HomeMy WebLinkAboutSchrimsher Land Fund Short Form Memorandum of Agreement PE - 2001 01 05
Prepared by and return to:
Michael 1. Grindstaff, Esq.
Shutts & Bowen LLP
300 S. Orange A venue - Suite 1000
Orlando, Florida 3280 I
SHORT FORM MEMORANDUM OF AGREEMENT
THIS SHORT FORM MEMORANDUM OF AGREEMENT, dated this _ day of
,2001 by and among SCHRIMSHER LAND FUND 1986-II, LTD., SCHRIMSHER
LAND FUND V, LTD., and SCHRIMSHER LAND FUND VI, LTD., herein collectively referred
to as "Schrimsher, and the CITY OF WINTER SPRINGS, a municipal corporation existing under
the laws of the State of Florida, herein referred to as "City".
KNOW ALL MEN BY THESE PRESENTS:
A. Schrimsher is the owner of that certain real property located within the City limits
of Winter Springs, Seminole County, Florida, more particularly described on Exhibit "A" attached
hereto and incorporated herein by this reference (the "Property").
B. Schrimsher and the City entered into that certain Agreement dated June 26, 2000 (the
"Agreement"), whereby Schrimsher and the City memorialized their understandings and agreement
regarding their respective interests, expectations, and intentions contained therein pertaining to the
City of Winter Springs Town Center.
C. Pursuant to Article XXX (Recordation) of the Agreement, Schrimsher and the City
desire to execute this Short Fon11 Memorandum of Agreement and record the same in the public
records of Seminole County, Florida, for the purpose of placing all third parties on notice of the
existence of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date and year first above written.
"SCHRIMSHER"
WITNESSES:
SCHRIMSHER LAND FUND 1986-II,
LTD., a Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
Print Name:
By:
Michael A. Schrimsher,
Vice President
Print Name:
ORLOOCS 10037718.2 LKF
SCHRIMSHER LAND FUND V, LTD., a
Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
By:
Michael A. Schrimsher,
Vice President
SCHRIMSHER LAND FUND VI, LTD., a
Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
By:
Michael A. Schrimsher,
Vice President
CITY OF WINTER SPRINGS
a Florida M~micipal Ccrporation
By:
v,
ORLDOCS 10037718.2 LKF
WITNESSES:
Print Name:
Print Name:
WITNESSES:
Print Name:
Print Name:
WITNESSES:
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EXHIBIT "A"
LEGAL DESCRIPTION
ORLDOCS 10037718.2 LKF
-3-
EXHIBIT "A"
LEGAL DESCRIPTION
SCH~SHERnUSKA~LLA
LANDS LYING IN SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6,
TOWNSHIP 21 SOUTH, RANGE 31 EAST, SAID LANDS ALSO BEING PORTIONS OF D.R.
MICTIIELL'S SURVEY OF THE MOSES E. LEVY GRANT ACCORDING TO TIIE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1, PAGE 5 AND PHILIP R. YONGE GRANT ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGES 35 THROUGH 38 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL A:
BEGIN AT THE MOST WESTERLY CORNER OF ST. JOHNS LANDING ACCORDING TO THE
PLAT THEROF AS RECORDED IN PLAT BOO~ 53, PAGES 45 THROUGH 49 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE S59031 '38"E 1229.22 FEET; THENCE
N050518'06"E 369.38 FEET; THENCE N65053'28"E 100 FEET PLUS OR MINUS TO THE
SHORELINE OF THE WATERS OF LAKE JESUP. THE PREVIOUS THREE COURSES BEING
COINCIDENT ~TH THE SOUTIIERL Y AND EASTERLY BOUNDARY LINES OF SAID PLAT OF
ST. JOHNS LANDING; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY
ALONG SAID SHORELINE 1750 FEET PLUS OR MINUS; TIIENCE S25055'29"W 4210 FEET PLUS
OR MINUS TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 434, SAID
POINT ALSO BEING ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
2843.40 FEET AND A CHORD BEARING OF N48046'58"W; THENCE ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 13023'48" A DISTANCE OF 664.83 FEET; THENCE
S47055'OI"W 5.00 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 2848.40 FEET AND A CHORD BEARING OF N40024'I2"W; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03021 '44" A DISTANCE OF 167.15 FEET; THENCE N38043' 16"W 78.75 FEET; THENCE
S5IoI6'44"W 5.00 FEET; THENCE N38043'I6"W 554.73 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 7905.47 FEET AND
A CHORD BEARING OF N37000'57"W; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENlRAL ANGLE OF 03024'37" A DISTANCE OF 470.55 FEET; THENCE
S5IoI6'44"W 14.00 FEET; THENCE N38043'I6"W 135.05 FEET TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF THE e.S.X. TRANSPORTATION INe. LAKE CHARM BRANCH RAIL
CORRIDOR, SAME BEING A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 3607.33
FEET AND A CHORD BEARING OF Nllo05'34"E; THE PREVIOUS NINE COURSES BEING
COINCIDENT ~TH SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 434;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
08056'25" A DISTANCE OF 562.88 FEET; TIIENCE NI5033'47"E 1147.42 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1210.99 FEET AND
A CHORD BEARING OF N0702I'25"E; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 16024'44" A DISTANCE OF 346.88 FEET TO A POINT
