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Home My WebLink About1990 06 25 Regular .!d~S,. June 13, 1990 . TO: FROM: City Manager City Engineer \(~ ~~~~llW[[~ JUN 14 1990 SUBJECT: Perimeter Fence of the Effluent Percolations Pond along Saranac Drive (Tuscawi11a Unit 14B) CITY of WIIHER ~jJillf'lCv CITY MANAGER The chief legal counsel for the enforcement section for the Florida Dept. of Environmental Regulation in Tallahassee, Mr. Larry Morgan, was contacted on June 12, 1990 to discuss the fence and buffer zone department rule for effluent percolation ponds. He was explained the circumstances and concerns the City had with adjacent property owners to the City's percolation pond. He said he would review this situation with personnel who developed the buffer rule for the agency. Mr. Morgan called back later in the day and provided the following information. . The most recent rule (Chapter 17-610.251 effective April 1990 would not apply to the existing pond because it was constructed about four years ago. This rule would apply with the 50 foot buffer only when the waste water permit would be renewed. Therefore, it still would be imperative to retain possession of the 52.7 ft. of property between the toe of the pond berm and the adjacent private properties. With regard to the location of the existing fence, it could remain at its present location but recommended some type of definitive demarcation of the property line between the pond property and the property owners. Therefore, my memo of June 6, 1990 is hereby modified presenting the following options: a. Allow the existing fence to remain at its present location but have a more aesthetic fence, e.g. a split rail fence installed along the property line as a means of denoting the property boundary. In addition, place whatever additional trees that may be obtained from Gulfstream Orlando, Inc. along this split rail fence property boundary to additionally enhance the visual barrier for the property owners. Please note this was a recommended solution presented to the Commission by one of the adjacent property owner's, at the Monday night Commission meeting of June 11, 1990. b. In addition to to the public, by eliminating The other option is to move the fence to the property line. providing a buffer to the pond which would not be accessible it could potentially reduce any liability risks to the City public access to this buffer area. . jfg cc: Utility Manager-WSWS-East Finance Director Terry Zaudtke Utility Manager-WSWS-West A G~lJJ()A L Tb"rV1 It[ C . . . " ~~@~llWlli:~ MAY 25 1990 \6 C4 <;. - em at WHUffi SPRl~ ma;~ May 25, 1990 TO: FROM: City Manager L~~ ~ City Engineer ......~~ SUBJECT: Acceptance of Private Streets, Brentwood and Meadowbrook Drives in Wildwood The streets, Brentwood and Meadowbrook Drives, were inspected to determine if the right-of-ways conformed to City standards. In addition, the approved engineering of the roads was reviewed and was found to meet the City standards. There is one exception to Meadowbrook Drive the City should not accept; the Section that is the narrow north-south portion of this street does not meet City standards which is located at the east end of the east-west section of the road. It was noted that there are two large islands for two very large oak trees located in the middle of the intersection of Brentwood and Meadowbrook Drives where very large vehicles do or may encounter difficulty in making turns. In addressing the acquisition of Tanglewood Road west of Wildwood on the north and Tanglewood north of Wildwood on the south, as noted in a letter dated April 18, 1990 from Mr. Grimm, it is recommended that the City does not accept these streets since they do not meet City standards. jfg cc: Director of Public Works Land Development Coordinator Planner Fire Department Police Department Utility Manager-West ~ MM...~l/l1,'. (; I~ic; () 6/ifVe.'1Uf { 1J-1 ~.N~;It,. j -n:m ./1l c;. Co c--~ L02;~ WILDWO~~ J!~~ES. INfL_ S I ;2 ~ I 9 u -\-0 ~J~ter Springs. FL 32708 ~ !rfJt~';~~~W~\ffiy ,11~Oi~1~. ~qS'- :>-C;SO D,~~~ ~l!l\ l ,f\A Jl~ J:."-'l '90 , vvv- ~ ..-yt-i',L-)M.,~ 0 JlY: . I' A P ri 1 18, 1990 J\PR 20 \9 ~ cv}-~. V/~ <_"IIPA~~ lY~ \N1E.R SPR\NGS Mr. Richard Rozans'ky, City Manager C\1't of \N ANAGER City of Winter Springs f"'.0I- r , Cli't III 1126 East State Road 434 ~I. ~, ~~ . I /J.I nAI ~ Winter Spring', Florida 32708 ~ ~ Dear Mr. Rozansky, f. ,su ;).. -- ./ , . We are requesting your assistance involving street maintenance in our subdivision. We currently have several streets which are maintained by us but which we would appreciate the City of Winter Springs assuming them. The northern and southern extensions of Tanglewood Road are extensions of the original Tanglewood Road which the City accepted in the 1970's. We have no idea why the City did not require proper right of ways when they were extended in the 1980's. . In addition, we believe that both Brentwood and Meadowbrook Drives which were installed in the mid 80's were installedvery close to the standard requirements. During the past few years the water and sewer lines running beneath many of these streets have caused considerable problems, even on some of our smaller streets like Cypress. Last year this association spent over $40,000 to repair and regrout almost the entire length