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HomeMy WebLinkAboutEarley, Hubert R. Settlement Agreement -1994 12 02~t~ I 1 . ~I . ~ '. ' i't I~1rt '~ ;~ ` ~, ~~ , ' ~ r v- i J-J J, L~ J J f RI , i w Txis xNSTRUt~rrr pRrp~a ~~T FR R$CORDTNt3 RRTURPi TO Miranda F. Fit$gerald I+owrldee, Droedick, Doater Kantor & Reed, P.A. Post Office sox 2909 Irlando, FL 3280 I I wurwcucwca~ 1 Our ocr vaic,x c BOOK IA1. REC~QAG~ ?ss7 o~~s SEMI~OL~ CO. ~~.. SETTLEMENNT AdREEbQ$NT THIS SFTTLEMENT~ AGREEMENT is made this .~~ day of 1 E'_ C , 1994, b~ and between HIIBERT R. EARLY ("Earley'-) and the CITY 0~' W=LATER :3~R2NC8, FLORZbA (the "City"), a municipal Corporation organized and existing undex the laws of the State of lorida. i WHERB~,S, Earley awns 114 acres of land with~.n the City's municipal boundaries which is more ..particularly deacx~ibed in ~; ~ Exhibit "A" and depicted in Exhibit "B'+ attached hereto and ;~ ~i incorporated herein by reference; and '~,~ ~; ~~. WHEREAS, on May 1;3, 1993, and on November 11, 1993, Earley ~~ submitted applicatioris;to the City requesting rezoning of 8t) acres f the Property which iS more particular) described in ++ ~+ Y Exhibst C i attached hereto and incorporated herein by reference and depicted ~; in Exhibit "B" as "Tract A" (the "80-Acre Parcel"); and _ -. WHEREAS, on January 24, 1994, the City Commission denied Earley's application$ for rezoning; and ' WHEREAS, Earley, a~ Petit~,oner/Plaintiff, filed a Petition four Whit of Certiorari and Comp7.aint for Declaratory and Injunctive 'lief against the Cit y~ as Respondent/Defendant, styled Hubert R. rteui~y v. ~1LV oz Wintet Springs, Florida, Case Na. 94-365-Chi-16-K (~he "Petition") in the Circuit Court of the Ei hteenth J 'ci g udi al tip/,21/say t.E'1 v Yom. u~ .;- r~ l 1d3 -a ~:c r ;~ r,~ ~J _ _ ~.E -JCIVI CiT~L U U n iY K , O-IJ-y9 , L~J~r'm , wur~cOC4c~~ i Our ocr uaic,n o - I C' ~ ~ 600K IAl. R£C RrDS 't 1 ~ ~~u~ ' I ~ ~ ~ ~ O I j S£MINOLE CO. FL. Circuit in and for Seminole County, Florida (the ~~Court~~) challenging the City' denial of the rezoning applications; and i WH~RSAB., in an a~.tempt to resolve the issues surrounding the Petition, the partiesi agreed to a mediation of this matter with ,John J. Upchurch of Cobb, Cole & Bell, as mediator, on August 1, 994; and WF3$REA$, as a r~sult of the mediation the , parties have ntered into this Settlement Agreement; and WfIFREA3, notice of intent to consider this Settlement ~reement has been properly published and given; and WIiERE~-9, the City has determined that it is in the best interest of the City end its citizens to settle the Petition by I~ i adoption of this Agreement. NOW TAER$FORE,~fot and in consideration of settlement of the Petition and other good and valuable consideration, Earley and the Qity hereby agree as fbllowel ; I 1-. The foregain~ recitals are true,_correct and accurately eflect the matters affecting the Petition as of the date hereof -~~ and such recitals are expressly incorporated herein by this ference. 2. By entering into this Settlement Agreement, the City is sreby rezoning the 80-Aare Parcel from R-Cl to R-lAA as restricted . the terms and conditions of this Settlement Agreement. The I 'velopment standards applicable to the 80-Acre Parcel shall be use applicable to the;R-lAA zoning district unless the terms and +ii/9a~ 2 I i "'StIYI'' t3Y ~ L U U K& K l `, ,. !, ~.. ~ ~.. . ~~~. b- 3-9~ + `1 ~ 85WM ~ 4074252429-- 1 ~ 4ti7 327 6912 ~ « 4 BO~~LtAL RECOAGE X857' n618 S£MIt~OL£ CO. FL. conditions of this Settlement Agreement are more restrictive than, -~or in conflict with, the development standards applicable to the R- IAA zonin district, g ~.n which -event, the terms and conditions of °the Settlement Agreement shall control. The terms and conditions i 'of this Settlement Ag~eement have been mutually agreed upon and (have been determined by the City to promote the general public 'ealth, safety and wel':faxe. 3. Earle shah be Y permitted by the City to develop, bnsistent with the :terms and conditions of this Settlement A~reement, all portions of the 80~Acre Parcel which are approved for development by the St. Johns River WatQr Man agement District Ithe "SJRWMD"). The remaining 34 acres of t he Property (the "Remainder Parcel") shall be used for.stormwater management and wetland mitigation assgciated with and necessary for development of i - die 80-Acre Parcel., in :accordance with permits to be issued by the I~ ~RWMD. Any portions of the Remainder Parcel not used for ~ormwater management~or mitigation purposes shall remain as t~developed open space. That ortion of the em ' P R cinder Parcel that 8 encumbered with the easement in favor of Florida Power Oc#rporation shall remain as a greenbelt area in which mitigation s ~a11 not be permitted.; 4. Those portions of the 80-Acre Parcel approved for i d '•velopment by the SJRWMD, subject to the provision of any a ~licable State- or County regulation, shall be developed as a ~~ residential subdivisivr~ containing lots of not less than 15,000 I~ - tial11/s~I 3 _ I 5ENT BY~L D D K & R ~' .