ON THE SOUTHEASTERLY RIGHT -OF- WAY LINE OF TUSKA ~LLA ROAD. THE PREVIOUS
THREE COURSES BEING COINCIDENT ~TH SAID e.S.x. TRANSPORTATION RIGHT-OF-WAY
LINE; THENCE N300Q4'55''E ALONG SAID RIGHT-OF-WAY LINE OF TUSKA~LLA ROAD
876.47 FEET; THENCE S59031 '38"E 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 164 ACRES MORE OR LESS.
TOGETHER ~TH; PARCEL B:
COMMENCE AT THE MOST WESTERLY CORNER OF ST. JOHNS LANDING ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 53, PAGES 45 THROUGH 49 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE N59031 '38W 15.00 FEET TO A
POINT ON TI-IE SOUTHEASTERLY RIGHT -OF- WAY LINE OF TUSKA ~LLA ROAD; THENCE
S300Q4'55"W ALONG SAID RIGHT-OF-WAY LINE 1104.90 FEET TO THE POINT OF BEGINNING,
SAME BEING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID
TUSKA WILLA ROAD AND lHE WESTERLY RIGHT-OF- WAY LINE OF lHE C.S.X.
TRANSPORTATION INC., LAKE CHARM BRANCH RAILROAD CORRIDOR, SAME ALSO BEING
A POINT ON A CURVE CONCAVE TO lHE WEST HAVING A RADIUS OF 1110.99 FEET AND A
CHORD BEARING OF SI2026'1O"W; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
lHROUGH A CENTRAL ANGLE OF 06015'13" A DISTANCE OF 121.26 FEET; THENCE
SI5033'47"W 1147.42 FEET TO lHE BEGINNING OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 3707.33 FEET AND A CHORD BEARING OF Sll050'48"W; lHENCE
SOUlHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0?25'58"
A DISTANCE OF 480.94 FEET TO lHE INTERSECTION OF SAID C.S.X. TRANSPORTATION
WESTERLY RIGHT-OF-WAY LINE AND THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
STATE ROAD 434; THENCE N38043'16"W ALONG SAID NORlHEASTERLY RIGHT-OF-WAY
LINE 309.24 FEET;THENCE N30004'56"E 220.00 FEET; THENCE N38043'16"W 200 FEET TO A
POINT ON lHE AFOREMENTIONED SOUTHEASTERLY RIGHT-OF-WAY LINE OF
TUSKA WILLA ROAD; lHENCE N30004' 55"E ALONG SAID SOUTIIEASTERL Y RIGHT-OF- WAY
LINE 1278.63 FEET TO lHE POINT OF BEGINNING.
CONTAINING 6.85 ACRES MORE OR LESS.
TOGElHER WITH; PARCEL C:
COMMENCE AT THE MOST WESTERLY CORNER OF ST. JOHNS LANDING ACCORDING TO
lHE PLAT THEREOF AS RECORDED IN PLAT BOOK 53, PAGES 45 THROUGH 49 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE N59031 '38W 15.00 FEET TO A
POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD; THENCE
S30004'55"W ALONG SAID RIGHT-OF-WAY LINE 1104.90 FEET TO THE INTERSECTION OF
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID TUSKAWILLA ROAD AND THE
WESTERLY RIGHT-OF-WAY LINE OF THE C.S.x. TRANSPORTATION INC., LAKE CHARM
BRANCH RAILROAD CORRIDOR, SAME ALSO BEING A POINT ON A CURVE CONCAVE TO
THE WEST HAVING A RADIUS OF 1110.99 FEET AND A CHORD BEARING OF S 12026' lO"W;
THENCE SOUTHERLY ALONG THE ARC' OF SAID CURVE THROUGH A CENTRAL ANGLE OF
06015' 13" A DISTANCE OF 121.26 FEET; THENCE SI5033'4T'W 1147.42 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 3707.33 FEET AND
A CHORD BEARING OF S10016'46"W; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 10034'01" A DISTANCE Of 683.74 FEET TO THE
INTERSECTION Of SAID C.S.X. TRANSPORTATION WESTERLY RIGHT-Of-WAY LINE AND
THE SOUTHWESTERLY RIGHT-Of-WAY LINE OF STATE ROAD 434; THENCE S38045'48"E
146.84 FEET TO THE POINT Of BEGINNING; THENCE CONTINUE S38045'48"E 1458.94 fEET;
THENCE N5I043'41"E 11.00 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 8980.10 FEET AND A CHORD BEARING OF S38053'51"E; THENCE
SOUTIIEASTERL Y ALONG lHE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
01015'04" A DISTANCE OF 196.10 FEET TO A POINT ON A LINE 660.00 FEET NORTH OF AND
PARALLEL WITH THE NORTH LINE Of GARDENA FARMS ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 23 Of THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA. THE PREVIOUS fOUR COURSES BEING COINCIDENT WITH SAID
SOUTHWESTERLY RIGHT-Of-WAY LINE Of STATE ROAD 434; THENCE N84045'06"W ALONG
SAID PARALLEL LINE 872.15 fEET TO A POINT ON THE EASTERLY RIGHT-Of-WAY LINE OF
THE AFOREMENTIONED C.S X. TRANSPORTATION INC., SAID POINT ALSO BEING ON A
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2148.74 fEET AND A CHORD
BEARING OF NI4030'04''W; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 17037'34" A DISTANCE OF 661.03 FEET TO THE POINT OF
COMPOUND CURVEATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS Of
3607.33 fEET AND A CHORD BEARING Of NOIOll'18"W; THENCE NORTHERLY ALONG THE
ARC Of SAID CURVE THROUGH A CENTRAL ANGLE OF 08059'58" A DISTANCE OF 566.60
FEET TO THE POINT Of BEGINNING. THE PREVIOUS TWO COURSES BEING COINCIDENT
WITH SAID EASTERLY RIGHT-Of-WAY LINE Of THE C.S.X. TRANSPORTATION INC..
