HomeMy WebLinkAboutWinter Springs Development Joint Venture - 1990 07 23
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SETTLEMENT AGREEMENT AND
AMENDMENT TO ANNEXATION ORDINANCE NO. 64,
THE TUSCAWILLA PLANNED UNIT DEVELOPMENT,
MASTER PLAN PORTBE 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 TUSCAWILLAPLANNED UNIT DEVELOPMENT AND RELATED
MAT~RS (the ';Agreement"), is made and entered into as of the
~.3 day of '-'/..4 L'::f, , 1990, by and between WINTER SPRINGS
DEVELOPMENT JOINT VENTURE, a Florida general partnership
(her'einafter 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:
1 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
certain property comprising what is corrunonly known as the
Tuscawilla Planned Unit Development (the OITuscawilla PUDOI) into
the Village of North Orlando, Florida; 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 th~ 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, 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 PQD; and
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 corrunercial property, in the
parcel commonly known as Parcel 61, to service the entire
Tuscawilla PUD, which Central Core was integral in the design of
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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-l7-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 proper-ties within the Tuscawilla PUD and amend the
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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 l4C ("Parcel 14C"),
approximately 35.0 a.cres designated as Parcel 61 ("parcel 61"),
approximately 201.3 acres designated as Parcel 15 ("parcel 15"),
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 Re~aining 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 for~h 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.
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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 II 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)
addi t ional 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.
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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 liB" 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 Parcel 15 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 th~ 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 Parcel 15, at the location depicted
on Exhibi t "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
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as depicted on Exhibits "C" and "D"; however, said access 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 ~onger 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. Further, this
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 WSDJVand 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
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may be recorded in the Public Records of Seminole County,
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.
"WSDJV"
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida
general partnership
BY:
GULFSTREAM HOUSING CORP.,
a Delaware corporation,
General Partner
Q
Byd .#h<~#'~ iL
J. lenn M vin, III,
Vice President
(CORPORATE SEAL)
BY:
HOME CAPITAL CORP.,
a California corporation,
General Part
By:
is E. Vogt,
Vice President
By: ~ 12.f!-,
J Y eCafo,
Assistant Secretary
(CORPORATE SEAL)
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Attest: #Z~~~~
Mary T. Norton,
City Clerk
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THE "CITY"
THE CITY OF WINTER SPRINGS
FLORIDA, a Florida municipal
corporation
9
CUUdYh.
I.;eanne M.
Mayor
';
STATE OF FLORIDA ~
COUNTY OF of IlU&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
GULFSTREAM 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 express.d, on behalf of the
partnership.
WITNESS my hand and official seal in
last aforesaid, this ..J..t!.! day of
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.
WITNESS my hand an9pfficial
last aforesaid, this Lt:H-.day of
Notary Publ'
~y Commiss 0 Expires:
o c~~:,~~T6c. ST^TE OF FlortlDA.
BONOI;OTHRU NO~A~ftJRE:S: MA~' 31,1993.
PUUuc t.,INg.a:ftW"".A.,
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STATE OF F~RIDA
COUNTY .OFL/~~
.1 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 1 ~~ the/County and State
last aforesaid, this ~^day of ____ ~ 1990
- ,', .a
S.TATE OF ~~I~~~d
. COUNTY OF~
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~9fl:icial
last aforesaid, this ~~ay of
s~~~ thp County and State
~.()IA j , 1990.
~'iM-bfffuJJA .
Notary Pub ic .
My Commission Expires:
"OTAlY 'UBLlC, SfATI O' ""OotID" lor !.Allot
MY COMMISSION IVIRIS DfClMllU OS, 19ft
aoHDIQ THIU AlttrOH AGINCY. 1Nt.
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:;':::SCF;.!?::Ol, :
'T=ac~s J..., Eo, D,
=ecorded in Plet.
Seminol e Count. y,
/
a:MPQSITE EXHIBIT "At!