~ .I., ,, i ~ _ 6-13-95 ; 2~36PM ; 4074252429-+ 1 407 327 6912;# 5 i . ~ 800K IA1, RECPAG~ E ~8~7 069 ~ -SEMIt~Ot~ CO. FL: °equare feet each (thy "Development"). A material term of this Settlement Agreement is the City~s commitment to allow development :of 110 lots of the required size on the 80-Acre Parcel (with the ~~ ~ - ~associated stox~mwater management facilities and mitigation areas to :be located on the Remainder Parcel), unless restrictions included in a permit duly issued by the SJRWMD reasonably preclude the development of 110 lots on the 80-Acre Parcel. In such event, the ~~ ,ity agxees to allow the maximum number of 15,000 square foot lots fat can be developed; on the 80-Acre Parcel consistent with the bnditions of the SJRW~fD permit, 5. Although theminimum size for the lots to be developed on he 80-Acre Parcel ghaYl be 1,5,000 square feet, the lots shall be ' I as lar a as g possible given the other conditions contained herein. Tk~e minimum size of the single family residences to be built on the ots shall be 2,000 ;square feet of heated and cooled area, i ~cluding garages. Each residence shall have an enclosed garage. 6. Earley shall design the layout of the lots such that as any of the lots as possible are one hundred (100) feet .wide at the z'ont building ],ins. Tie parties agree that not more than a total ~ thirt ~ y (30) irregularly shaped lots and lots fronting on Gul-de- secs shall be a minimum of ninety (90) feet wide at the front b ilding line and shall have a minimum of twenty-five {25) feet of f onta a on a 4 public right-of-way. 7. Earley shall not be required by the City to make any road, intersection or drainage improvements to Fisher Road other c~zli~i9~~ ~ 4 uar~ ui •~' u' v n a n i v ~~° err r o~v~rai ~ -. •, Tv ~ t~..~Trv i +v ~. ~.r.~..vv r c rw v-- OFF1CIaL RECpRO. ~GOK PAG~ ~8S7 ~~~p SEMlNOL~ CO. ~'L. than those improvements directly associated with the Construction ;of Fisher Road from its present paved terminus on Bird Road to the ;Development's proposed southernmo$t local road connection only. 'Furthermore, there shall be no driveway cuts made to Fisher Road as ;part of the Development. 8. As part of the Development, Earley shall provide a fifty :fSO) foot natural buff'.Ier within a tract along both Fisher Road and 'Aanama Road. This buffer tract shall remain in its natural state ith the native t • xeesi and vegetation and shall not be mowed or Reared. No roads or~trails shall be ~ allowed through the buffer ''tact. Earley shall form a mandatory homeowners association which shall own and have maa.ntenance res ponsibilities for the natural buffer tract and for ajny other common areas within the Property. i Maintenance responsibilities shall include periodic trash and I _ ebris removal, j i~ 9. Earley shalllnot be required by the City to construct a ~11 along Fisher Road; Panama Road or Shore~Road. In the event ~he Gity creates a special district .for purposes of imposing ~5se$sments or, pursuant to Florida Statutes, otherwise assesses :operties for improvements to Fisher Road, Panama Road or Shore ' ~ - ad, all or part o£ the Property may be included in such district, o otherwise a$sessed~; provided, however, that Earley, his s `ccessors and assigns, ;shall have the same rights under Florida or federal law as other property owners -to oppose any assessment i i (li~i1194) ~ C~ - SENT BY~L D D K & R .j ~. 6-13-95 ; 2~37PM ; _____ __ 4074252429 - 1 4U'f 31'1 6912;« 7 ' ~ its 804K~ ,, . _ ~ ' ' rht~c `857 06~~1 tiSEM1NOLE CO. Fi.'.~ .: .:_~ . ~~ ... ;proposed or levied one the basis that the asr~essment is arbitrary sand capricious. ~! 10. As part of tihe Development, Earley shall pave Shore Road ~~ i ~ae a two-lane section from its present paved terminus to the ' _ I ;northern access point I f the Project, using a pavement and drainage .; ~deeign that matches that of the existing paved section. If ,. ~~uthorized by the City's Transportation Impact Fee Ordinance, the ~, 'Qity shall give impact fee credits to Earley for all such `i!mprovements made by Earley to Shore Road. ., 11. Earle shall not be re Y quired by the City to make any road ,~ o~ drainage improvements to Panama Road other than those directly ssociated with the construction of the Development's north entry oad system, i 12. In the event~Earley has not submitted an application for a. preliminary subdivision plan on the 80-Acre Parcel within one ear following the dale of this Settlement Agreement, the City shall be entitled toy amend. the City!s comprehensive plan to einstate the Rustic Residential land use classification on the. 80- dre Parcel, and, in that event, Earley shall be deemed to have aaved his right to objiect to the comprehensive plan amendment. i . 