of Meadowbrook Drive due at least in part to the extremely poor sewer connections at the Elmwood Drive intersection. A few weeks ago the water department had to come out and repair a large leak including a four foot hole right in the middle of the southern extension of Tanglewood Road. At this point in time, to the best of our knowledge, all of the storm sewers in the above mentioned streets are in good condition. Within a few weeks or so Wildwood and the original section of Tanglewood will be resurfaced by the City. Tha pavement on Brentwood and Meadowbrook Drives is still in excellent condition. Given the fact that the City owns the Water and Sewer Company which is contributing significantly to our problems, and given the fact that these streets are currently in basically good condition, we would very much appreciate it if the City of Winter Springs would assume future maintenance of these streets, namely Brentwood Drive, Meadowbrook Drive, Tanglewood Road west of Wildwood . June 21,1990 Conklin, ~ort.r and Holm.. ~ ~ ENGINEERS. INC. a 500 W. FULTON STREET POST OFFICE BOX 1976 SANFORD. FLORIDA 32772.1976 TEl 407.322.6641 TEL 407.631.5717 FAX "407.330.0639 C~)M MIMIf't~1( - c,I -rr cJ l:!/uG. .... . ..~ ,~.~.-.- Mr. Richard Rozansky Ci ty Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 RE: Flow Splitter Box Replacement Winter Springs Water & Sewer East Plant CPH Job No. 6136.10 . Dear Mr. Rozansky: On Wednesday, June 13, 1990, at our firm was present at the bid project. This bid included two addition to the Base Bid item. steel for the box construction; aluminum; and Alternate #2 used coating. Enclosed please find a copy of the bid tabulation for the project. 2:00 p.m., a representative of opening for the above-referenced (2) alternate bid items in The Base Bid usesd stainless Alternate #1 used marine grade carbon steel with a paint The following is a recap of the Base Bid and the two alternates. Contractor Base Bid A 1 t. #1 Al t. #2 Florida Environmental U t i1 i ty Construction, Inc. $19,500 $11 ,433 $8,033 M.W.M. Contracting $28,350 $22,500 $16,300 Pe rry Lefevre, Inc. $28,666 $26,424 $15,517 Pat's Pump & Blower $42,872 $23,943 $16,645 As can be seen, the bid prices resulted in a very wide range. We feel that the bids were very competitive and were in line with the engineering estimate, which had a range of $15,000 for the steel alternate to $20,000 for the Base Bid. . IJ (;,8'ylJ 17 T(PY! C CD .. Conklin, ~orter and Holmes ~ [;Q) ENGINEERS. INC. a 500 W. FULTON STREET POST OFFICE BOX 1916 SANFORD. FLORIDA 32712-1916 TEL 401-322-6841 TEL 401-831-5111 FAX '401-330-0639 , . 6/21/90 Mr. Richard Rozansky City ~1 a nag e r City of Winter Springs Page 2 We recommend that the City proceed with the stainless steel box for the following reasons: 1. Since the present flows are not equal to the maximum flows that will be treated by this facility, we have the capability now to divert flow to the percolation ponds without going through the remaining portion of the process. In the future, we will not have this option, therefore, the rehabilitation of this splitter box becomes very difficult, more costly and time consuming as bypass pumping would be requi red. 2. The flow splitter box is the critical component in the process chain and becomes more critical as flows increase. . 3. The low bid received for the construction of the stainless steel box is below the engineering estimate of $20,000.00. 4. We believe that the stainless steel box (normal service life 50 years) will exceed the lifetime of the other two materials, and not require replacement during the life of the wastewater treatment facilities. 5. We believe that the existing box was attacked by the residual chlorides from the chlorination process at the wastewater treatment plant. Although the marine grade aluminum is designed to withstand chloride attack, we are not certain that the chlorides that exist in salt water exhibit the same corrision characteristics as chlorinated effluent. We believe that the normal service life of the marine grade aluminum in this environment is 20 years. 6. From experience, we know that the carbon steel, with a coating has a normal service life of 10 years in this type of environment. . 7. A present worth analysis is attached for your review that indicates that stainless steel in this environment has a slight advantage over the other materials in the long run. Florida Environmental Utility Construction, Inc. has provided work for the City on previous contracts. To date, we have had no problems with this company in any regard. The quality of their work, cooperation, and level of experience have always been above average. , . . . ..