PARCEL 14C
E and r-€'ten:.ic:-, J...=Cc. C, T~SC.;\'~I:":".::. un:':'
Book 36, ?ages J1 end 12 o~ :he Public
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PAFCEL 61
P;'~ 1 - D2S..."'R.IP':' I C7.'~ :
FretTl the centerline of int.ersectioo o~ \o;int.e: Sprins-s w.l.le....arc a.'10
Nor-..herr. \':ay, as sho..Tl in plat o~ v.'i.'1te.r Springs Unit Fou:- as reco~
Plat Beck 16, Pages 6, 7 and e, ~lic Recc~--s of 5e::".inole Co\:lty,
FloriCai run)\. 86023' OS"!:. along the centerline of v.'L"lter SprL"lgs
Boulevare 282.eS feet:i thence N.03036'S5"\o;. 60.00 feet to :he poi."lt of
begin.'1ing on the Nc~ ric;ht-o~-...,ay line 0: Winter Springs Boulevare
(120' R/r-l): thence n.::'l S.86023'05"\\. along saie Nor-...h'right-of'-...;ay
line 217. 8S feet to the point of curvature of a curve ccncave Nort.,'I1-
easterly, ane having a raCius of 25.00 feet: t:hence run Northwesterly
along the arc of said curve 39.27 feet through a central anlge of 900
00' 00" to the point of tangency on the East right-of-way line of Nc~~-
e...-n Way (80 I R,!\-o'): thence run ~. 03036' 55"v~, along said East ric;nt-of-
....-a)' line 90. 78 feet to the point: of curvature of a cu..-ve concave
Easterly a."lC3 .having a raCius of. le93.55 feet: thence run Nor-...hez-ly
along the arc of said curve B<. 25 feet through a central anc;le of 020
32 I 57" to a point; thence leaving said East right-af-way line, r..:n
N.B6023'05"E. 270.83 feet to the point of cu..-vat:ure of a curve ooncave
Sout.l")Westerly, 2..'1d having a radius of 27.83 feet: thence I"'..In South-
eas~ly 2long the arc of said C\J.-'I""Ve 40.44. feet throu9h a ce.:1t.ral
anc;le of 83014'41" to the point of tangency; thence run S.10022'}4"::.
173. as fee't to a point on the aforesaid NorJ1 right-of-....'ay line of
'vhnter Sorinc::s Boulevard, said ooint beino on a curve ooncave No!""-J1-
e.rly, anci ha~ring a rad.i.us of 10'85.92 fee't; thence trc:rn a tangent
bearing of $.62016' 07"W., run ~terly along t.'r"Je arc of saie C..l.."'Ve
a.,a a..l.ong said No:--.Jier1y right-of-\.;ay line 78. 01 fee~ t.~l..lgh Co
central a.:"'lgle of O~ 006 '58" to 'the point of beqir'.!'.ing, cont.ai..ning
1. 4112: acres.
(Page 2 of 15)
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PARCEL 61
DESC~;P7~O~ or p~~:rl 2
F~om th~ centerline of intersection of ~i~~er ~prin;s toul~-
vcr c: en' "o!' ';. her r. '" (. y ,s s how n i n p, l. t 0 f \,' j 1\ i E R 5> P F. 1 I, G 5 lItn 1
FOUR. n recorded in net bool; lE. Pcges 6. 7 b E. F-ut.,ic re-
c (I res 0 f 5> e Ii, i n Ci 1 e C 0 un t ~'. ;) 0 r i ci c.. r u rl Ii. 8 t c. 2 3 ' C ~ " E. c.) 0 n ~ ':. f, ~
C e rl t ~ r ) i n e 0 f \..' i n t e r 5 p r i n c s B 0 u Ie\' c. r C. 2 B 2 . 8, fee...; ... hen c e
l\ . 03 t 36 ' ~:. .. \,.. b 0 . 00 fee t to C. poi n ton thE: Ii 0 r t r, r i 9 h t 0 f \0.' C. Y
I i n e 0 f s c i, ..' i r, t e r ~ p r i n g s [,0 u I e.\' l. r C:. s c. 'i C. poi r, t be i n 9 0 n c.