13. T~Tithin ten {10} days following the filing of this settlement Agreement with the Court, the Florida League of Cities s gall pay $50,000,00 to Earley as reimbursement for Earley's a~~orneys' fees and costs. cl~fii/9a) 6 StNI~ IiY~L U U K t~ K I •. _.i i 0'IJ-y~ + Y~30t'M ~ 4Ul~iLOL4L7'' I ~iUl JLf UOILtIf 0 . , ~ c~a~ R~~°R~~ ~Uurf PA s~t~~~o~.~.~o.~~~. 17. This Settlement Agreement shall inure to the benefit of I :and be binding upon the City and barley and its or his respective ~succesaors and assigns. ;' ~ Z8. This Settletitent Agreement contains the entire agreement °of the-parties hereto; Any change, modification, or amendment to I :this Settlement Agreement shall not be binding upon any of the ~' ;parties hereto unlesssuch change, modification, ox~ amendment has ~' een duly advertised, has been the subject of a public hearing, has ~een reduced to writing, has been executed by both the City and Earley, has been filed with the Court, and has been recorded in the i public records, ~i ~ Z9. This Settlement Agreement shall be ~.nterpreted pursuant to the laws of the State of Florida. 20. This Settlement Agreement is intended to be performed in accordance with and on1~y to the-extent permitted by all applicable ~awg, ordinances, ruled and regulations, zf an rov I, Y p iazon of this Settlement Agreement o~ the application thereof to any person or II - - ircumstance shall for any reason, and to any extent, be invalid or rienforceable, the reminder of this Settlement Agreement and the pplication of such I, prbvision to other persons or circumstances s~t~a11 not be affected thereby, but rather shall be enforced to the g ,eatest extent permitted by law. 2I. In the event of any controversy or dispute axising between the City and barley in connection with this Settlement I~ i Aggreement, including without limitation, in any declaratory action, (11/.11/94) ', 8 _ _____ __ . ~ I, _ _ _ _ __ _ oF~icia~ secoR~s BOOK PA E X857 0624 SEMIHOLE CO. FL. t trial, or in any !appellate proceeding, the prevailing party shall be entitled to recover any and .all, costs and expenses j associated therew~.th, yin whatever nature or form, including without limitation, reasonable attorneys' fees, paralegal fees, legal ~- assistants' fees, expert witness fees, and other professional fees ~nd expenses associated therewith. 22. This Settlement Agreement and any modification or amendment thereto shal~ be filed with the Court and recorded in the i ~aublic records of Seminole County, Fl.vrida within ten t10) days i following execution by; the parties. The City Commission shall be zctified that the Settlement Agreement and any modification or amendment thereto has Keen recorded in the public records, IN WITNESS WHEREOF, the parties hereto have signed this 13~ttlement Agreement a~ of the date first above written. i i~tnessee: ~ "EARLEY° '~\~~-1 ~ print Name ( int til/~si/sa) ~+~-1 O ~ ~_ I _ ERT R. EARLEY - S w ~~~. ~''cJ 6 $ i y~rN~7u ~ ~ t~~rt-z.~ ~~«~a ~ r~o~~ ~~ ~z~/ 9 .. ~>JOK IAA RECAAGE X857 a6~5 -SEMlt~Oi.E CO.. FL. 'TTEST t ~~ i riot Name) I ATE OF FLORIDA UNTY OF ~AA/ Th ~ regaing F y of p rsonally known to me n, ~:~:~• ~ - ~~k ! ~~~. .~ C ' .. `~ ;, ~' ~ ~'o ~' ' • x; y: r . •dr~ ~..~ . ,~ ? _ :~ ~u B~L~,,. .'ti., ~ • •...r ~ G'~ 15 ~N~'4 ), ~' ~+~ rl `+=ri7Y H 11^HE CITY OF WINTER SPRINGS, FLORIDA, a Florida munic' corporation Ey : - ,?': ~QOHN F. BUSH {Print Name} xts: MAYOR. CITY OF WINTER SPRINGS. FLORIpA t~ument wag knowledged before me this ~~ 199 by Hubert R. Earley who is i Notary~ublic _ Name : , c~t~,E~,fJ®,~j",~5~., {Printed ox Typed) Commission No. My Commission Expires: NOTARY ~U1ltIC~ STAT! OF RORfDA AT LARD! MY COMMISSION lXPIREB AuOUST T0, 1990 - BONDFD THRU ASHTON AQQNCY ING 1~ ~•SENT BY~L D D~K & •.l/~( ~f ~f' ~..~ , R ; 6-13-95 2~4UNM $ggIBIT *A" 4U'!4'L~'L4'Ly-' I 4U'! 3Y'! . ;' OFF. ~~ RECORO~ ~OOr. PAGE X857 ~6~~ TRA I S~MINDLE CQ, ~L, Beginning at ~he Southeast corner of North Orlando RanohoQ Seo. 1, as rodorded in Plat Sook 12, Page 3, pudlia RpOOrda o of 8eminola C 'linty, Florida, run N. 07.11' 37." W.. along the Qast iin! of acid North Orlando Ranches Seo. 1, and the ~ 8aatariy right of-xny iin! o! Shore Road 133.90 feat to the o $outhorly line of a elorida Potter Co7C'~>. saaamant recorded in.,~ O.