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Home My WebLink About1999 06 14 Public Hearings Item C I" COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular June 14, 1999 Meeting 1v1 . 1 Authorizatio REQUEST: The Community Development Department-Planning Division requests the Commission hold a public hearing on the second reading and adoption of Ordinance 723 to consider annexation of a 7.558 acre parcel approximately ~ mile east of the beltway on the north side ofS.R. 434. PURPOSE: The purpose of this agenda item is to request the Commission hold a public hearing on the second reading and adoption of Ordinance 723 to consider annexing a 7.558 acre parcel into the City. The parcel is adjacent to the Battle Ridge property. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171. 044( 1) Florida Statutes which states "The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of a said municipality that said property be annexed to the municipality". The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). CDD/JlUle 3,1999/9:27 AM JUNE 14, 1999 PUBLIC HEARING ITEM C Page 2 CONSIDERATIONS: I. SUMMARY OF APPLICATION 1. APPLICANT: David and John Cathcart 1757 West Broadway St., Suite 3 Oviedo, FL 32756 2. REQUEST: To annex into the City of Winter Springs. 3. PURPOSE: To develop the property for commercial uses. A. SITE INFORMATION 1. PARCEL NUMBER 04-21-31-300-0130-0000 2. ACREAGE: 7.558 acres CDD/June 3,199919:27 AM OWNER: Eleanore Wofford & Edna Slappey 723 Mount Vernon Street Orlando, FL 32803 JUNE 14, 1999 PUBLIC HEARING ITEM C Page 3 3. GENERAL LOCATION: Approximately 12 mile east of the beltway (S.R. 417 "the GreeneWay") north ofS.R. 434 and adjacent to the Battle Ridge property. 4. LEGAL DESCRIPTION: THE WEST 2/5 OF THE EAST 5/8 OF THE NORTH Y4 OF THE SOUTHEAST Y4 (LESS THE EAST 165 FEET) OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING SUBJECT TO ANY RIGHTS-OF-WAY, RESTRICTIONS AND EASEMENTS OF RECORDS. 5. CHRONOLOGY OF SUBJECT PROPERTY: The property is in the unincorporated area of the county and contains a 600 sq. ft. "hunting" cabin and shed. 6. DEVELOPMENT TRENDS: This general area along S.R. 434 near the greeneway is experiencing development pressure. In recent years the McKinley's Mill residential subdivision was built on the south side ofS.R. 434 just west of the subject property. Recently, the Battle Ridge property was approved for a 108 lot residential subdivision and conservation area. Just to the west of the beltway, Hess Service Station has been constructed, and a CDD/June 3,1999/9:27 AM JUNE 14, 1999 PUBLIC HEARING ITEM C Page 4 Kash-N-Karry Food Store is planned as well as a 252 unit apartment complex. 7. EXISTING LAND USE OF SUBJECT PROPERTY: The majority of the parcel is vacant with native vegetation, except for a 600 sq. ft. "hunting" cabin and shed. 8. LETTERS/PHONE CALLS IN FAVOR OR IN OPPOSITION: Inquiry from Ms. Valerie Al-Jamil, resident of McKinley's Mill subdivision on the south side of S.R. 434 nearby. 9. CITY COMMISSION DISTRICT: N/A B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: Vacant, treed area to Lake Jessup. South: S.R. 434 and south of this roadway is vacant land. East: Action Enterprises and a single family residence and storage building. West: A junk: yard and auto repair business. CDD/JlUle 3,1999/9:27 AM JUNE 14, 1999 PUBLIC HEARING ITEM C Page 5 C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (county) "Suburban Estates" (maximum 1 DU per acre) D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (city) "Lower Density Residential" (1.1 - 3.5 DU per acre) South: (Oviedo) "Low Density Residential" (1 - 3.5 DU per acre) East: (county) "Suburban Estates" (maximum 1 DU per acre) West: (county) "Suburban Estates" (maximum 1 DU per acre) E. ZONING OF SUBJECT PROPERTY: Existing: (county) A-I "Agriculture". F. ZONING ADJACENT TO SUBJECT PROPERTY: North: (no zoning assigned to conservation portion of Battle Ridge property) CDD/June 3,1999/9:27 AM JUNE 14, 1999 PUBLIC HEARING ITEM C Page 6 South: (Oviedo) R-I "Residential" (8,500 sq. ft. lot size) east of McKinley's Mill C-l "Commercial" west of McKinley's Mill. East: (county) A-I "Agriculture" West: (county) A-I "Agriculture" STAFF RECOMMENDATION TO THE CITY COMMISSION: Staff recommends the City Commission approve the second reading and adoption of Ordinance 723 annexing a 7.558 acre parcel approximately ~ mile east of the beltway on the north side of S.R. 434. IMPLEMENTATION SCHEDULE: The ordinance for annexation immediately takes effect upon adoption. ATTACHMENTS: A. Ordinance 723 B. Area map of annexation parcel. C. Annexation application. COMMISSION ACTION: CDD/June 3,1999/9:27 AM ATTACHMENT "A" ORDINANCE NO. 723 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING A 7.558 ACRE PARCEL OF LAND, ALSO KNOWN AS "THE WOFFORD/SLAPPEY" PROPERTY LOCATED APPROXIMATELY ~ MILE EAST OF S.R. 417 (AKA "THE 'GREENEWAY") ON THE NORTH SIDE OF STATE ROAD 434 PURSUANT TO 171.044(1)(2) and 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the applicant, John & David Cathcart (contract purchasers), has petitioned the City of Winter Springs to be annexed into the City. WHEREAS, the City will provide to the subject parcel sewer and water service and other urban services it provides to the City. WHEREAS, the City has expressed an interest in annexation in the past, (ref 8-14-95 City Commission meeting). NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs annexes the following described real property: v oJ' ~ _, .......... .l v. ..,I .... "f:V l V..... o.).tQ U ,'1(; 1:" IV:;t! A:;:;C,H; l4J 0021002 99038.0005 SL4865 3/8/99 WINTER SPRINGS EXECUTIVE PARK. NOTES IWm 05/12/99 - 11:21 AM - Page 1 of 3 WINTER SPRINGS EXECUTIVE PARK (METES & BOUNDS) DESCRIPTION (pREPARED BY DONALD W. McINTOSH, INC.): A portion of the West 2/5 