- 6/21/90 Mr. Richard Rozansky City Manager City of Winter Springs Page 3 Conklin, ~orter and Holmes @ ~ ENGINEERS, INC. a 500 w. FULTON STREET POST OFFICE BOX 1976 SANFORD. FLORIDA 32772-1976 TEL 407-322-6841 TEL 407-831-5717 FAX .407-330-0639 We recommend that the City award this project to the low bidder, Florida Environmental, based on the Base Bid, which is the construction of the box out of stainless steel, Type 316. If you have any questions concerning the above, please do not hesitate to call us. Si ncere1y, C~KLIN,ftP RTER & I~IOLMES-ENGINEERS, .:Pwr . ,c~ T e r ry ~i. au d t k e, P. E. Vice-President TMZ:pat Attachment (as stated) xc: Doug Taylor Harry Martin Leonard Koz10v Mike DeWitt 6/19 L2P INC. . . . ... ~ BID TRBlILAfIOH FlO~ SPLITTER BO~ REPLBCEHEMT ~IHTER SPRIHGS.FLR. BID OPENING OM &/1;/90 ================================================================================================================================================= FlORIDN ENVIROhMENTAl '. UTI U T'r' COtiSTRUCrrOIi.INe. Hl-lH COtilRACTItiG CORP. PERR',' - LEFEVER,IHe. PAT'S PUMP 3: BLOl-lER.ItK. LONG~OOO. FLN. NT. DORA. FLA. ALTAMO~TE SPRINGS, FLA. ORLANDO.FLA. ITEN NO. ------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------- OESCRIPr:;:ON UNIT TOTAL COST TOTAL COST TOTRL COST TOTAL COST BASE BID -------- (STAINLESS STEEL) NOBILI2ATIOM/DEMOBILIZAfI~. L.S. 600.00 1000.00 21;00.00 210.00 ... EXISTIHG FLO~ SPLITTER ~~ REI10VAL CI T'!' RETAI HS EXI Sf . BOX. L.S. noo.oo 2000.00 2200.00 8~O.00 :3 FURtH SH AHO I MSTI1LL NEW FLO~ SPLITTER BOX IHCLUOIr~ RECO~NECTIOM OF ALL PIPING. L.S. 17600.00 25350.00 2386G.00 "11822.00 ---------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------- TOTAL BffSE BID 1'9'500.00 28350.00 286GG.00 ~2872.00 AL TH:t~ATE 810 11 -------- (HARINE GRADE RLUHINUHD 1 HOBILI2ATION/DEHG~ILIZATlON L.S. GOO.OO 1000 . 00 21:.00.00 210.00 2 EXISTING FLOW SPLITTER BOX REMOVAL. CIT'!' RETAINS E~IST. 80X. L.S. noo.oo 2000.00 2200.00 8"10.00 3 FURNISH AHO INSTALL ~EW FLO~ SPLITTER &Y^ IHCLUOIMG RECOHHECTIOM OF ALL PIPING. L.S. '9533.00 1'3500.00 21&2;.00 229'33.00 ---------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------- TOTAL ALTERNATE BID Ii 1l~33.00 22500.00 2S"l2~.00 23'3"13.00 ALTERHATE BID 12 ---------- (CARBON STEEL ~/COAL TAR EPOX'" COATI MG) 1 MOBILlZAfION/DEHOBILI2ATION L.S. SOO.Oo. 1000.00 21:.0.0.00 210.00 2 EXISTING FLO~ SPLITTER BOX ~Et10l}flL_ CIT'!' RETAINS EXIST. BOX. L.S. 130.0.00 2000..00 2200.00 8"\0.00 3 FURNISH RHO I~STALL NEW FLO~ SPLITTER BOX INCLUOItffi RECOMHECTIOM OF ALL PIPIHG. L.S. G133.0o. 13300.00 10717 .00 155'35.00 ---------------------------------------------------------------------------------------------------------------------------------------------- ================================================================================================================================================= TOTAL ALTERMAfE 810 12 8033.00 lE-30o..OO 15517.00 lE.G~5.00 I . . . . / . ASSUMPTIONS: No Salvage Value Cost of Money is 8% Inflation is 5% Differential is 3% SERVICE LIFE Stainless Steel Type 316 50 years Aluminum, Marine Grade 20 years Carbon Steel with Coating 10 years Comparison must be made on an equal basis of 100 years. Present worth of stainless steel box: SS B = ss B @ time zero + SSe at 50 years = $19,500 + PW (19,500; 50 years, 3%) = $19,500 + $4,448 = $23,948 Present worth of aluminum box: AlB = AlB @ time zero + AlB @ 20, 40, 60, and 80 years = $11,433 + $6,330 + $3,505 + 1,941 + $1,074 = $24,283 Present worth of carbon steel box: C~ = CSo @ time zero + CSB @ 10, 20, 30, 40, 50, 60, 70, 80, and 90 years = $8,033 + $5,977 + $4,448 + $3,309 + $2,463 + $1,832 + $1,363 + $1,014 + $755 + 561 = $29,755 . \ .. L....NSING. ...,CH,G....N HOUSTON. TEX....S . . LAW OFFICES HONIGMAN MILLER SCHWARTZ AND COHN 2290 nRST NATIONAL BUILDING DETROIT, MICHIGAN 48226.3583 TELEPHONE (3131256.7800 TELECOPIER 13131 962.0176 TELEX 235705 WEST P....LM BE....CH. F"LORIO.... T....MP..... F"LOR'O.... BOC.... R....TON. F"LOR'O.... Orlando Office: 135 Central Blvd., Suite 1100 Orlando, FL 32801 (407) 648-0300 - ph (407) 648-1155 - fax M E M 0 RAN DUM TO: MAYOR, CITY COMMISSIONERS AND CITY MANAGER, CITY OF WINTER SPRINGS, FLORIDA FROM: DATE: RE: FRANK KRUPPENBACHER, CITY ATTORNEY ift- JUNE 23, 1990 SETTLEMENT OF COMMERCIAL PROPERTY LAWSUIT - TUSCAWILLA Attached hereto is a copy of the revised settlement agreement in the above-referenced matter. Negotiations regarding same concluded at 6:30 p.m., June 23, 1990, and were on-going since our last City Council meeting. In re-negotiating and revising this agreement, we have addressed each of the issues raised in Don LaBlanc's memo of April 3, 1990, May 21, 1990 and June 11, 1990 and the issues raised by the Commissioners at the council meetings. Addi tionally, the orginial map approved by the Commission was reduced and is attached and included herein as an Exhibit. Also, on June 11, 1990, the staff was furnished a survey on Parcel 15 and the legals for all the properties are with the staff. Please review the document and I will speak with you on Sunday and Monday prior to the public hearing in order to address any concerns or suggestions you may have. Thank you. AttachmentjOR0054d FeK . . . SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED MATTERS THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED MATTERS (the "Agreement"), is made and entered into as of the day of , 1990, by and between WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership (hereinafter referred to as "WSDJV"), and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "City"). WIT N E SSE T H: WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 (the "Annexation Ordinance"), which Annexation Ordinance annexed certain property comprising what is commonly known as the Tuscawilla Planned Unit Development (the "Tuscawilla PUD") into the Village of North Orlando, Florida; and WHEREAS, the Tuscawilla