&. Sook 353. Pegs a4, Publio Reoorda of 8eaciaole County, C' !'lorida. Rust thonae S. 79.39'36" 8, along acid Southerly line, 229.52 ast to the center ltna o! a Florida Poxer Corp. lageman~ recorded in O.R. gook 353, Fsge 54, Public Reoorda of Sominole County, Plorida. Alin thsno* along oaid center 11no, SI. 00.45'Zd" S. 4142.89 feet to a point on tho North Tina of Lot 147, 81oak *D", D,R. Mitohall Survey o! the Moaee 8. Levy Grant, a! recorded iri Plat Book 1, Page b, Fubiic Recorda~ of $aminola County, Florida. Run thence S. 83'37'38" W., along said North line a diatanco of 115.73 fast; thence ~. i6'66'Z7" W. 234.20 fret to n point on the 8aaterly right~of-way line o! Fiahar Raad, said paint being on a ourva aapcave Southxlstlrly, with a rr~3iun of 558.00 feat, a central angle O! 39`02'36", and a ta:igont bearing of N. i5•d8~3d" Wi., run thenaa.Northerly along the arc of said curve, and ea d kastlrly right-of-way lino of Fiahar Road, as shorn on data of *North Orlando Ranches Sec. 7", recorded in P1 t Book 29, Page 3, Fublio Records of 8eminoia County, Florida; "North Orlando Ranches Soo. 1-B" recorded in Plat Book ~2, Pages 46 & 47, Publio Rooards of Seminole County, riarida, and "North Orlando Ranches Seo. 1-A", rocorded in Prat Book 22, Pagaq 31 & 3a, Publio Records o: Seminole Covet', elorida, a distance of 380.08 foot to the Pt. Run th4~oe further along said $altarly right-of-way line of Fisharj ttoad the followir-q courses: N. 54.50' 20" W. 347.47 feet tq the P.C, of a curvo concave Easterly with a rediua o! 617.;00 feat end a central angle at 34.30'00": run thence Noxther!1y along the tiro of said curve 371.52 feet to the Pt,; thln4~ N. x8.20'10" W. 101.87 last to the P,C. of 8 curve concave ~ outhwaatorly, with a radius of 2033.00 feet sad a eentrai angle at 17'31'13" Run thence Northerly along thr am f said curve, 313.89 feet to the Pt.; thence N. 39.51'25" i'~. 82.93 feet to tho P.C. o! a curvo Concave Easterly, withlla rediua of 492.00 fa8t, anti a central angia of 51'19'45". ~ Run thenao Northerly along tho arc of said curve, 4x0.77; foot to tho Pt.; th~noo N. 1.3'28'20" 8. 1237.5$ feet t¢ the P.C. o! a curve concave westerly, with a radius of 115 it fast, and a central nnglo of 19'50'30". Run thence Nor hotly along the arc of said curve 400.71 feet to the Pt.; Nance -N. 06'22'20" W. 400.00 feet to the Southerly righ~••of-way line bt Panama Road, as shown on the Plat of the a~oreaaid North priando Ranches Sec. 1;-thence iasving aforaaaid Easterly right-of-way line of Fisher .Road, rut. N. 83.30' 8" E. along saiQ 84utherly right-of-way lino o! Panama Road. 710.07 Poet to the Point Of Soginning. A11 of th8 preooding c:r~saription lying within Lots ill, 119, 127, 135, 143,128 And i36, 81ock "D" D,R. Mitchell Survey of the Moaea 5i Lev, Orant, as raaorded in Plat Book 1, Page 5, Publio ReCO~'ds of Seminole County, Florida. i TRACT 8 ~ From the North~eaeL corner o! North Orlando Ranches Sac. 1, as recorded i Plat Book 17, Page 3, Pubiie Records of Seminole COUnt Florida, run S. 07'11'37" E., along trio East boundary ins of said North Orlando Ranches Soc. 1 and the East right of-way line of Shore Road, 20.93 feat to the Point of 8ogi Wing. Run thence N. 33'37'55" E. -1690.23 feet; thenceJS• 01'27'55" w. 663.10 feet; thence S, _ 83.3'!'55" W. 863.20 :net; thence 5. 01.27'55" 4:. 9473.45 v W G7 CJ7 oaiz~~~z :~ ~~ 0 ~A r -v~ ,. no tncn. .ICIV I V ~~~ r . s. x 7 i .i1 ILL ~, __ U U n a f1 ~ V- I~ ~~ i L+YV~ut / 7V .1i.I L~TLV ~ ~v i yr r vv ~ ~ r.r i ~ ~~ lest to a point on the North Line of Lot 147, Hiock "D", rV D.R. Mitchell 6urvey of the MOSes E. Lpvy Grant, as recorded N CA Ct in Fiat Boak 1, Paga 5, Public Records u# $aminola County, t~7 ~ C Florida. Run thence along said North lot line $. 83.37'38" 3 --J ~ W. 499.33 lest to a point on the canter line of a rlorida o Power Corp. eaaesaent "H", raQOrded in O.R. Book 353, Page r... , 54, Publics Re orda of Sasainols County, Florida. Run thence ~ along aaid Oen~er Qastamsnt lino N. 00.45'26" W. did2.89 lest h to a point on;th4 $autharly lino of a Florida Power Corp. D C7 . easement "C", 1ps~ rsaordad in C.R. sook 353, Pags 54, public ;~ ~. ~; Records o! 8a inois County, Florida. Run thence along said ~-- [1:~. .Qz ~ sauth4riy sea meat Tina N. 79.39'35" W. 229.82 feet to a tic point on the loreaaid East boundary line o! North Orlando•~ ~ Ranohss $so. ~. Run thonco along atoreaaid Hest bounds}~y „-. .ate line, N. 07.2 37" W. 899.77 feat to the Paint of $aginnisig, .,. ;~~ 1 all o! the pro 4dinq dsaoripti0n lying within Lots 100, IQ;, ~v :;~ 102, 110, ily, 219, 127, 135 and 143, Bio4k "fl", DiS. r Mitchell Survey of the Mossa E. Levy t3rent, as retard#dn Plat Book 1, ;Paga 5, Public Records o! Seminole Coun =? Florida. i ° d C ti -*;o . r~ L888 AND EXCEPT th• loilowinq dssaribad propertys ~ N '' ;~~ DS$Ci~IPTION OF TH$ PROPffiRTY CONVBYSD FitOM CAMERON-BROWN INVS$TMLNT GROUP, A 88ACHUS8TT3 BUSINESS TRUST TO FLORIDA PCWBR CORPORAMION, A FLORID?