of the East 5/8 of the North 1/4 of the Southeast 1/4 of Section 4, Township 21 South, Range 31 Eastt Seminole County, Florida, being descnoed as: Commence at the East 114 comer of Section 4, Township 21 South, Range 31 East, Seminole County, Florida, and run N 88045'30" W along the North line of the Southeast 1/4 of said Section 4 for a distance of 1157.43 feet to the POINT OF BEGINNING; thence continue N 88045'30" W along said North line for a distance of 497.66 feet; thence run S 01003'03" W along the West line of the West 2/5 of the East 5/8 of the North 1/4 of the Southeast 1/4 of said Section 4 for a distance of 665.35 feet; thence run S 88048'53" E along the South line of the North 1/4 of the Southeast l/4.of said Section 4 for a distance of 492.38 feet; thence run N 010]0'19" E parallel with and 167.43 feet west of the East line of said West 2/5 of the East 5/8 of the North 1/4 of the Southeast 1/4 for a distance of 664.87 feet to the POINT OF BEGINNING. Containing 7.558 acres more or less and being subject to any rights-of-way y restrictions and easements of record. SECTION II - If any section or portion of tius Ordinance proves to be invalid, unlawful or W1constitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION III - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV - This Ordinance shall take effect immediately upon adoption, in accordance with 166.041(4) Florida Statutes, and Section 4.15(c) City Charter of City of Winter Springs. PASSED AND ADOPTED this 14thday of JUNE , 1999. A 1TEST: C~~~L~ ANDREA LORENZO-LUACES, INTERIM CITY CLERK FIRST READING MAY 24, 1999 POSTED MAY 25, 1999 SECOND READING AND PUBLIC HEARING JUNE 14, 1999 ATTACHMENT "B" \' \\ \\ . \ ------- UP ~ ~1. 7-t. ATTACHMENT "C" - CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 APPLICATION FOR ANNEXATION Df\\J\o) . APPLI CANT: C Ant c... f\-(L T CO ~\tt--A-c.::n rJG- CD fV\ P Af'J ~ - -:TO H,...i CfPt:1-t cflfL"J Last First Middle ADDRESS: \i5-, f . \ \..1'--' ." !{3, fU) f\{) V-..) Ps L( S ~T F-t.-6 (LI 0 A- State Su \ --r--€- 3 3'-- IbS Zip Code Ov i E..-DO City PHONE: 3~b - I02?. X 1"7 - This is a request for annexation into the city of Winter Springs of the property described below: Address of Property proposed for annexation in the City: ADDRESS: 500 weSi 5. K.. L{ 3Lj OV Ic..Dl> F-LO(2.. \ 0 Pr 3> 2.- -, b S- City ) State Zip Code Tax Parcel Number:. 0'-1 "2..\3\ 3000\30 0000 Size of Parcel: I. 38 Ac.f-tS sq. ft./acres. County Future Land Use Classification S UB0(t.~~ t.S~S County Zoning Category A- \ Intent of request for annexation into the City of Winter Springs: ~WL\ U\- t--ST Df--5. I fLfl-S .It> f'L6.- -z,o~ L SU &.:rri-c.:r PfU).pfd:\--r1 Tb Q2)M m~G1 A-C frNo Df...Vk.-lDP. fit ............."".....-.~.. ~. TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION: * A copy of the most recent survey of the subj ect property. * A copy of the legal description. * Notorized authorization of the owner (if applicant is other than owner or attorney for owner) [See below]. * 11 X 17 map showing zoning and land use classifications on adjacent property. * Annexation Application Fee, which includes: * Property with legal description up to 50 words in length: $ 350 * Each additional portion thereof: increment of 50 words or $ 25 * NOTE: Property being annexed at invitation of the city is exempt from above fees. eJ ***************************************************************** FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY This is to certify that I am the owner in fee simple of subject lands described above in the Application for Annexation. ~~ SIGNATURE OF . ER Sworn to and subscribed before me this~ day of I. () '"'^-: Q 19~ . --r--"" \\\\\1 Ill" 1111//1 ~,\'i. oJ ft Jan I'll//. ~ ",~~.......esc?/.~ ~ .0 551 '0 'r ~ Personally Kno~ ...~",\-11\ ON~'" ~ - -.. o;S.~tJl.y '-1 ~. '::: L-Produced Identi~~<:~':!f'on/~ gf I. D '\="\S:')~LD ~'2..QL12.6~' t) 0 ==: .'0 '" :*= If' SI ~qO'L. * * -!!t * ** ** * * * * * * * * * * *~~.\.*~'illllJfl* */'f!.! ** ** * * * * ** * * * * * ** * '1.**** ******* * FOR U E N APP~ ~ndeI~I'<N.~.::trHE OWNER OF SUBJECT PROPERTY ~ 4,'. <1/n-lnSU\Y.. ~' </8. ........ \)~ ~ '///III/'l.tC, STAlt \\\\\\" /IIJ 111\ A~ R. JANIESE~ I.. C2..-.-. '.p o~ ),... NOTARY L C My COIDml ion expires: SIGNATURE 0 Sworn to and this~ day 19~. me Qfha,a.~ NOTARY PUBLIC My Commission expires: t>> ~rsonally Known Produced Identification/type of 1.0. Did take an oath i'~.lfll~y, DEBRA A. EGAN mr MY COMMISSION /I CC 7JQ71J ~~.'" ....;: ~ EX PI RES: 0712212001 QoJ, . mOO tFla ~.aJ,c..la,;caAB('O(j)a:t: It! 0) CD @) C1D @ -..---. ~ @~ SR 43 '.r.l Ut. E \I 11 : GD \ @ . . ~~ @ ,t --... --=' . <a) . @ 85!13!13SS 13:~G /' 3550535 .:.'T'=:L IFF PROPERTIES PAGE 02 RATCLIFF P.F~:,<~- :' :.~:JRTIES COMMERCIAL AND RESIDEr~r(~ .::']ElRAGE ':~1~~~6f2~~~~1:~.l~~~':~;:~.;:il~~~~~~:::-:.~::t:~~ .~:J~Y~- it... ....... :'- OWNE.R AUTb.'riJ~~~~E;:;-', . _c:~ilON LEITER Property: 500 West SR 4J4 Oviedo, Florida 32765 Tn IrDiJ: 041131300 OUO 0000' Tbe owner, Eleanor Wofford, ~;1'T~~.\-} : ):orizes Dave and John Cathcart of Cathcart Contracting Company ~f) ~qli!J~;:':. ":?UcntIODS to the necessary govemmentalagencie$ relAting to f:ry:: G~:;::" .:':.:1.:1 llnd development 01 the property. All applications relating to such !.1ppJGVi~> <~(:lll be reviewed by Stephen Ratcliff of Ratcliff Properties prior to submission of [T'.: ;':"'.oon, . J? ~ m~Zt Eleanor Wofford Sworn to Wld subscribed before me this ~ day of OF ~b~~'~.\< , My commission expires: AMY R. JANESEK Personally Known \\\\11111" 11/111(. ~,\\ \\. Jane IIII/. ~'\~:1........sQ,f "/" S' .~. \&S101(..... ~ '" '-to . ~ ~ .. ZY IJ ~.. -:;. - ..1. .~ ~. - ~:~ ~ "': ;. -*. ..... ."*= %Z>~. KC 707868 f ~ ~ ~ ~ '. A_ ~.. k ~ ,,-"9; . ~ "tiMed \T"" 4. Q'.;::- ~1'r;;~~Flln.l"'~~~~ ~.I:.vJ:t ......