cur"E concaYE lior':.herly and haying t r~~ius of 1085.92 feet;
the n C f: fro met t n 9 e n t bE a r ins, c ; Ii. 6 b 0 2 3 · 0 S " E. run E G S t e r 1 ,)'
c Ion 9 the i: r co; s c 'i d cur Y eon de' 0 n SSG i d Ii 0 r ';. her' y rig 1",.. 0 f
\o',y line 7S.Dl feet throuoh c cent:'" ,na'e of 0,,00&'5e" to
the poi r, t C f bt> gin n ins; the n c e I e a \' i n 9 S ~ i d Nor the r I y rig h t 0 f
\0' c Y , i n e, r u rl I;. I 0 to 2 ( , , .4 "~'. I 7 3 . e:- fee t tot h e poi n... 0 f cur \' e -
OL U r e- of e cur \' e con C a v f Sou t h w est e r 1 yo n d h a \' i n gar a d i uS of
,7.E:; fee..; .ht>nce run Northwesterly alonQ the erc of scid
curve '.0.'4 feet through e central angle of 83'1"'/,;1" tc, the
potin.. of tangency;, thence run 5.86023'0,""'. 270.63 iee', to'o
.point on the [,sterl,)' right of ~'a:l linE of Northern \.icy (80'
R/~) sc.id point being on e curve coocave [asterly and ha.ving
c r c. diu s 0 f 1 8 9 3 , 5 5 ; e e -:'; the n C e fro IT, eta n 9 e r, t b ear i n 9 c f
N.Olo03'5B"~'. run Northerly ,long the ~rc of said curve end
~10n9 s2i6 E,sterly right of w~y line 50.08 feet :hrough a
centra' cngle of Olco30'56" to c poin:: thence 'Ieaving said
[as.,erly rigr,: of \o'2Y line run J~.8602:'05"[. 2~7.9& 'feet to
the pointo! curvature of a curve concave Southwesterly and
having c r~dius of 77.62 fee:; thence run ~outh~2sterly along
the arc of 50~~ curVE li3.0i feet throuoh c. centrel cnole of
e3cll.'J:,l" to the point 'of tangency: the~ce run S.'O"22~1t.."E,
1175_00 feet to ,'point on the aforesoiC; Northerly ri ght of ~cy
line of ~inter Springs Bou'evard, s~id po~nt being on a curve
con c a \' e Northerly c n dh c. \' ; n g , . r a 0 ius of ) 0 e:; . S 2 feet; thence
frOlf, c -:.angen. be~r;ng of S.7~"371l;f,"h'. run \"'es'terly clong the
. erc of scicj curve eno along said I~ortherly r)9ht of way line
~ 0 . C 2 of e e 't t h r 0 u 0 h ~ C e r, 'l. r e', Co n c 1 e 0 of 0 2 0 3 8 ' 2 1 ,. ~ 0 't h e poi n ..
of beginning. containing therei~ 0.5979 acres more or lesS.
'.
(Paqe 3 of 15).
PAlCEL 61
DI:SClll PTJON ~ 1'^ncL'!. "V
.'rom the centerline intersection of Winter Snrin9s 1l0ulev~r(1 llntl Norrherr. Wll\" as shown on the
rlat DC Willt"r S!,rings Unit ", recorded in I'lat noo.. 10, 1'/lC,lPS t. 7 and B, Public flccords DC
Seminole County, florida; run N,O)0)6'~S"w, ~long the centerline or Northern Wav 175.78 'ect;
thence N.0(02)'OS"C. 40.00 feet to.. point on the Cast riaht-of-way line of Nor':hern WAY, !'ooicl
pOlnt ueinl) the point of curvature of II curve: concave J:Asteclv "lid havino a r,,,,)ius 0' 11193.5:'
feet; rUIl tllence Northerl\' IIlong SAid rioht-of-\,....y lIne .1n,1 alono the arc of sllil1 curve 3D!!. J4
leet tlll"ouoh 11 celltral anale aC 09021')G" to thft poillt of b"9inll;n9; thence continue NOrther.!)'