- CORPORA~'ION From the eouthdast Corner of North Orlando Ranches Sta. 1 sa raoordrd in Piat Book ia, Pegs 3, Public Records of Seminole County, Florid, run N. 07.11'37" W. along th• Eastt lin• of aaid North Crihnd0 Ranches Sac. i a diater+as of 133.40 loot to intsraeot with th• Southerly line of 175 lest wade Florida Power orporation sanamant Area "C", as r•cordad in o.R. Hook 359,1 P~Igs 34, Public Recarda of $a,ninole County, Florida; thsno'p S. 79.39'38" E. slang said sa:arrant iin. 140.35 #aat td its intersection with the W9et line o! 175 fast wide ~'iorida Power Corporation Easement Area "H" as raaordsd in ~'.R. Book 353, Page 54 of $aid public racorda for the POINT qF BEGINNING; run thence N. 00.45'26" W. slang a Northerly p ~sCtion of the Wsat line of Easamant Ar©a "H" a diatan4• 0!!152.83 feet to the Northerly line of said Easement Arsa 1'C"; thence S. 79'39'35" E. 178.34 feet along the Northerly lino of Easement Area "C" to intersect with a Northerly projeotion of the East line of aforesaid Easement - Area "H"1 thence S. 00'45'26" E. 25.48 teat along s>zid projection of Ithe Saet line of Easement Area "H" tc its intersection with the Northerly line of the 100 feet wide Florida Power *orporation sasament as recorded in O.A. Hook 193, Paga 270,1 Public Records of Seminole County, Florida; thence 8. 79.39'35" N. along the Northerly line of said 100 feat wide Fior~da Powor Corporatl~r. Easement 343.20 feet to an anglq point thence S.- 65'04'35" E. along' avid .100 feet wide Easement ins 251.90 feat to its intersection with the East boundary (line of th+ Cameron-Brown Investment Group property ba re orded in O.R.-Sock 1124, Page 17b2, Public Records of 3em~nole County, Florida; thence S. 01.27'35" W. along seid East boundary line 5b6.36 foot; thanoa S. 89.14'34" W. 7.x,8.81 feet to the West line of said 175 feQt wide Plorida Power Corporation Easement Araa "ft"; thence N. 00'45'26" W. 6k8.50 last along said West line o! Easement Area "H" to the~l POINT OF SEGINNINC. Being a p~lrt o Lota 112 and 119, Block "D", D.R. Mitchell's Survey of the ores E. Levy Grant, as recordod in Piat sook 1, Page 5, Publio Records of Seminole County, Florido. LE55 THE FOLLOWING TWd DESCRIPTIJNS: (As recited i Parti8l Releases ir. Official Records Book 1615, Pago 1891 and in Of:icial Records eooic 1621, PagO 69d) .~. .-.. vi~i.'r vi'•r.' v"v'~~ v n ' ~ • f i •+' ~:" •.••. . .;~ . i i) 1 :~ (Official Racor~a Hook 1615, Page 1892) • prom the Norttsdaat corner of North Orlando Ranohoa Seatiori 1, as rooorded in Piet Book l2, PecZe 3, Publio Records p! Seminole County Florida, run 8. 07'11'37" 8. itlonq thq Bast boundary line of acid North Orlando Ranches 9aation 1 and the Ssat Right {of Way line of Shore Road 20.93 faott thenco rue N. 83.37'5 E. 1698.23 fast; thenoa S. Ol•27'xx" W. bs3.10 faatt thence B. 83.37'55" W. 6b3.10 feett thersoe 8. 01.2?'S5" Ai.• 2 74.21 feat to thq point o! beginningt thence continue 8. 01 2y'S5~ W. Zi99.24 feet to a point ors the North line of of i47, Hiook "D", D.R. Mitchelta Survey of the Moaaa S. Le Grant. as reoordad in Plat Hook t, Page x, Pubiia Records o~ Se;nirsoie County, Fzorida: thence runs s. 83.37'38" w. ai nq said North line G15.C6 foot to a point onV the Easterly r~.~ht o! way lira of FiIIher Roadt the»Qe its Nr^' 1x•3S'27" W. a~orsq said Eseteriy right of way line 5~7Q-• ~~ foett thanoe ruin N. 83.37'38" S. 21b.98 fast to a point' ofr~ ~~ the Saatarly right of way line of a Florida PJ9~er Corporation $aa ment, Jlrea "H", recorded in 0. R. Sook X53, ~ page 34, Publio Reaorda of 8enstriole County, i~ioridat t~n ~ run N. 40'45'2 W. along said 8aatarly right o! way.,,], x138.95 lest; hence N. 83.37'38" E. 497.11 lest t ~~ point of beQinn~nq; ~ ~y (Official Records $vok 1621, Pag+~ 695) From tho Northe~at oornQr o! North Orlando Ranches Saotion 1, ea recorded lisp Plat Book 12, Page 3, Publio Rocords of Semiaola. County, P1Qrida, 3:'Dri s. 07•ii'37" 8., along the slat boundary i ne o! said North Orlando Ranches 8aotion 1 and the East ri~iht of way line of Shore Road, x0.93 feat to the POINT OP BSOZNNIN : thence continue S. 07'11'37" E „ along sa Eaat boun ary line and Eaat right of way line 743.47 feet to ~`hs North lin! of a Florida Power Corporation eaapMant "0", ap ra00rded in Official Reoords Book 353, Paga S4, Publia Recq'rda of Saroinoi• County, Fioridat thanoe S. 79'39'33" E., aiang said eaasman: "d", 336.86 Boat; thQnea S. 00.45'26" S.1 Z3.48 teat to the North line o! a Florida power Corporeti rs easement recorded in gllioiai Records Book i93, Page 270, ~ubiia Aecards o! 3emir-ole County, Florida; thatsae 8. 79.39'3x" E., along said easement 345.20 last to an angle point;lthanaa S. 4+3'04'35" E., along said saaement 251.90 legit= thence departing from said eaaement N. 01'27'55" S., 441.83 lest; thence N. 24.33'0]." W;, 691.44 fart; thence S.; 83.37'S6" W., 721.00 feet to the POINT Op asorxNlx_c. ~V ~ Q~ Wr C~ o~ 2 !r.J ~I o ~ r-- ~ O Q ~ 'DC 1" ~ N ~~ 00 s E%HLBIT cr$r>r . ' j r~,7 t {~ ~' ~" t~ ` L~GISttSY UNSATfSFAC1'ORY TL,.: • Y~a ~;\~:;I~ ail, y/~; % k? ', y. F4R MfCROF{LM1NG ~' ~ -`7,~ 5ty .~~' ~ ' ~ ~.1 . !71t~ i r« .f ~ ` ~"'alter ' '~, ~, "~ 1 ~ { t j,! 