~\)' ~ -'111 cllte 511'\\" \\\" 11////,; filiI \\ \\\ 'i. 'i Produced ID I Type of ro ~:.l",y~~,.,~>,~ '2\ \.. ~'2.a2....'2. '2. (.c; I a \"'-:.;'.'\ ~\ \ 0 z... Did take an oath ~ Did not take oath 996 WESTWOOD SQt,},':.~:r~ ::i .:',!- 3 OVIEDO. FL. 3276~ PH. 407-:)(,;:,..r;-:; :-,;c. 407-~~65J() ..~.........'-, .' .~- :...... nr............ \ I1/1,K : MNNC. nUti.;)t CLERI-', OF CIRCUiT COURT fH C_ ,\ ; 332579 :'>t.i'll NU Lt. t-UUft I .;. r l... RECORDED & VERIFIED 99 FEB 15 P~l 2: 28 ..' ;...... ...... r ~,' ~~., . .i\ ANNEXATION AND PRE-DEVELOPMENT AGREEMENT . JO.",,^,Jj THIS AGREEMENT is made and entered into this ;;.c!"'- day o(~y, 1998, by and between the City of Winter Springs, Florida (herein referred to as the "City") and Battle Ridge Companies, Inc. (herein referred to as the "Owner"). W t I N E SSE I H: WHEREAS, Owner owns property located in unincorporated Seminole County on the east side of the State Road 417 (a/kla "The GreeneWay") and north of State Road 434 and has filed an Application for Annexation of Owner's property into the City which land is described on Exhibit "A" attached hereto and incorporated herein, and WHEREAS, the City has encouraged Owner to annex into the City and acknowledges the continuing permanent benefit which the City will receive by virtue of annexing Owner's property and acquiring the right to provide municipal services to the Property, and WHEREAS, the City has determined that it is in the City's best interest to enter into this Agreement to assure Owner of the future availability of adequate municipal services, including sewer and water service, at such times and in such capacities as may be necessary to allow Owner to develop the Property as set forth herein, and WHEREAS, Owner's plans for development of the Property as a high-quality, residential development have been deemed by the City to be of substantial economic benefit to the City and its citizens. Owner's plans further include creating a conservation area for the benefit of preserving and protecting over two-thirds of the Property in its natural state, which will be of substantial benefit to the City and its citizens, and WHEREAS, the City. has determined that it is feasible and in the City's best interest to extend into Owner's Property other municipal services, such as police protection, fire protection, sewer and water service, trash and garbage removal, street and storm drainage maintenance, and WHEREAS, in reasonable reliance upon the provision of water and sewer service, municipal services, and other inducements to annex, Owner has filed said Application for Annexation pursuant to 171.044, Florida Statutes, and WHEREAS, Owner has filed an application with the City for a large scale comprehensive plan amendment to change the Future Land Use Map designation of the developable portion of the Owner's property designated on the Seminole County Future Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling 1 c...) en C11 We rrr \.0 0- ::t 0-' W A- :z: c- o :t- o r" ,.,., C") ~ it a 0 (' ""T1 N ~~ r- C>c -.J r'l <r. , ,. units per acre) and to change that portion of the Owner's property designated on the Seminole County Future Land Use Map as "Conservation Overlay" to the City's Future Land Use Map designation of "Conservation." and WHEREAS, Owner has made an application to the City to rezone the developable portion of Owner's property from Seminole County Zoning Map designation A-1"Agriculture" to the City's Zoning Map designation R-1A "One-Family Dwelling District," and WHEREAS, Owner is further willing to annex if the City agrees to cooperate in the effort to amend its Comprehensive Plan Future Land Use Map to accommodate and be consistent with the land uses permitted for residential uses as described herein and otherwise do what is reasonably necessary to rezone the property pursuant to these land uses. and WHEREAS, the first reading of Ordinance 694 to annex the property was held on January 12, 1998 and the second reading ~nd public hearing of Ordinance 694 was held on January 26, 1998, and WHEREAS. the first reading of Ordinance 695 to adopt the large scale comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map ~ designation of the property was held on January 12, 1998 and the second reading and ~ public hearing of Ordinance 695 was held on January 26, 1998, and ~ r rT' WHEREAS, the first reading of Ordinance 696 changing the Zoning Map g designation of the property was held on January 12, 1998 and the second reading and :." public hearing of Ordinance 696 was held on February 9. 1998. and r- eo w Ul. \.0 W c::> f"..) roc C) -T\ C> ..., ~n ;:::. r- :;:I. rT r:- -u::: J>::: c>c rrtt. WHEREAS, Owner and City believe that it is in the best interest of each party to enable the Property to be developed substantially in accordance with the preliminary development plan attached hereto as Exhibit "B" (the "Preliminary Development Plan") and as further described herein, in accordance with Part II of Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act (the "Act"), other applicable Florida Law and the Charter and Code of Ordinances of the City. and o WHEREAS, City and Owner hereby acknowledge and warrant to the other that this Agreement and any future acts as required hereby are binding and enforceable on the City and Owner in accordance with their terms. and WHEREAS, the agreement of the City to provide inducements as set forth in this Agreement (including land use approvals) and be bound by this Agreement, as well as the City's assurance to the Owner that this Agreement is enforceable against the City and that the City will not seek to thwart enforcement based on any claim of invalidity, 2 ,i are all material inducements to the Owner to enter into this Agreement, and the Owner would not voluntarily annex into the