"lullu the arc of lIaid curve '153.33 feet throuah II centraJ Allal" or 1)04)'01"; thence run S.700
)]'10"1::. 1~1.BI fect: thence N.2601]'27~C. 20).)5 reet to the South line or a 110 loot ,lid.,
"lorid.. Power llnl1l.ight Cnmp""y f'.A5elncnt: thence H.:,.oOS')7"W, lllony saicl Sout.h line 1611.00
(r.et to said J:<lst r19ht-of-way line or Northern 'Way: t.hence N.2S02]'5~"C. along sa 1(1 Ca:;t rll)ht-
ol-wAY line )]6.74 fee.t to t.he point oC curvature nf A r:urve cOllcttve Southeasterl" and h<lyino <l
radius of 4JO,OO feet; run thence Nnl'theb..terJy Along the arc of saId curve 4)0. B) (eet throuC,lh
,1 central llnl)le or 6001]'2)" to the noint or reverse curv~ture of II Cllrv", conCDVe NOrthwesterly
"nd h.lvIllg b r.ldiu!i of 298.'1' Ceet: run thence NorlheasterJy 177.G5 teet <llong the arc o' 5uid
l:urVE: throu':lh'/I central angle or )'1006'09" to the Snuth line of 100 foot wide rlorHla Power
Cor!,oration r.asC!lncnt: thence 5.0s010'l]"I::. 1l10nl) s<lid F.Outh line 90'1.73 feet: t.hence S.~,o~5'
OS"L:.l7'l.07 lce.t.\.o the "orthecly riqht-or-w/O)' line of Winter 5!,>ri..nq5 Doulev^rc\. !;/lIe! ril)ltt-
o(-\,'ay line being on <l curve COnCDVE< SoutheAsterly and hllvlnq D r/Oc\ius or 1215.10 {eeL; Lltence:
'rom" t<lngl:!lIt ueurina oC .<;.G]014'55"W. run Southwesterly alono said riqllt-of-wA)' line t.nu Along
the .II'C 01 saIl.! cllrvt> 7J'.~) feet through II cent1"AI bng}" or )<046']9" to the point or lhnQenC)':
t.hcnCe ~. 2702U' 2C,"w. 261. ~6 (cct to the 'point of curvature of a curve conCAve I~orthweste-rly IInu
h.:lvinCJ II radJus of 108~.92 feet; run t.hencc 50uthwester)" lllonu the <lre of SOlie! curve 960.49
ll.!f!t; thenCe N.Ioo22'l9....... 50.00 feet to the beginning or II curvc ConCbve N.Orthwesterly und
havin9 a rdl.!ius of )0)5.92 ttlet: thencc from II tangcnt bearino of N.790)7'46"t, run Northeusterly
<lIon\) the al"C of said curve 170.78 feet throuah a central anole of 09026'4<"; thence N.l!lo4U'
~U"W: Jl~.)O feet: thence N.B90)]')1"I-:. 1\19.7S teet to thp. Point Of: l.1cginning, containin" therc'in
)2.9979: hcres.
'.
,.....___ A _& 1 C\
TUSCAWILLA PARCEL 15/PARCEL 1
"
DESCRIPTION:
~
That part of the MAP OF TIrE PHll...LIP R. YOUNGE GRANT, as
recorded in Plat Book 1 t Pages 35 through 38 of the Pu bli c 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- \\lay line
throuf!h a central anf!le 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;\\') 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 POil'J'T OF BEGINNil'J'G.
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 (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;
(Page 5 of 15)
~~SCAWILLh PhRCEL lS/PARCEL 1
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- \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- 'Nay
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 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 POINT OF BEGINNING: thence continue
Northerly along said Easterly Right-of-Way line and said CUf\'e 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 fat a distance 0[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 CUf\'e 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- \Vay line for a
distance of 639.86 feet to the West Right-of-Way line of the Black
Hammock 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 POlNT OF BEGINNING.
TOGETHER WIlli:
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 (100' R/W); 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)
. .