'i,~' I^/~Ir ~ ~ r, ! } ~ , I 1 I 1 72 .~rli a ~~ i~ j~ nip , , ~ I I ti i ~ :.r? :~ s ~ ~ .! ,~ t _~ ;.. t ~ E • t f ~ ` 2 i~l ~ ~ ~ / '~i~ .^ ~ I, ~ ~ r.~s ~ I l i ~; /~ ... ' ~ ' ~1 ~ fa, r ~• r p ~~ ~ !~ ~ i 1 ~ i t t~~ ~. !•~n~~ ~ t i~ t 1 a ` I ~r •~rt •t~ ~r t a 1 ~ „ ~ „} ,~ t r . ~ j 1721. ~• `• I ~~ ~ ` ~ 1 ~Sllf ~ ~ , . 1 j ~~fi ~ ~~af , e 7 ~~' •• 1 1 ~ r'I~' --- N,r- _~_ flit ii~ ~ '~~r_ Ii 77 ~ i S 1 !c t l ~I f .. .... ! i ~ el , ' ~. ~ ~ ~ ~ ~ .~ i 2;~f ; ~~ E ~ ~ ' ~ 1 ten / ;• ~ `! ~ ,; ~'~ 7 I ` ~' ~ ~c re.. ! r1 ' - 1 ~ ~r tt I -t~-g ~ m ^_ ~ I~ ,_ _ __ ~ T ~ ~~,,..r~ ~_„~_ t ..~ r ~ Il x~~~~ zr ~ ' R hr , ~.«w.., jz ~`' ,,~fi 2; ' _ `~ `i' ~ ~I ~ L 'ter+l }' i''t~ 4' ; E '~ r 9; n ! , ~ ~tt ~ '' ' ff ~ ;2 :1•; i S 1 I ~ ~ t. • •~- r77;i; ~`:: yl iii t ! y ~ a t 2 77.• ~ ~ s~ r' ~:~ • I~ ~ ~ ^ll~trl f ';~ jrl i1 !~`y~ 1 _ ~ f ~~ ___- __~--- r-- I ~-~ --~---~- i! 1 ~ ~+ ; t ~ t!l1~~ I ,_ O~AIMw~ Ap~q rA tr ». ~~- ~ DoNAID W, >aclNTGSH wsloc7wres, ~wc. .`a, I cNOwtut +wweru l~nt2~s OR. EARLEY 7.w,,.. „s.e......R....~,,.,..7ftw 7..r2....... ~ ...1. ~ca_ w..o .. O, S rw.,w a.d • .4 r~spry as.ry .1 ~M wt ,t t ,~ 1 ra !r.i._ ..a ~~.~ re .+~. w~i74_ w w .... ~•l ••~ _~r.i r.r I tU N ~ IC a'r'1 C,~'1 ~ ~-..i ~' r 0 r ~' ~ . ~ m n s 0 'o ~' ;.T~ EXHIBIT "C` DESCRrPTZON: tV r1i CD ~crCa RE-ZONING PARCEL ~ t ~ x ~ a ~ c' ~ r r ~ ~ °~ ~ ~' o ~~ ~ -a ~ ~ Beginning at the Southe~st corner of NORTH ORL„e,NDp.1t,ANC~ES SEC. 1, as recorded in PIat Boolk 12, Pagc 3, Public Records of Seminole County, Florida, run N 07° 11'37" W aloe th ~ RANCHES SEC. 1, an the Easterly Righttof-Waf I ne of Shams ORLANDO Y re Road 133.90 feet to the Southerly lin of a Florida Power Corp. Easement recorded in O.R. Book 353, Page 54, Pub is Records of Seminolo County, Florida. Run thence S 79°39'35" E along said Southerly lino 229.52 feet to the centerline of a Florida Power Corp. Ea~ement recorded in O.R. Book 353, Page 54, Public _ Records of Seminole County, Florida. Run thence along said centerline, S 00°45'26" E 4142.89 feet to a point on the North line of Lot 147, BIock "D", D.R. MZ'I'CHELL S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book I, Page 5, public Records of Seminole County, Florida, Run thence S 83°37'38" iW, along said North Tine a distance of 115.73 feet; thence N 15°55'27" V~ 2 ~ 9.20 feet to a point on the Easterly Right-of-Way Iine of Fisher Road, said . Dint being on a curve concave Southwesterly, with a radius of 558.00 feet, a c ntral angle of 39°OI'36", and a tangent bearing of N IS°48'34" W, run thcn~e Northerly along the arc of said curve, and said Easterly Right-of--Way Iir' a of Fisher Road, as shown on Plats of "NORTH ORLANDO RANCHES SIrC, 7", recorded u1 pIat Book I3 Pa Rocords of Seminole Coiu~n ty, Florida, gc 3, Public 2 -B ", recorded in Plat Book 12, Pages' 6Cand 447oPubA~O RANCHES SEC. County, Florida, and "NORTH ORLANDO R.ANCHLS SEC~IAS„Arco dedlin PIat Book 12, Pages 31 32 PubIic_R~cords of Seminole County, Florida, a distance of 380.08 feet to ths~Pt. Run thence further along said Easterly Right-of--Way lint of Fisl~cr Road the following courses: N 54°50'10" W 47.47 feet to the P.C, of ~ curve concave Easterly with a radius of 617.00 - cet and a central angle o ~ 34°30'00"; run thenceNortherly along the arc of aid curve 371.52 feet to a Pt.; thence N 20 ZO IO W t0I.87 feet to the .C. of a curve concave S ~ uthwesterly, with a radius of 1033.00 feet and 'entral angle of 17°31'15" Run thence N'orthcriy along the arc of said curve 315.89 feet to the Pt.; the~ce N ° " ' :oncave Easterly, with a r thus of 492.00 fee an~ d aof cen to the P.C. of a curve i l ° 19'45". Run thence N ~ ~ tral angle, of grtherly along the arc of said curve, 440.77 feet- to he Pt.; thence N 13°28'20' E 1257.58 feet to the P.C. of a curve concave ~cni vi_~~_v v n a n ~ v iv v r~ rm i ~rv~~cv~T~v T~~ v~_~~i~r~ . i~ ~ i ~ i Westerly, with a radius) of 1157.11 feet, and a central angle of l9°50'30". Run thencc~ Northerly a~ong the arc of said curve 400.71 feet to the Pt.; thence N 06 2210 W 490.00 feet to the Southerly Right•of-Way line of Panama ~ Road, as shown on the PIat of the aforesaid NORTl i ORLANDO RANCHES SEC. I; thence leaving aforesaid Easterly Right-of-Way line of Fisher Road, run N 83°36'3$" E along said Southerly Right-of--Way Iine of Panama Road> 710.07 feet to the POINT OF BEGINNING. All of the preceding description Lying within Lots 1II, 1119, 127, 135, 143, I2$ and 136, Block "D", D.R. ~ MITCHELL SURVEY bF THE MOSES E. LEVY GRANT, as recorded in i PIat Book 1, Page 5, Pu~tic Records of Seminole County, Florida. rv LESS AND EXCEPT that portion of Tract "A" des ~ cubed above Tying ~ -~ within-the following dcs~ribcd property: z ~~' cs ~ ~ r DESCRIPTIQN OF THE PROPERTY CONVEYED n ~ FROM CAMERON-BROWN INVESTMENT GROUP, ° ~~ ..