City or enter into this Agreement but for such agreement and assurances by the City, and WHEREAS, Owner has already made and will continue to make financial commitments and has paid and will continue to pay substantial sums of money in contemplation of the rezoning and redesignation of land use to develop the Property, and Accordingly, in consideration of mutual benefits, the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS: EXHIBITS. The above recitations are true and correct, are hereby incorporated herein by reference, and form a material part of this Agreement. All exhibits to this Agreement are hereby deemed a part hereof. SECTION 2. AUTHORITY. This Agreement is entered into under the authority of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 163 and 166, Florida Statutes), and the City's Charter. SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT. A. Owner filed with the City, on August 2, 1995, an Application for ~ Annexation of the Property, which is conditioned upon the adoption of this Agreement.~ The City initiated the process to accomplish the annexation in accordance with law. ~ rT! B. Owner has filed with the City, on August 2, 1995, an Application for g Comprehensive Plan Amendment in order to amend the City's Future Land Use Map tG,-, include the Property and provide for a future land use designation for the Property of I Lower Density Residential. The City initiated the process to accomplish the Comprehensive Plan Amendment in accordance with law. SECTION 4. DEVELOPMENT OF THE PROPERTY. A. The sizes, configurations and boundaries of the parcels and roadways shown in the Preliminary Development Plan are for conceptual planning purposes only and shall not bind Owner to develop the Property in strict conformity with the Preliminary Development Plan. In the event of any conflict between the terms of this Agreement and the Preliminary Development Plan, this Agreement shall control. B. The classification labels and descriptions pertaining to the parcels and the locations of the lake/conservation/retention areas shown in the Preliminary 3 w c:.n \.0 W CD c:: O'"T1 o "T1 ~n ::> r.- ::::rJ fT1 o n ...... -00 .~ :x>::::o c;"} 0 \.0 Pl (n Development Plan are approximate. The exact location and configuration of said lake/conservation/retention areas shall be subject to change pursuant to regulations of the appropriate county, state and federal permitting agencies. The parties acknowledge that portions of the lake/conservation/retention areas shown in the Preliminary Development Plan may be identified as wetlands. Owner may use, develop or set aside isolated or marginal wetlands provided that the same is in compliance with all federal, state, county, water management district and other applicable local regulations. C. Following delineation of the jurisdictional wetland lines, the parties acknowledge that the parcels in the Preliminary Development Plan are calculated in gross developable acres and when developed will include, as necessary, storm water retention and detention areas, recreation and open space, streets as well as the lake/conservation/retention areas shown in the Preliminary Development Plan. D. As designated in the Preliminary Development Plan, the Property shall be developed pursuant to the standards established for zoning categories consistent with Lower Density Residential Land Use on the City's Future Land Use Map. The City will support and approve a rezoning to R-1A One-Family Dwelling District allowing residential use consistent with the Preliminary Development Plan, this Agreement, and the City's Comprehensive Plan and the City's Land Development Code. E. The parties acknowledge that the Preliminary Development Plan shall be the basis for Owner's development of the Property, subject to such modifications as (f) may be mutually agreed upon by the parties or are required by existing City ordinance~ The parties recognize that as the development process proceeds, it may be necessaryz to amend the Preliminary Development Plan either: (i) as may be mutually agreed up~ by the parties; or (ii) as permitted by Section 163.3233(2), Florida Statutes; or (iii) as ~ required by currently existing City ordinances. The City shall do what is necessary anct=' within its power and authority to grant and allow development permits and approvals, ~ including, without limitation, platting, for the orderly development of the Property in accordance with this Agreement. F. Owner represents to the City that Owner shall establish a homeowners' association to ultimately own and maintain the entranceway amenities and other commonly owned amenities within the residential development on the Property. G. Owner or its authorized representative shall submit to the City such applications and other documentation and shall comply with such other procedures as may be normally and customarily required by the City for comprehensive plan amendments, rezoning, platting, site plans and other development approvals or permits. Owner acknowledges and agrees that the City will not be responsible for any money expended by Owner if the Comprehensive Plan Amendment is not approved by the State. 