PUD originally consisted of approximately 3,500 acres and was approved for development of 9,747 total dwelling units; and WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PUD based upon an overall development plan and set forth requirements for open space, recreation space and other development matters; and WHEREAS, subsequent to the Annexation Ordinance, the Tuscawilla PUD was developed in accordance with the approved overall development plan, subject to certain amendments which redesignated uses of several parcels within the Tuscawilla PUD, all of which amendments were in compliance with the overall Tuscawilla PUD concept and approvals in effect, and were effectuated in order to better utilize open space and allocate densities within the Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of the Tuscawilla PUD was reduced; and /C/DAH/6786062AMD 06/22/90.2 1 . WHEREAS, the developers of the Tuscawilla PUD have asserted that the Tuscawilla PUD was designed with the concept of a central core (the "Central Core") of commercial property, in the parcel commonly known as Parcel 61, to service the entire Tuscawilla PUD, which Central Core was integral in the design of the overall road system and infrastructure of the entire Tuscawilla PUD; and WHEREAS, on January 14, 1988, Gulfstream Housing Corp., successor by merger to Winter Springs Development Corporation, entered into a Contract to Sell certain real property to D & M Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core; and . WHEREAS, the City refused to allow a shopping center development within the Central Core; and WHEREAS, such denial led a series of discussions and negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida (the "Court"), Case No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a Florida joint venture, through its General Partner, Gulfstream Housing Corp., successor by merger to Winter Springs Development Corporation, Petitioner v. City of Winter Springs, a Florida municipal. corporation, Respondent (the "Petition"); and /C/DAH/6786062AMD . 06/22/90.2 2 . . . WHEREAS, in an attempt to resolve the issues surrounding the Petition, WSDJV and the City agreed to a mediation of this matter, approved by the Court, which mediation was held on February 2, 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and the City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla PUD and amend the Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within the Tuscawilla PUD and in keeping the original approvals granted relative thereto; and WHEREAS, the property remaining to be developed (which shall not include real property which presently has or is presently being reviewed for site plan approval, plat approval, building permits, or other similar approvals or matters) within the Tuscawilla PUD consists of approximately 366.3 acres (collectively the "Remaining Property") consisting of: approximately 32.3 acres designated as Parcel 14C ("Parcel 14C"), approximately 35.0 acres designated as Parcel 61 ("Parcel 61"), approximately 201. 3 acres designated as Parcel 15 ("ParcellS"), approximately 77.0 acres designated as Parcel 80 ("Parcel 80"), and approximately 20.7 acres designated as the Lake Jessup Property (the "Lake Jessup Property"), which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached hereto and expressly incorporated herein by this reference; and WHEREAS, pursuant to this Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, this Agreement is in the best interest of the City and will promote the health, safety and welfare of the citizens of the City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes (1989), as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, notice of intent to consider this Agreement has been properly published and given; and WHEREAS, the City has determined that it is "in the best interest of the the City and its citizens to settle the Petition by adoption of this Agreement; and 3 /C/DAH/6786062AMD 06/22/90.2 . . . WHEREAS, the City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth herein. NOW THEREFORE, for and in consideration of settlement of the Petition and other and good and valuable consideration, WSDJV and the City hereby agree as follows: 1. The foregoing recitals are true, correct and accurately reflect the matters affecting the Tuscawilla PUD and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. 2. The Remaining Property shall be developed in the following manner: PARCEL ACREAGE LAND USE UNITS 14C 31.2 Single Family 125 1.1 Seneca Boulevard 61 33.0 Single Family 198 1.4 Commercial 0.6 Service Road 15 67.0 104.0 25.2 3.6 1.5 Commercial Single Family MUlti-Family Vistawilla Drive Fire Station 416 504 80 74.0 3.0 Multi-Family Tuscora Drive 1,480 Lake Jessup Property 20.7 Multi-Family 166 TOTAL 366.3 2,889 3. The acreages described within each Parcel are approximate acreages only and shall be finalized at such time as a final survey of each parcel is obtained. Therefore, the legal descriptions set forth on Composite Exhibit "A" are subject to revisions based upon such final surveys and sound land planning techniques, it being the intent of this Agreement that this Agreement be inclusive of all remaining undeveloped real property within the aforedescribed parcels within the Tuscawilla PUD as of the date hereof. 