~; .. Q;s A MASSACHUSETTS BUSINESS TRUST r~ ...ems j TO FLORIDA POWER ~CORPORATIOIV, A FLORIl7A CORPORATION "'" From the Southeast corne~ of NORTH ORLANDO RANCHES SEC. 1 as recorded in PIat Book 12~ Page 3, Public Retards of Seminole County, Florida, run N 07° 11'37" W along the East Tine of said NORTH ORLANI.?O RANCHES SEC. I a distance of 133.90 feet to intersect with Ithe Southerly line 175 feet wid e Florida Power Corporation Easement (Area "G", as recorded in ~.R. Book 353, Pagc 54, Public Records of Seminole County; Florida` thence S 79°39'35" E along said Easement lint 1140.35 feet to sts uztersectton with the West Tine of 175 feet wide Florida ~'ower Corporation Easerr~ent Area "H" as recorded in O.R. Book 353, Page 54 of said public records far the POINT OF BEGINNING; run hence N 00°45'26" W alorsg a Northerly projection of the West Iinc of Easement Arca „H.~ a dist~ntc of 152,85 feet to the-Northerly Tine of said Easement Area G ; th~en~~e S 79°39'35" E 178.34 feet along the Northerly I2ne of Easement Area G~ to intersect with a Northerly projection of the East line of aforesaid Easdment Arca "H' ; thence S 00°45'26" E 25,48 feet along said projection of th~ East line of Easement Area "H" to its intersection with the Nortt~~rly Iinc of the 100 feet wide Florida Power orporation Easement as recprded in Deed Book 193, Page 270, Public ecords of Seminola Courtly, Florida; thence S 79°39'35" E along the - ~ ortheriy line of said 100 feet wide Florida Power Corporation Easement ~i45.20 feet to an Angie point; thence S 65°04'35" E along said 100 feet u~de Easement Iine 251.90 Meet to its intersection with the East boundary dine of the Cameron-Brown Investment Group property as recorded in ty.R. Book 1124, Pagc 1762, Public Records of Seminole County, Florida; i i i I - ~~ ~.-~ a r a rn n ~~ thence S O1°27'55" W along said East boundary line 566.36 feet; thence S $9°14'34" W 718.81 ~cet to the West line of said 175 feet wide Florida Power Corporation Easement Area "H"; thence N 00°45'26" W 648.50 feet along said West lin~ of Easement Area "H" to the PEJINT OF $EGINNZNG. Being a part of Lots 1 I ~ and I l9, Block "D", D, R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book I, Page 5, Public Records of Seminole County, Florida. LESS AND EXCEPT that portion of Tract "A" described above Iying within the_following des~Cribed property; (Official Recards Book ~6I5, Page 1892} x From the Northeast corner of NORTH ORLANDO RANCHES SEC. 1, as a recorded in Plat Book 12! Page 3, Public Recards of Seminole County, Florida, run S 07°11'37" ~ along the East boundary line of said NORTH ;~~ ORLANDO RANCHES SEC. I and the East Right-of--Way line of Shore Road 20.93 feet; thence zttn N 83°37'55" E 1690.23 feat; thence S 01°27'55" W 663.10 felt; thence S 83°37'55" W 663,10 feet; thence S O1°27'55" W 2274.21 fret to the POINT OF BEGINNING; thence continue S OI°27'55" W 2199,24 feet to a point on the North line of Lai 147, Block "D", D. R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recor~ed in Plat Book 1, Page 5, Public Records of eminole County, Florida; thence run S 83°37'38" W along said North ~ine 6I5.06 feet to a point~on the Easterly Right-of-Way Line of Fisher load; thence run N IS°SS'27" W along said Easterly Right-of--Way line 0.70 feet; thence run N ~3°37'3$" E 216.98 feet to a point on the Easterly,Right-of-Way lint of a Florida Power Carpdrauon Easement, ~rea H ,recorded in O.RI. Book 353, Page 54, Public Records of Seminole County, Florida; .thence run N 00°45'2b" W along said Easterly fight-of-Way line 213$,9 feet; thence N 83°37'3$" E 497.11 feet to the ?OINT 4F BEGINNING. cQ.: r~o o-s~ r- 3eing subject to any rights~~ of-way, restrictions and easements of record. .1 ... _ _ - i -- Exhibit "D" 2 ~ ~ 7 Q ~j tiENERAL R.$L$A8E SEMINOI.E C~~ ~~••• THIS RPL8A8$ is executed this day of , 1994, by HUBERT R, EARLEY ( "Ea~ley" ) in favor of the CITY OF WINTER 6PRINGS, FLORIDA (the "City"). I IN CoNSIDERATIbN of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations, received from or on behalf of the City, the receipt of which isjhereby acknowledged, Earley does hereby remise, release, acquit, satisfy, and forever discharge the City, the City Commissioners and the City's employees and agents of and from any and all trianner of action and actions, cause and causes of action, suits, debts, dues, sums o£ money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises; variances, trespasses, damages, :judgments, executions, claims and demands ~whatsoevar, in law or inequity, specifically including claims pertaining ~to denial of due process, equal protection and taking without just compensation which Earley had, now has, or which any personal :repzesentative, successor, heir or assign of Earley hereafter can, shall 'or may have arising ou>r of or