4 w U1 \0 W roc C> .." C> ""'l =^n :t> r- :::J .., (") -00 'l> :0 C')C) p, trl o N ~ <::) ';. . H. Except as otherwise set forth herein, all development of the Property shall be subject to compliance with current City ordinances, and with regulations of state, local and federal agencies. SECTION 5. PROPERTY OWNERSHIP. Owner acknowledges and represents to the City that Owner is the owner of the Property and that Owner is empowered to enter into this Agreement. Owner further represents that nothing in this Agreement is barred or prohibited by any other agreement between Owner and any governmental agency or any third party. SECTION 6. PROVISION OF PUBLIC FACILITIES AND SERVICES. A. The City represents that it has sufficient water capacity and pressure to serve the Property. The City represents to Owner that the City has a ten (10) inch water line located approximately 1,200 feet from the western boundary of the Property at State Road 434 and that Owner has the right to connect to such water line. All lines and. connections necessary to provide water facilities and services shall be provided from the City's water line to the Property by Owner. Owner shall, upon completion of construction and installation of such water line, deliver to the City a statement setting forth the cost of the construction and installation thereof. Subject to approval of FOOT, the City represents to Owner that all necessary rights-of-way to allow installation of all lines and connections necessary to provide water facilities and services from the City's water line to the Property as aforesaid are available. en rrl B. The City represents that it has sufficient sewer capacity to serve the :t Property. The City represents to Owner that the City has a six (6) inch sewer line ~ located approximately 2,200 feet from the western boundary of the Property at State r fT1 Road 434 and that Owner has the right to connect to such sewer line. All lines and n connections to provide sanitary sewer services shall be provided from the City's sewer ~ line to the Property by Owner. Owner shall, upon completion of construction and ~ installation of such sewer line, deliver to the City a statement setting forth the cost of the construction and installation thereof. Subject to approval of FOOT, the City represents to Owner that all necessary rights-of-way to allow installation of all lines and connections necessary to provide sewer facilities aDd services from the City's sewer line to the Property as aforesaid are available. The City will take all steps necessary to assure that sufficient capacity to serve the Property with sanitary sewer services shall be available when needed for development by reserving for the Property sufficient equivalent residential units ("ERU's") for the proposed project. The Owner shall be required to pay annual guaranteed revenue charges for each ERU (Water and Waste water Equivalent Residential Unit) beginning at the time of Florida Department of Environmental Protection construction application, and continuing annually until issuance of a construction certificate of project infrastructure by Florida Department of Environmental Protection. .(,,0) U1 \.D W c:::> N l") CDe C) -'1 <::) ":Tl ~n l> r.- ~J :To o -u c:: J;>o:::c c>c r'1 u: 5 C. The City hereby agrees that Owner has the right to delay payment of water and sewer connection fees until issuance of each building permit by the City for construction of a single family residence on the Property. The City hereby represents that the current service availability charge for sewer is $1,890.00 and the current service availability charge for water is $560.00. The Owner shall be required to pay the service availability change applicable at the time said fees are assessed on a parcel or property. D. The parties acknowledge and agree that it is not feasible to install reclaimed water lines in this development; accordingly, the same shall not be required. E. No septic tanks shall be allowed on the Property. SECTION 7. CITY CONDITIONS OF APPROVAL. It is hereby ORDERED AND RESOLVED by the City Commission of the City of Winter Springs, Florida, that the property referred to as the BATTLE RIDGE PROPERTY (hereinafter referred to as the "Property"), be annexed into the City, designated on the Future Land Use Map and in the City's Comprehensive Plan as "Lower Density Residential" and rezoned to R-1A subject to the following terms and conditions: A. Comprehensive Plan Amendment/Effective Date. w Ul \.0 W roc o-n o-n ~- n J.> r- ::v :-rl (") -00 :t>:u (;)0 P1(r, (Il The effective date of this Agreement shall be the date on which the :2 Comprehensive Plan Amendment (LG-CPA-1-95) is approved by the Cityz This Agreement shall be recorded with the Recording Department of the ~ Clerk of Courts of Seminole County within ten (10) days after execution bE the Mayor of the City. ~ B. Development of the Property. o -n1"V r- f'.) .'" 1. The Property shall be developed in accordance with ,- . Comprehensive Plan Amendment (LG-CPA-1-95) which designates the Property City Future Land Use Map "Lower Density Residential" (1.1 to 3.5 Dwelling Units per acre). However, the actual net developed density shall not exceed 2.56 units per acre. 2. The property shall be developed as a residential community with preservation of the wetlands portion of the Property in a non- developed natural state. The uplands portion of the Property shall be developed as a residential community in accordance with the requirements in Chapter 20 Article III, Division 4, R-1A One Family 6 Dwelling District, and Chapter 9 of the land Development Regulations, Winter Springs City Code. C. Wetlands. 1. Any existing wetlands or other areas which are in the jurisdiction of the Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District (SJRWMD), or the U.S. Army Corps of Engineers (ACOE) shall be subject to the applicable rules and regulations of those respective agencies. 2. Following final wetlands boundary determination and platting, but within one year of this Agreement, the Owner of the Property shall convey, at no cost to the Grantee, the wetlands portion of the Property to a responsible public or private non-profit environmental agency reasonably acceptable to the City. Pursuant to City Code, all wetlands shall be delineated according to FDEP, SJRWMD, and ACOE jurisdictional lines. 