CONTAINING 13.01 ACRES MORE OR LESS.
TOGETIIER WITII; PARCEL D:
COMMENCE AT mE MOST WESTERLY CORNER OF ST. JOHNS LANDING ACCORDING TO
TIIE PLAT TIIEREOF AS RECORDED IN PLAT BOOK 53, PAGES 45 TIIROUGH 49 OF TIIE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; TIIENCE N59031'38W 15.00 FEET TO A
POINT ON TIIE SOUTHEASTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD; THENCE
S30004'55"W ALONG SAID RIGHT-OF-WAY LINE 1104.90 FEET TO TIIE INTERSECTION OF
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID TUSKAWILLA ROAD AND THE
WESTERLY RIGHT-OF-WAY LINE OF THE C.S.x. TRANSPORTATION INC., LAKE CHARM
BRANCH RAILROAD CORRIDOR, SAME ALSO BEING A POINT ON A CURVE CONCAVE TO
THE WEST HAVING A RADIUS OF 111O.99 FEET AND A CHORD BEARING OF S12026'IO"W;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE TIIROUGH A CENTRAL ANGLE OF
06015'13" A DISTANCE OF 121.26 FEET; THENCE SI5033'47"W 1147.42 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 3707.33 FEET AND
A CHORD BEARING OF SI0026'12"W; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE TIIROUGH A CENTRAL ANGLE OF 10015' 10" A DISTANCE OF 663.40 FEET TO THE
INTERSECTION OF SAID C.S.X. TRANSPORTATION WESTERLY RIGHT-OF-WAY LINE AND
THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 434 AND THE POINT OF
BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY
LINE AND TIIE ARC OF SAID CURVE HAVING A CHORD BEARING OF S0200T45"W THROUGH
A CENTRAL ANGLE OF 06021 '45" A DISTANCE OF 411.69 FEET; TIIENCE N86056'46"W 142.99
FEET; TIIENCE N03043'22"E 510.43 FEET; TIIENCE N8605T25"W 21.83 FEET; THENCE
N03002'35"E 66.14 FEET TO A POINT ON TIIE AFORESAID SOUTHWESTERLY RIGHT-OF-WAY
LINE OF STATE ROAD 434; TIIENCE S39038'07"E ALONG SAID RIGHT-OF-WAY LINE 224.61
FEET TO TIIE POINT OF BEGINNING.CONT AINING 1.50 ACRES MORE OR LESS.
SAID LANDS LYING IN SEMINOLE COUNTY, FLORIDA AND CONTAINING 185 ACRES MORE
OR LESS.
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SCHRIMSHER PROPERTY
PROJECT NUMBER: 48001
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SHUTTS & BOWEN LLP
ATTORNEYS AND COUNSELLORS AT LAW
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
300 SOUTH ORANGE AVENUE
SUITE 1000
ORLANDO, FLORIDA 32801-3373
TELEPHONE (407) 423-3200
FACSIMILE (407) 425-8316
January 5, 2001
Anthony Garganese, Esq.
Brown, Ward, et al
111 N. Orange Avenue - Suite 875
Orlando, Florida 32802-2873
VIA: HAND DELIVERY
Re: Schrimsher I City of Winter Springs
Dear Anthony:
Enclosed is a clean copy of the Short Form of Memorandum of Agreement.
Please arrange to have it properly executed on behalf of the City of Winter Springs
and return it to me on Monday so that I may send it out Federal Express on Monday
night.
Thank you for your assistance in this matter.
Very truly yours,
SHUTTS & BOWEN, LLP
va;L/
Michael- ;'z'dS~
Enclosure
cc: Michael A. Schrimsher (w/attflchment - via facsimile: 407-648-9230)
ORLDOCS 10039074.1 LKF
AMSTERDAM
FORT IAUiJEHlJALE
LONDON
MIAMI
ORLANDO
TAllAHASSEE
WEST PALM BEACH