4 /C/DAH/6786062AMD 06/22/90.2 . . . 4. The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maximum allowable acreages for commercial property within each such parcel. Notwithstanding the foregoing, WSDJV shall have the right to make minor revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acreages on a gross basis do not exceed those set forth above, subject to the applicable provisions of the City Code. 5. The land use designations set forth herein are inclusive of less intensive uses under the City Code of the City for development of the Remaining Property, subject to the regulations of applicable governmental agencies. 6. Within the land use classifications set forth herein, such classifications shall be inclusive of all permitted uses within such land use under the Code of the City and ordinances in effect as of the date hereof. Commercial shall not include those uses described in Section 20-252 of the City Code, as same exists as of the date hereof, as Numbers (7), (9), (13), (17), (19), (22), (24) and (25). 7. Attached hereto as Exhibit "B" and expressly incorporated herein by this reference is a depiction of the Remaining Property and the land uses associated therewith. Attached hereto as Exhibit "c" and expressly incorporated herein by this reference is a depiction of Parcel 15 and the land uses associated therewith. Exhibits "B" and "c" are intended for reference only as the City and WSDJV acknowledge that the land uses shown thereon are an approximation only as to boundaries and the boundaries of such land uses may vary in order to make better use of the Remaining Property in keeping the terms and provisions of this Agreement. The parties agree that Exhibits "B" and "C" shall collectively constitute the certified map and plan of the Remaining Property in the Tuscawilla PUD. Access points and roadways show the number and approximate location of such matters, which location will be finally determined at the time of site plan approval and/or plat approval of the respective property such minor adjustments and revisions shall be permitted, provided such changes shall not result in an increase in the commercial acreage or units on such parcel, except as otherwise permitted herein or by City Code. 8. WSDJV agrees to dedicate a one"and one-half (1.5) acre site for a fire station located adjacent to State Road 434 in the 5 /C/DAH/6786062AMD 06/22/90.2 . residential section of Parcel 15, at the location depicted on Exhibit "B". 9. WSDJV shall be entitled to transportation impact fee and other impact fee credits for the dedication, planning, development and construction of Tuscora Drive and Vistawilla Drive, which road are determined to be collector roads and other public dedications in an amount equal to the impact fee credits permitted under the Transportation Impact Fee Ordinance or other applicable ordinances adopted or to be adopted by the City, for right-of-way, planning, design, development and construction of such roadways. 10. The access points of the Remaining Property along State Road 434 shall be of the number and in the approximate locations as depicted on Exhibits "B" and "C"; however, said access points shall be subject to Florida Department of Transportation requirements, guidelines and standards. 11. In the event of any conflict between this Agreement and any other ordinance, approval or similar matter regarding the Tuscawilla PUD, this Agreement shall control and govern the rights and obligations of the parties hereto and such approval or similar matter. . 12. Any and all approval, master plans, plans, submissions and other similar matters affecting the Remaining Property are hereby automatically amended to conform to and reflect the provisions and intent of this Agreement. 13. Buffering of the Remaining Property shall be subject to the provisions of the City Code at the time of site plan approval. 14. In order to develop the Remaining Property, WSDJV shall be required to comply with the Code of the City, it being the intent of this Agreement that this Agreement constitutes a revision to the approved map and master plan of the Tuscawilla PUD and that in order to develop any portion of the Remaining Property, the remaining approvals necessary consist only of site plan or plat approval and final engineering approval, as provided by the aforedescribed Code regarding Planned Unit Developments and specifically Chapter 20, Article IV, Division 2, Part A, which applies to the Remaining Property. 15. WSDJV agrees that the City may adopt a special tax dis- trict encompassing that portion of the Remaining Property and other property located adjacent to. State Road 434 from the 6 . /C/DAH/6786062AMD 06/22/90.2 . . . eastern boundary line of the City to State Road 419, for improvements and beautification of State Road 434. 16. WSDJV agrees to grant and convey a ten foot (10') easement to the City over and across the southern boundary of Parcel 14C abutting the City of Oviedo, Florida, on or before thirty (30) days from the date this Agreement becomes final and is no longer subject to appeal. 