown +
J erIrey P. BuakD
Suzanne D'AgrestaD
Anthony A. GarganeseD
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
+Board Certified Civil Trial Lawyer
DBoard Certified City, County & Local
Government Law
RECEIVED
f'iAY 3 1 2005
Debra S. Babb-NutcherD
Joseph E. Blitch
Victoria L. Cecil
Scott J. Dornstein
Amy J. Goddard
Katherine Latorre
CITY OF WINTER SPRINGS
Community Development
Erin J. O'Leary
J. W. Taylor
Of Counsel
May 27, 2005
Mr. David W. McLeod, President
Highlander Investments, Ltd.
6966 Venture Circle
Orlando, Florida 32807
Re: City of Winter Springs/Highlander Investments, Ltd.
Town Center Phase I Site Development Permit Agreement
Our File No.: 1193
Dear David:
Enclosed please find a recorded copy of the Town Center Phase I Site Development Permit
Agreement concerning the referenced matter.
If you have any questions or comments, please contact me.
Anthony A. Garganese
AAG/cg
Enclosure
cc: Randy Stevenson (w/encl.)
225 East Robinson Street, Suite 660 . P.O. Box 2873' Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net.agarganese@orlandolaw.net