3. To further protect the adjacent wetlands, Developer agrees to design its stormwater runoff and retention system for the uplands developable portion of the project in accordance with Outstanding Florida Water (OFW) design criteria as established by Florida Department of Environmental Protection and the St. Johns River Water Management District. 4. Property will be developed in a manner to avoid any negative impacts on any endangered plant or animal species. Further, no construction shall be permitted within the one hundred (100) year flood plain line as most recently established for this property. D. Fire and Police Public Safety Facilities Impact Fees. Applicants for building permits within the Property shall comply with the City Impact Fee Ordinances, as they may from time to time be amended, imposing impact fees for fire and police public safety facilities. E. Transportation. 1. Applicants for building permits within the Property shall comply with the City Road Impact Fee Ordinance, as it may from time to time be amended, imposing impacts fees for transportation improvements. 7 W en U1 0)< O' rrl \.0 O' ~ W ::T.( :z: 0 r IT' n C) 0 f"-> -0' "Tl J>: r f"V (;)1 U) p,. 2. The costs of all street signs and traffic control signs and devices located within the Property, shall be borne by the Owner or Developer. 3. The Owner or Developer agrees to improve the State Road 434 project entry, as part of required installations of subdivision improvements required by the City Code on the Property, to allow two (2) outbound and one (1) inbound entry movements, . acceleration and deceleration lanes along State Road 434, provided these improvements are allowed by Florida Department of Transportation. 4. The Owner will design its internal road network to preclude connection to adjacent properties to the east. To further assure that the road system is not connected to future developments to the east, Developer will dedicate on the plat or by separate recorded instrument ten feet of property on the east property line of Owner's developable property to the project's homeowner's association as a preserve area. The only improvements which shall be allowed in said preserve area are those necessary to effectuate any type of natural scenic trail, as expressly authorized by Owner. w F. Wall. CI) U1 we: n1 \0 O"TJ ::r O"TJ W ~- The Owner or Developer of the Property shall install a six (6) foot mason~ CJ l> wall on that portion of the Property separating any actual residential unit~ r- :::u from proposed commercial properties along the north side of State RoadCJ 0 rT1 4~. ~ C) N -00 "TJ )>=u r- I'..) c>c) G. Building Restrictions. +- Plc.n The building restrictions shall be those found in the R-1A Single Family Dwelling District, Chapter 20, Article III, Division 4 of the Code of Ordinances of the City. They are: 1. Residential Areas: a. Minimum lot size of residential sites within the Property shall be eight thousand (8,000) square feet with a minimum lot width of seventy five (75) feet measured at the front building line. The maximum number of lots shall be one hundred and ten (110). 8 b. Building setbacks shall be: Front: 25 feet Side: 7.5 feet Rear: 25 feet Corner lots: On corner lots, the front line setback of twenty- five (25) feet or more must be maintained, but a fifteen (15) foot sideline setback will be permitted on the street sideline, provided the corner lot faces the same way as all other lots in the block. If the building faces the long dimension of the lot or where corner lots face a different thoroughfare than other lots in the block, the twenty-five (25) foot or greater setback must be maintained from both. thoroug hfares. c. U"l rTI :J: :z o r Forty (40%) percent of the lot area is the maximum which ~ may be covered by the principal and accessory buildings org structures located thereon in the R-1A One Family Dwelling~ District. r Lot coverage. d. Building height. No building or structure shall exceed thirty-five (35) feet in height. e. Residential floor area. The minimum heated/air conditioned floor areas shall be 1,800 square feet. 2. Non-residential Area. a. The non-residential area of the Property shall comprise the wetland areas following final boundary determination and platting, it is the intent of the Owner of the Property that no development occur within the wetland areas. 9 w U1 \D W rue o-n => ..., ~- CJ J;> r- ;0 "1 (J -00 ):>:::0 C') c::> t ." <n c::> N N U1 3. b. Following final boundary determination and platting, an wetlands shall be delineated according to FDEP, SJRWMD(n and ACOE. Wetlands shall mean those areas established fT1 as jurisdictional by these agencies. ~ o I Open space. ~ n C> . All areas lying outside primary and accessory buildings will be ""'1 counted toward open space requirements, including entrancewayS:- stormwater management areas, yards, lot landscaped areas, and easements. 4. Development plans. a. For the duration of this agreement, except as otherwise provided for herein, all development plans and standards shall meet the regulations and policies of the City in effect at the time of execution of this Agreement. b. Where there may be a conflict between this Agreement and the City development regulations, this Agreement shall prevail. c. Developer acknowledges its obligation to develop/construct all improvements on said property in accordance with all applicable City codes modified pursuant to State of Florida Statute 163.3233 and Federal laws as they may from time to time be amended unless specifically modified herein. d. Parks and recreation. No on-site park or recreation facilities will be required of this development. The developer is required to pay a fee-in-lieu per Policy 1 of Objective E in the Open Space and Recreation Element of the City's Comprehensive Plan. The fee-in-lieu will be established by the Parks and Recreation Director. e. Water and Sewer. I. The City shall provide potable water service