~~SCh~:~~. PhR:~~ :~/rkRCtL :
. '.
point on a curve concave Southwesterly having a radius of 1959 .19 feel and
a chord bearin~ of N 66056'09" \V: thence run NonhwesterJ\' aJon~ 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 tang.ency:
thence run N 79c 18'14" Vo,/ along said Nonherly Right-of- \\'ay 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- \\'ay 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" \\1 along said Northerly Right-of- \Vay
line for a distance of 178.11 to the Westerly Right-of- \Vay line of
Proposed Vista willa Drive; thence run N 10023'19" E along said \Vesterl)'
Right-of-Vo,/ay -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-Vo,/ay 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 through a central angle of 14057'22" for a distance of 185.33 feet to
the POINT OF BEGIN1'ill'-JG; thence leaving said Westerly Right-of-\Vay
line run N 30022'39" v.,/ along 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
400.00 feet to the South Right-of-Way line of State Road No. 434 (60'
RNl); thence 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 o'f 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 bein~ ~ubject
to any rights-or-way, restrictions and easements of record. -
,..... - ... ~ -,. '" ~,
:
7USChW!L~ PhRCEL :5/PhRCEL 2
DESCRIPTION:
That part of the ~1AP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole
County and that pan of Section 5, Township 21 South, Range 31 East,
Seminole County, Florida, being described as follows:
Conunence 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-\Vay line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (lOO' R/W); thence run N 54034'57" \V
along said Northerly Right-of- \Vay 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 tangerlcy;
thence run N 79018'14" W along said Northerly Right-of- \Vay 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
having a radius of 2612.09 feet; thence run Northwesterly along the arc of
said curve and said Northerly Right-of- V-lay 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 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-\Vay 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- Volay line run S 89032'22" E along a .
non-radial line for a distance of 1039.34Jeet to the Westerly Right-of-\Vay
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 art 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)
. ,
" .
..
TUSChWILLA PARCEL lS/PhRCEL 2
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- 'Nay
line and along the arc of said curve through a central angle of12005'59"
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 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 (lOO' RIW); thence rim 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 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 Vistawilla 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- W.ay 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" 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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TUSCAWIL~ PARCEL lS/PARCEL 2
or less to the centerline of Howell Creek; thence run Southerly along the
centerline of Howell Creek for a distance of 1050 feet more or less to the
Nonherly 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 distance 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)
TUSCAW!~LA PhRCEL 15/PARCEL 3
DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book 1, Pages 35 throu~h 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-\Vay line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (lOO' RfW); 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 Nonhwesterly along the
arc.of s~i.d c!l~'.e 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 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- 'Vay line of
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- \-Vay
line throu2:h a central angle of 69000'18" for a distance of 650.36 feet to
.... ....
the point of reverse curvature of a curve concave Nonhwesterly 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 fee~;
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 2250.00 feet to the POINT OF BEGINN'il'JG; 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' RAV); 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
(Paqe 11 of 15)
.'. I . ..
. .. ~ .)
.'
TUSCAWILLA PARCEL 15/PARCEL 3
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. . A
Containing 25.2 acres more or less and being subject to any right-of-~'aYt
restrictions and easements of record.
- - ,..-\
, .
~USCAWILLA PARCEL lS/PARCEL 4
..
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, Florida, being 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
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet
to the Northerly Right-of-\Vay line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (100' Rf\V); thence run N 54C'34'57" W
along said Northerly Righl-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" V\'; thence tun 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-\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- V\Tay 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- Wayline 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-i\Vay
line throu~h a central anE:le 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; 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-\Vay line of
State Road 434 (60' RNI) for a dis.rance 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.
Containing 1.500 acres more or less and being subject to any rights-of-
way, restrictions and easements of record.
(Pnoe 13 of 15)
. .; ,~ .
" -. llr .
PARCE:LS 15 and 80
(Canbined)
DESCR.ll"TK>N~
All tbaL part of u.e ).Up or tne PtUllip oR. YoaJe On.nt a.s recorded in
Plat Boot I, P'q:eI 35 tbrough ~ of the P\lbI)e Records of Seminole
Count)', Flori.da aad I pornon of the Southe.ut 01/4 oc.. Secrion S and :1
portion of the Nonhe.ast 1/4 of'Section &, Township .21 South, Rance
31 EJLst, SerniAok County', F1ondJ.. lying South of S .R. ~34. (old S .R.
419" North of Ute UieCh1.nn .Branch of the Seaboud Coast Line
Railroad and East at GARDENA FARMS, TOWN SITES as recorded in
Plat. Booe 6, Page 39 of the Public Records of Seminole County.