17. It is the intent of the parties that although the petition be dismissed without prejudice, the Court shall retain jurisdiction over this matter and specifically with regard to this Agreement, in order that any disputes hereunder shall be resolved by the Court, pursuant to such proceedings as the Court may deem necessary in order to accomplish the foregoing. Neither party hereto admits to any liability whatsoever with regard to the Petition and the subject matter thereof. Further, this Agreement is in no way intended to affect the appropriateness or inappropriateness of either parties' position or circumstances with regard to the Petition or the events, circumstances and subject matter thereof. In the event that the Court, at any time, determines not to retain jurisdiction over this matter, the parties hereby expressly waive and agree not to assert the defenses of statute of limitations and laches in any subsequent action related hereto. 18. This Agreement shall inure to the benefit of and be binding upon the City and WSDJV and its or their respective successors and assigns. 19. The rights and obligations of WSDJV hereunder are fully assignable and transferable, including but not limited to, in the event any portion of the Remaining Property is conveyed by WSDJV, and in such event the City shall look solely to such transferee or assignee for the performance of all obligations, covenants, conditions and agreements pursuant to the terms of this Agreement. 20. This Agreement contains the entire agreement of the parties hereto. Any change, modification, or amendment to this Agreement shall not be binding upon any of the parties hereto, unless such change, modification or amendment is by ordinance and in writing and executed by both the City and WSDJV and adopted by the City by ordinance. 21. This Agreement shall be interpreted pursuant to the laws of the State of Florida. 7 /C/DAH/6786062AMD 06/22/90.2 . . . 22. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall for any reason, and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 23. In the event of any controversy or dispute arising between the City and WSDJV in connection with this Agreement, including without limitation, in any settlement, in any declaratory action, at trial or in any appellate proceeding, the prevailing party shall be entitled to recover any and all costs and expenses associated therewith, in whatsoever nature or form, including without limitation, reasonable attorneys' fees, paralegal fees, legal assistants' fees, expert witness fees and other professional fees and expenses associated therewith. 24. This Agreement and any modification or amendments hereto may be recorded in the Public Records of Seminole County, Florida; however, failure to record this Agreement or any modification or amendment hereto shall in no way invalidate same. IN WITNESS WHEREOF, the City and WSDJV have executed this Agreement as of the date and year first written above. "WSDJV" WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership Signed, sealed and delivered in the presence of: BY: GULFSTREAM HOUSING CORP., a Delaware corporation, General Partner By: J. Glenn Marvin, III, Vice President (CORPORATE SEAL) 8 /C/DAH/6786062AMD 06/22/90.2 . . . Attest: Mary T. Norton, City Clerk /C/DAH/6786062AMD 06/22/90.2 BY: HOME CAPITAL CORP., a California corporation, General Partner By: Louis E. Vogt, Vice President By: Joy DeCaro, Assistant Secretary (CORPORATE SEAL) THE "CITY" THE CITY OF WINTER SPRINGS FLORIDA, a Florida municipal corporation By: Leanne M. Grove, Mayor 9 . . . STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, J. GLENN MARVIN, III, as Vice President of GULFSTREAM HOUSING CORP., a Delaware corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official seal in the County and State last aforesaid, this ____ day of , 1990. Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LOUIS E. VOGT, as Vice President of HOME CAPITAL CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official seal in the County and State last aforesaid, this ____ day of , 1990. Notary Public My Commission Expires: /C/DAH/6786062AMD 06/22/90.2 10 . . . STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOY DeCARO, as Assistant Secretary of HOME CAPITAL CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official seal in the County and State last aforesaid, this ____ day of , 1990. Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LEANNE M. GROVE, as Mayor and attested by MARY T. NORTON, as City Clerk of THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, to me well known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same for the purposes therein expressed, on behalf of the municipality. WITNESS my hand and official seal in the County and State last aforesaid, this ____ day of , 1990. Notary Public My Commission Expires: /C/DAH/6786062AMD 06/22/90.2 11 .;1, . LAND USE GO srNGLE "AAMILY t:::3 MULTI FAMILY ~ COMMEROAL Cl ~D R.O.v.'. .. ' +-, ,\It ~.:~ l~~i t ;!~~f r ~-:_ f.') ~~1i J~ I,',",k~' '40."...(1. ~~3' ...,,~. :'~~.., ,. :! f /':<jt. ~,J,:i~ l>.. lJ;~ t.;.... ' ~ ',: I~, ,.,' f~ .-..1 ~::~ ':--:- ~ :";';'\!l. i.:r.l ... '.~ Ir -- -~ --",.. ,~ -----~-" .~..... Lake Je6sup ~;..,.;: t -~;.~; ! ':.::!t >~~t' O',i' ...,-, .: -'r " t . . ~ :: i .. . ~ . \ I ' , I ..\ i I I . . i . I ", ,.' ::j ~ ~~t~ : ....... ~ .~:i' ....:.:tj. -~- ;~i ~ :'-':~: i: ;:!i " \ '--../ -- o I 1::J I.Q).' 1"'" - I I\J.-~_ ~ PARCEL 14C '. -- -~~ REMAINING PROPEKfY ---~:= ... . ~ . .:~~ ~ -='.k P.D.D. " w ~._~,,: '~I~ ...1Dw....