to the Property. The Owner or Developer will pay for the extension of trunk lines to the buildable portion of the 10 c".) . CJ1 \D c".) we c)"Tl C) ." ~- CO) 1> r- ?J r11 ,=, -00 >:::0 00 fT1(f) o N N 0" Property and pay other customary costs necessary or required in connection with such service. ii. The sizing of the trunk line shall be sufficient only to provide water service to the buildable portion of the Property and to no other surrounding properties. III. The City shall provide central sanitary sewer collection and treatment service to the Property. The Owner or Developer will pay for the extension of trunk lines to the buildable portion of the Property and pay other customary costs necessary or required in connection with such service. IV. The sizing of the trunk line shall be sufficient only to ~ provide central sanitary sewer collection service to 3: the buildable portion of the Property and to no other ~ surrounding properties. ::; 5. Homeowners Association. A mandatory homeowners association will be formed to provide a responsible entity to maintain all common areas. 6. The Developer shall make a good faith effort to have the retail value of the completed homes and lots to be in the $180,000 and higher price range. H. The Developer shall make a good faith effort to have the Florida Audubon Society designate this project as environmentally responsible. I. The Developer shall conduct a grid archeological survey of the developable site prior to commencing construction of the subdivision improvements. J. To ensure continuation of the Cross Seminole/Florida National Scenic Trail, the Developer shall coordinate with Seminole County during the subdivision platting process to explore opportunities that might exist to extend the trail through the Property. including extension through the ten (10) foot preserve area required in section 7, part E. paragraph 4 of this Agreement. 11 w U1 \D W OJe 0.'" <::> .." ~- CJ l> r- ;;Q fT1 Cl -00 :t>;o c)c) Pl<.n go "TIN r- N -J SECTION 8. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE. A. This Agreement shall take effect upon City Commission approval of the Comprehensive Plan Amendment (LG-CPA-1-95) and shall remain in effect for a period of ten (10) years from the date of execution. B. This Development Agreement shall be binding upon all successors in interest to the parties of the Agreement. C. The effective date this Agreement may be extended upon request of the Owner or Developer and City Commission approval. SECTION 9. LAND USE ZONING AND DEVELOPMENT REGULATION APPROVALS. The development of the project must comply with the conditions of the Agreement. In the event a development requirement, permit, condition, term or . restriction is not addressed in this Agreement, the development will comply with the zoning ordinance, subdivision regulations, and other applicable land development codes in effect .as of the adoption of this Ag~eement. (f) l"Tl :r z SECTION 10. CONSISTENCY. The City finds this Agreement and its terms a~ conditions consistent with the City's Comprehensive Plan. CO) o SECTION 11. REMEDIES. The developer agrees that the only remedy for the~ Owner in the event the Owner asserts the City has breached this agreement is an action for injunctive relief in the Circuit Court of Seminole County, Florida. Owner shall have no right to monetary damages or attorney's fees in the event the City breached this agreement. SECTION 12. DUE DILIGENCE. The City and Owner further covenant that they shall immediately commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Ag reement. SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that Owner may engage one or more developers or builders (hereinafter referred to as "Developer"), other than Owner, to effect the development of the Property, including the sale of all or portions of the Property to such developers or builders. Upon recordation of this Agreement in the Public Records of Seminole County, Florida, as hereafter provided, successor builders or developers shall be bound by the terms hereof. SECTION 14. MISCELLANEOUS. A. Entire Agreement. This Agreement sets forth all of the covenants, agreements and conditions between the parties hereto, and supersedes all prior and 12 w CJ'1 \D W an:;; 0-" 0-" :;1:;- n l> r.- -::rJ m D -00 :t>::o c;") CJ P1Cf) o N N COO contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. B. Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identity of the party or parties, successors or assigns may require. C. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an. original, but all of which shall together constitute one in the same instrument. D. Governina Law. This Agreement shall be construed in accordance with the laws of the State of Florida. E. Severability. If one or more provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. F. Contraction. In the event the City fails to adopt an amendment to the Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map designating the Property as described herein or the City fails to implement any of the conditions set forth herein, Owner shall have the right to deliver a notice to the City requesting a deannexation and contraction of the Property which the City shall have the absolute obligation to implement. G. Notice. Any notice to be given in accordance with this Agreement shall be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return ~ receipt requested, to the party being noticed at the following addresses: ~ ::z: o r- rn (J o AS TO CITY: City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 ATTN: City Manager COPY TO: City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 ATTN: City Clerk 13 o "N r- N \.D w CJ'1 \.0 <:..) We; Q~ 0-., =-;-- () l:> r- :::u :-T1 (") -UQ ::t>;:o ClQ r., en AS TO OWNER: ~. u,\.\ \\ \\~\U~~ I SQ...