Florid~, I~~ ~ i.Q.h.t-o- Of -: Woy for' B loek Hammock Bronc ~ of the S. C. L.
Roil rood.
All together conlOlning 278.322 oeres more or less.
_. _ "'.. _~ , C \
,. . '.; '.
'lAKE JESSUP POOPERI'Y
OE.5ce.IPrION
LOI!' I ~Ind :. Block A. D.R. \l1TClIELL'S seRVeY Or- Tl IE LEVY GRA:"T
accordin~ to the pl:11 rcc()rdcd in PI:'1 Book 1. P:I~l: ~. ("If the ruhlic Record~
of S~minol~ County. r-Iori(.I:I.
Conl:1ining :!O.7 :Icrcs more or lcsso
(Page 15 of 15)
,. . .
.. ~
, 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-p~emises 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 b~ heard
from residential property within the Tuscawilla PUD;
q. Butcher shop, retail only;
r. Carpets, rugs and linoleum:
s. Car wash, automated and enclosed,. similar to Shiners
and those associated with gasoline service stations;
t. Churches;
u. Cleaners;
v. Coin dealers;
w. Computers, hardware and software sales and service;
x. Confectionary and ice cream stores; !
y. 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:
z. Dance and music studios;
aa. Day nurseries, kindergartens and day care;
ab. Drug and sundry stores;
ac. Employment agencies;
ad. Financial institutions, banks, savings and loan:
ae. Florist and gift shops;
af. 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;
1. The
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ago Furniture, retail;
ah. 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;
ai. Hardware stores;
aj. Health food;
ak. Hobby and craft shops:
al. Hospitals and nursing homes;
am. Ic~, retail, when associated with another permitted
use;
an. Insurance;
ao. Interior decorating and draperies:
apt Jewelry stores;
aq. Libraries;
art Loan companies:
as. Locksmiths;
at. Luggage shops:
au. Medical clinics and laboratories:
av. Outdoor advertising signs sales offices;
aw. Paint store;
ax. Parking garages when associated with another permitted
use:
ay. Pets shops and grooming:
az. Photographic studios:
ba. Physical fitness and health clubs;
bb. Post office;
bc. Private clubs and lodges:
bd. Quick printers;
be. Radio and TV broadcasting studios, excluding towers;
bf. Radio, TV, video and stereo sales and service;
bg. Rental shops;
bh. Regulated professions, offices and professions
licensed and regulated by the department of
professional regulation pursuant to F.S. Ch. 455 and
F.S. ~20.80, as now existing or as hereafter amended;
bit Restaurants;
bj. Schools, public, private and parochial, service
vocational schools (such as cosmetology, medical and
dental assistant's training) requiring no mechanical
equipment;
bk. Shoe repair shops;
bl. 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;
bm. Sporting goods, retail, such as Sports Unlimited,
Sports Authority, Oshman's, Robby's and specialty
sporting goods stores;
bn. Swimming pools; sales, service and supplies and
2
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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 instrume~ts, 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.;
cm. Cabinet sales, retail;
cn. Cold storage and frozen food lockers when used in
conjunction with a primary use such as grocery,
restaurant and similar uses;
co. Manufacturing and assembly of scientific and optical
precision instruments;
cpo New recreational vehicle dealerships and customarily
associated services uses;
cq. Roofing, retail sales, when associated with another
permitted use;
cr. Mini-Warehouses and storage;
C/BJM
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CSt Pest control and exterminating services, offices, no
chemical storage;
ct. 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;
cu. Home improvement stores such as Scotty's, Builder's
Square, Home Depot; and
cv. Video stores, sales and rentals.
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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EXHIBIT-"C."
Lake Jessup
\ LAKE JESSUP PROPERTY
LAND USE
G1I SINGLE FAMILY
Ci!m MULTI FAMILY
c=I COMMERCIAL
c::J ROAD RoO.W.
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TUSCAWILLA
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PkOAUD POl\:
WINTER SPRINGS DEVELOPMENT JOINT VENTURE
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