~ f"CIk -- ---- -"'''=T ,,",DUt=NT JOTNT VE}'''TURE CiS". ~ M /V7/ IV 1170''-- C{~ cx.n- IJ lr'1 _ ------..--.- . . June 25, 1990 (fJ\ ,,_r;::; TO: FROM: RE: City Manager ~ Land Development coordinatoW Settlement Agreement In reference to the City Attorney's cover letter, I do not recall my sending a memo on April 3, 1990. As a matter of fact, we did not have a formal agreement to review on that date. The following comments on the revised agreement are offered: Page 1 - Title and First Paragraph - The words "Development Order" have been omitted from the revised agreement. Page 2 - Fifth WHEREAS All after Central Core has been omitted. . Page 3 - Third WHEREAS The following figures are different: Total: Old - 367.2 acres New - 366.3 acres (my Memo of 6/11/90 stated 365.6 acres) Parcel 14C - Old 32.2 acres New - 32.3 acres Parcel 80 - Old 75.4 acres New - 77.0 acres Exactly what will be in Composite Exhibit "A" - no one has seen this? Page 4, Paragraph 2 The following changes have been noted: . Parcel Acreage Units 14-C 0Id-32.2 01d-129 1.0 New-31.2 New-125 1.1 15 ...-changes were made according to my Memo of 6/11/90 80 0Id-72.4 01d-1448 New-74.0 New-1480 Total 0Id-367.2 Old-2951 New-366.3 New-2889 Memo 6/11/90 365.6 2861 . June 25, 1990 Page 2 . Page 5, Paragraph 6 Once again the developer is seeking to utilize all of the uses listed under Section 20-232 of the City Code in the Land Use Designation "Commercial" within the PUD. In addition, all of the uses allowed under Section 20-352 of the City Code, with the exception of eight (8) uses, appears to have been added in this "Commercial" Land Use Designation. As my Memo of 5/21/90 states, the zoning category C-l, and now C-2, does not apply to commercial land use within a PUD. The Commission has the final word on what commercial use~ is allowed within the PUD. Page 5, Paragraph 7 Is Exhibit "B" the one used? f Page 5, Paragraph 8 the overall PUD plan with the new designations The 1~ acre site for the Fire Station should be on property that the State does not intend to use for a retention pond when S.R. 434 is widened. According to the City Planner, this is the use the State has planned. . Page 6, Paragraph 9 As stated in my Memo 0 f 5/21/ 90 , I do not remember impact fees being discussed at any time. Page 6, Paragraph 14 Please refer to 5/21/90 Memo - Chapter 9 of the City Code, in its entirety, must also be satisfied. Page 6, Paragraph 15 The following words were omitted from the revised agreement "provided, however, such special tax district shall be subject to the reasonable approval of the WSDJV, its successors and assigns." I do not know if this makes a difference or not, but I bring it to your attention. Page 7, Paragraph 16 The strip of land, per the February 2, 1990 meeting, was supposed to extend all the way to S.R. 426. This one stops at the City limits. . /fg . . June 11, 1990 TO: City Manager coordinator~ FROM: Land Development RE: Tuscawilla Settlement Agreement, Development Order and Amendment to Annexation Ordinance No. 64, etc. Because of the receipt of the legal boundaries for Parcel 15, the following changes will have to be made to the above referenced: . Page 3, Paragraph 3 - Parcel 15 now reads 201.3 acres vice 202.9 acres. Page 4, Section 2 PARCEL 15 ACREAGE 67.0 104.0 25.2 UNITS 416 504 TOTAL 365.6 2861 This plat depicting the legal boundaries should be mentioned in the legal document. /fg . . . . . -- . - May 21, 1990 TO FROM: RE: City Manager ~ Land Development coordinato.w Settlement Agreement, Development Order and Amendment to Annexation Ordinance No. 64, etc. I have the following comments to offer in reference to the above: Page 5, Paragraph 5 - This paragraph should be more specific and state that lowering the density is not automatic. The dictates of Section 20-358 of the Code must be satisfied for a land use change. Page 5, Paragraph 6 - One of the initial arguments against the shopping center in the core area was that the zoning category C-1 does not apply to commercial land use within a PUD and the Commission has the final word on what commercial use is allowed within the PUD. The statement concerning commercial use seems to allow any type commercial to be proper within this land use area. Page 5, Paragraph 7 - Because Parcel 15 will be divided into more than one use, the exact legal description for each use should be given to avoid any future disagreement. Page 6, Paragraph 9 - I do not recall any discussion of impact fee credits being given for Tuscora and Vistawilla Drives. The developer agreed to build these before the City thought of imposing impact fees. Page 6, Paragraph 13 - Delete all commencing with "the rema~n~ng approvals " Replace with "the remaining approvals necessary as provided by the aforedescribed Code, specifically, Chapter 9 in its entirety and Chapter 20, Article IV, Division 2, Part A". There is no mention of the strip of land along the southern edge of Parcel 14C extending to S.R. 426 which is to be deeded to the City. This should be included. Ifg . . . Mr. Richard Rozansky June 25, 1990 Page 2 searches were made so that the park sites could be included in the title policy to the City. The Endorsements to the Title Policy along with the appropriate title information was delivered to John R. Jenkins, Esquire, attorney for the City. Naturally, all the documentation used in conjunction with the sale of Seminole Utility includes the park sites as part of the legal description. This is contained in all the surveys, title policies and of course, the deeds of conveyance. For for your further information and review I am enclosing herein copies of the following documentation: 1. Copy of letter to Mr. Terry M. Zaudtke, P.E., dated March 30, 1990, delivering the sketches and legal description of Seminole Utility's park area. These, of course, are listed as items nos. 2, 3, 4, and 6 in the letter. 