\L.U:.-1~~I~N\ Carl rFiaehkorn, President Battle Ridge Companies, Inc. 1000 River East Drive Belle, West Virginia 25015 COpy TO: Frederick W. Leonhardt, Esq. Gray, Harris & Robinson, P.A. 201 East Pine Street Suite 1200 Orlando, Florida 32802-3068 SECTION 15. DEVELOPMENT RIGHTS. Owner shall have the right to use and develop the Property as described in this Agreement. Furthermore, Owner does not waive any right to use or develop the Property arising under the common law or the laws of the State of Florida. This agreement is subject to provisions of Florida Statute 163.3235, and 163.3241 providing for periodic review, and modification or revocation of a development agreement to comply with subsequently enacted state and federal law. The Development Agreement is also subject to Florida Statute 163.3233 regarding the local laws and policies governing a development agreemen~::_, ... l..!;,_....r.. ..-.\. '" ~ ADOPTED by the City of Winter Springs this: 7'; ~::' da/o.J-May, 1998. IN WITNESS WHEREOF, the Owner and the City have executed this Agreement as of the day and year approved by the City. ~ :r 2: (:) r- BATTLE RIDGE COMPANIES, INC. rT1 CJ (:) 0 ...,,,, r-~ o w CJ1 \.0 W OJC (:)~ 0-., ~c=; 1> ,-- ::tI 0T1 -:-;1 -'0'- :1>;0 1:')0 ('1(1) ~/~~- eith Hartman Senior Vice President 14 STATE OF ~){)S-.j- V:--r8/-o,-C,-- COUNTY OF~vhCL {1, Febn.{Q Of 9., Th~egoing instr/Joent was acknowledged before me this ~ day o~ ..J 1997' by' K. L P,JJ, (jfY10n who is personally known to me or produced as identification. AFFIX NOTARY STAMP \ r: {' ( I\,,--z_ ~+~---- '--eiTI CLERK ~_. STATE OF FLORIDA COUNTY OF SEMINOLE Si f Notary Public , ),Jd:f"K '1?mlJJn)Ot!L (Print N tary Name) My Commission Expires: .;;J-I/ -;;JC:1:!8 Commission No.: ~ Personally known, or o Produced Identification Type of Identification Produced -1L. KM-(j was a~'ffio .1 _ AA b~t9Le me this \ I day of ~y. ~l'io I ersorlaliYKnown to m or produced as identification. L .."6'- Mary T Lynch *~ *My Commission CCn4136 ';.~",,:J' Expires September 10. 2002 AFFIX NOTARY STAMP F:\USR\OKELLY\OEV7.AGT I/I~ . Print Notary Name) My Commission Expires: Commission No.: _ k- Personally known, or o Produced Identification Type of Identification Produced ~ fl)~L 1 ~{)()d- /3 !,o 15 w en \D W we C) ." C) ." An l> r- :::0 .., ;:-:> -00 >:::0 c:;,o n1(1) o 1'1.) C,...) Ceglbility U nsatiSfact rEor Mfcrof/' ory I l/1/ng filii 6/ I UFF ICtAL Ktvut\\.J.J BOOK PAGE ~/J593 0232 SEMINOLE. CO. FL LAND DESCRIPTION: A PARCEL Of LAND L YlNG IN SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS. BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST SEMINOLE COUNTY, fLORIDA; ll-fENCE RUN SOUlli 88040'53- WESTo ALONG THE NORlli LINE OF SAID stcnoN 4, A DISTAN~E OF 5407.95. FEET; THENCE LEAVING SAID NORTH UNE. RUN SOUTH 00017'58- EAST, A DISTANCE OF 898.74 FEET, TO A POINT ON THE' NOR TliEASTERL Y RIGHT-Of-WAY LINE Of THE EASTERN BELTWAY: lliENCE, ALONe lHE SAID NORTHEASTERLY RIGHT-Of-WAY UNE THE FOLLOWING FIVE (5) COURSES: RUN SOUTH 2E"08'4S- EAST. A DISTANCE OF 113.24 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5649.58 FEET AND A CHORD BEARING OF soon-; 28011'35.0 EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04017'40- FOR AN ARC DISTANCE 423.45 fEET TO A POINT: mENGE, LEAVING SAID CURVE RUN SOUTH 30026'2S.~ EAST. A DISTANCE OF 95.07 FEET. TO A POINT ON A CURVE CONCAVE SOUll-fWESTERLY HAVING A RADIUS OF 7737.43 fEET AND A CHORD BEARING OF SOUTH 29.53'21" EAST: THENCE RUN SOU THEAS TERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03"22')4" FOR AN ARC DISTANCE OF 455.94 FEET, fa THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 7743.44 FEET AND A CHORD BEARING OF SOU TH 25.18'27"' EAST: THENCE RUN .SOUTHEASTERL Y ALONG TliE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OT31~40" FOR AN ARC OISTANCE Of 476.79 FEET TO A POINT: THENCE, LEAVING SAID CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY. RUN NORlli 890St'53" EAST, A DISTANCE OF 606.29 FEET; THENCE RUN SOUTH 00"17'44" EAST. A DISTANCE OF 25.00 fEET, TO A POINT. ON" THE SOUTH LINE OF lHE NORTH J /2 OF SAID SECTION 4; lliENCE RUN NORTH 8905' '53" EAST. ALONG SAID SOU TH LINE, A OIS T ANCE or 3070.77 FEE T, TO A POIN T ON lliE WEST UNE OF THE EAS T 1/2 OF THE NORTHWEST 1/4 aF THE NORTHEAST 1/4 aF mE SOUTHEA'5T 1/4 OF SAID SECTION 4; THENCE RUN SOUTH 00-07'42- VttST. ALONG THE SAID WEST LINE, A DISTANCE OF 648.41 FEET. TO A POINT ON THE NORll-fERLY RIGHT-OF-WAY LINE af STATE ROAD 434; THENCE RUN saum 89038'50- EAST. ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE Of 331.84 FEET, TO A POINT ON THE EAST LINE OF Tt{E NORTHWEST 1/4 OF THE NORlln~:AST 1/4 OF. THE SOUTHEAST 1/4 o.F SAID SECTION 4; 11-iENCE, LEAVING SAID NORTH RIGIH-aF~WAY LINE, RUN NORm 00002'02- WEST; ALONG SAID .EAST LINE, .A DISTANCE OF 319.03 FEET, TO k POINT aN lliE saun-r UNE OF THE NORm 1/2 OF mE NORTHEAST 1/4 OF THE NORTHEAST 1/4 aF THE So.UllfEAST 1/4 OF SAID SEcnON 4; lliENCE RUN NORlli 89'5001.:5- EAST. .ALONG SAID SOUlli UNE. A DISTANCE OF 661.88 FEET. TO A POINT ON. THE EAST LINE aF THE NORTHEAST 1/4 OF THE NORTliEAST -1/4 OF THE So.UlliEAST 1/4 OF SAID SECTiON 4; THENC( RUN NORTH 00021'Jlw WEST, ALONG THE SAID EAST LINE, A DISTANCE OF 306.88 FEET; THENCE. LEAVING SAIO EAST LINE, RUN SOUTH 89051'53" WEST, A DISTANCE o.F 25.00 FEET; THENCE RUN NORfH 00"21'31" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON'mE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 4; THENCE RUN NORTH -89'51'53" EAST. ALONG SAID SOUTH LINE, A DISTANCE OF 25.00 FEEf TO THE EAST 1/4 CORNER OF SAID SECTION 4; THENCE RUN NOR TH 00'29'51'" WEST, ALONG THE EAST. LINE or THE NORTHEAST 1/4 OF SAle SECTIaN 4, A DISTANCE OF 247J.71 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SEMINOLE COUN TY. FLORIDA AND CON T AINING 296.'}7 ACRES MORE OR LESS.