in connection with that certain action pending in the circuit Court of the Eighteenth -7udicial Circuit in and ifor Seminole County, F~,orida (the "Court"), Case No. 94-3b5-CA-16-K, excluding and except fort any claims Earley may have in connection with the City's obligations under that certain settlement Agreement between ~arley and the City dated 1994. This Release shall in no way affect the Court's urisdiction to enforce the terms of the Settlement Agreement. I IN WITNE88 W~iEREOF,~ Earley has executed this Release on the day and ear first written abava. Signed, sealed and delivered Sn the presence of: xubert R. Earley -I - i STATE OF FLORIDA COUNTY QF - The foregoing instr~iment was acknowledged before me this day of 1994, by Hubert R. Earley, who is personally~cnown to men or who has produced ' as identification and who d~.cl not take an oath. i Notary Public Name: Commission No.: My Commission Exp res: (SEAL) i i36so~xoc~roxrr ~e~. i a.ri i~ - i i:o4 ~ i i ''"~~ Ernert R Drosdick Thomas E. Franco R Kimbark La Jame M. Spoonhour John G. Manic T ,r T ry (19361983) Julu L Frry John F. Lownda Scott C. Thampwn Samuel M. Nelson O ~~ jl~ 1 j \ {L..4j~\J Jams Ballew Laun Frry, )r. Timothy J. Manor Jullan E. whitehurrt T. Todd Pktmsa William A. Beckctt Barry L Goff Daniel F. Mdntosh Jon C. Yergler Patrick R Rinks DROSDICK W~71um R Bps Jr. Auon J. Goravitz H. Gregory McNa71 Tory C. Young Mark D. Sdmaa Matthew G. Brenner Linda C. Hankim David E. Pewwn Casey M. Cavanaugh T. Aurtin Simmom Desk A. Burka lames F. Heekin, Jr. Nicholas A. Pope ~~ R Dui Ir• Wendy L Spnla DOSTER Chula C. Carrington Robert F. Higgim L A h Shawn G. Rader M R nki Teresa B Finer Chrhtopher P. Teaitare Taccano James S W. Terry Costdo oran . Jo nson orey a n Darrell D. Garvry . K:ANTOR & Janet M. Courtney W81ian E Darter Gary M. Kahtita Hal H. Rancor John A. Reed, Jr. Michael Ryan Jams J. Hector Karen A. Williams David G. Williford . WBliam T. Dymond, Jr. James G. Kattelmam Muguet H. S~hraber p~ L ~ ,AmY'S. ~~ ,_, .. . _. r..,~. ~) F p ~ D hard J. F~7da MQanda F Fitzgerald Jouph G. Kern Joseph A. Lane Cleatous J. Sv~cCioos Gary R Solo ' ~ ~aosi T M~ p ~ h bf Coumd: • ' 1 • 1 WiJ . , y y Yas .. Matthew E. Beal Attorneys at Law ~i l' ~~ ~ ,,,~ :~,; December 5, 1994 `' -"` -`' '-~ •--- ' ' VIA HAND DELIVERY The Honorable John F. Bush Mayor of Winter Springs City Hall 1126 East SR 434 Winter Springs, FL 32708 Re: Earley Settlement Dear Mayor Bush: In a discussion that Frank Kruppenbacher and I had on Friday, we agreed that I would reproduce a new original of the execution blocks on page 10 that removes the signature block reserved for Mr. Kruppenbacher. We need to have you and the two witnesses who attested to your signature re-execute the revised page 10 so that it may be substituted in the original Settlement Agreement that will be recorded in the public records. It is important that the same two witnesses attest to your signature because a copy of the Settlement Agreement was filed with the Court. Once the revised page 10 is executed, please ask someone in your office to call my secretary, Maureen Liontis (843-4600, extension 265). Maureen lives in Winter Springs and will be able to stop by City Hall to pick up the revised page on her way to or from work. Thank you for your assistance with this matter. Since ly, it des F. Fitzgerald MFF/mel Enclosure c: Frank C. Kruppenbacher, Esquire (w/enclosure via U.S. Mail) Michael Roper, Esquire (w/enclosure via U.S. Mail) 027024/38431/161831 215 NORTH EOLA DR[VE • POST OFFICE BOX 2809 • ORLANDO, FLORIDA 32802 TELEPHONE 407-843-4600 • FAX 407-423.4495 MEMBER OF COMMERCIAL LAW AFFILIATES WITH OFFICES IN PRINCIPAL CITIES WORLDWIDE THE "CITY" ATTEST (Print Name STATE OF FLORIDA COUNTY OF THE CITY OF WINTER SPRINGS,FLORIDA, a Florida municipal corporation By: (Print Name Its: The foregoing instrument was acknowledged before me this day of 199_, by Hubert R. Earley who is personally known to me or has produced as identification. Notary Public Name: (Printed or Typed) Commission No. My Commission Expires: 157139 (11/29/94) (11/11/94) 1 THE "CITY" ATTEST ~~. , Q G Q o„~.....:~ ~ -- ( rint Name) THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municip ~c,/o~r~p~o'r~ation `/y~uF ,S~rSr~ (Print Name) Its : ~G~~?, ~~.v+-~-7 Approved as to form and legality for use and reliance upon by the City of Whiter Springs, Florida Frank C. Kruppenbacher City Attorney STATE OF FLORIDA COUNTY OF Ck' The regoing in trument was a knowledged before me this ot~~' day of 199 by Hubert R. Earley who is personal y known to me ~r ~~~ ~ ~ d Notary,~ ublic Name : GffiC~GG ~. ,Dy~~cyD•eT~- (Printed or Typed) Commission No. My Commission Expires: NOTARY PUBLICS STATE OR PI.OIt10A AT LAKCin MY COMtA15510N EXPIRES AUGUST 10, 1993 BONDED TNRU ASMTON AGENCY INC. 157139 (11/29/94) (11/11/94) 1