2. Copy of letter of transmittal to John R. Jenkins, dated March 30, 1990, delivering copies of the sketch of description for Seminole Utility's park sites. These are contained as items nos. 7, 8, 9 and 11 of the transmittal letter. 3. Copy of Endorsement No. 1 to the TransAmerica Title Insurance Policy adding the Park Sites to the Insured Property. 4. Copy of Warranty Deed of conveyance. 1, Parcel 2 and Parcel 3 on the Deed clearly delineated as park sites and recreation purposes. Please note that Parcel of conveyance are restricted for park a~d I trust the foregoing clarifies any questions you may have in this regardi however, should you require any additional information, I will be more than happy to supply it. CKB:ml Enclosures P.A. cc: City of Winter Springs Commission BROAD AND CASSEL 'r@ ROBERT T. ROSEN GARY BROOKMYER THOMAS K. TOPOR SANDRA P. STOCKWELL M SUSAN SACCO .JILL STEINBERG SCHWARTZ GARy S. DUNAY ANDREW COTZIN LAURIE L. RIEMER RONALD .J. KLEI N DAVID R. LENOX THOMAS F. DIORIO JAMES.J. WHEELER ARTHUR L. BERGER STEVEN ELLISON AMY S. SCHLOSSER IRA.J. COLEMAN JEFFREY F. GORDON MARVIN A. BANKIER DEBORAH H. JOHNSON KAYlA.J. BISHOP RONALD M. GACHE RICHARD N. MILIAN CHARLES G. BARGER, .JR. JOSE A. CASAL HILDA M. SILVER RUSSELL C. SILVERGLATE BERRY J. WALKER, .JR. HEATHER WITTERS THEDA.J. COLLINS BRENDA LEE LONDON MICHAEL R. KERCHER JAVIER RODRIGUEZ STUART MORRIS WILLIAM L. EPSTEIN ~COUNSEL SHEPARD BROAD ALVIN CASSEL LEWIS HORWITZ NORMAN BROAD. P. A. IP)I~~r IJ'-/;;J a, ( er~ JUN L~ 1~90 MAITLAND CENTER, FOURTH FLOOR 1051 WINDERLEY PLACE MAITLAND, FLORIDA 3lliYI (407) 660-8984 of WINI L.. ~i'l~INGS FAX NO. 660-0847 .. em MANAGER ATTORNEYS AT I.AW MURRAY D. SHEAR, P.A. MIKE SEGAL. P.A. JEFFREY A. DEUTCH. P.A. .ATRICIA LEBOW, P.A. . KEN BISHOP, P.A. VING SHIMOFF LEX C. KLIROS, P.A.. ROBERT D. GATTON, P.A. RICHARD 8. MACFARLAND, P.A. DAVID SHEAR, P.A. C. DAVID BROWN, L1, P.A. I. BURTON SPRAKER DAVID..J. BERGER, P.A. F. VERNON BENNETT MARWIN S. CASSEL. P.A. JAMES S. CASSEL. P.A. MAURl:-:EN HEALey KENNON, P.A. ,..'\L1ct: BLACKWELL WHITE, P.A. ALLAN B. SOLOMON. P. A. RICHARD E. RECKSON, P.A. ARviN.J. ..JAFFE, P.A. CUFFORD l. HERTZ P A M. STEPHEN TURNER' . RALPH C. DATILLlQ DOUGLAS L. MANNHE1MER MARTIN R. PRESS. P.A. IRA H. GORDON MON rE A. JACKEL IGAL KNOBLER. P.A. NORMAN S. WEIDER RICHARD B. DOBKIN. MICHAEL A. DRIBIN ANTHONY W. PALMA ANDREW D. RAFKIN CHARLES S. STRATTON .JOEL HIRSCHHORN RANDOLPH H FIELDS. P.A. PHILIP B. SCHWARTZ STEVEN E. EISENBERG .JONATHAN C. OSTER DAVID K. MILLER . NOT ADMITTED IN FLORIDA 175 N.W. FIRST AVENUE MIAMI. FLORIDA 33128 (305) 371-9100 FAX NO. 373-9443 7777 GLADES ROAD BOCA RATON, FLORIOA 33434 (407) 483-7000 FAX NO. 483-7321 990 HAMMONO DRIVE N. E. ATLANTA, GEORGIA 30328 t404J .393-2100 FAX NO. 392-1803 2150 PARKLAKE DRIVE, N. E. ATLANTA, GEORGIA 30345 (4041938-7200 FAX NO. 934-1803 400 AUSTRALIAN AVENUE, SOUTH WEST PALM BEACH, FLORIDA 33401 (407) 832-3300 FAX NO. 655-1109 820 EAST PARK AVENUE P. O. DRAWER 11300 TALLAHASSEE, FLORIDA 32302 (904) 681-6810 FAX NO. 681-9792 ONE FINANCIAL PLAZA FORT LAUDERDALE, FLORIDA 33394 (30S) 764-7060 FAX NO. 761-8135 PLEASE REPLY TO: MAITLAND June 25, 1990 Mr. Richard Rozansky City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 . Re: Seminole Utility Co.-Purchase from the City of Winter Springs Dear Mr. Rozansky: It has recently come to my attention that there has been some inquiry about the fact that as part of the acquisition of Seminole Utility, certain parks within Tuscawilla were conveyed to the City of Winter Springs as part of that transaction. Accordingly, I would like to familiarize you with certain aspects of that transaction. First, it became apparent that the parks were a necessary part of the sale and purchase of the Seminole Utility acquisition inasmuch as the parks are utilized for easements, drainage areas, and future well sites for the water and sewer system to function properly. Additionally, certain of the park sites were necessary for ingress and egress to the assets being conveyed by the Utility. Therefore, it was discussed with the City's representatives that the parks would be a necessary part of the acquisition. In accordance with requests from Mr. Terry M. Zaudtke, P.E., appropriate sketches and surveys of the park site were prepared and delivered to him. At the time that the surveys and the descriptions were obtained, the appropriate title . BRG.AD ~:KD GASSE. ATTORNEYS AT LAW ....u.....~~ ,... ,..I~r .r:G........ "'... .J[r~...t:y /4. Or:UTC.... '" A. ....,....c.... L[.O-, ...... ."(."".'....0.......,,, ...." SMI...O"" .I:J( C "-Lt'-O!' 0.["'1 D. GATTON. ....... ,,'C......"O. """...t,...."'L......O. ...... OA"'O ....1...... ..... C. DAVID . ""O""'N. n, p.. I. .\J~"O"" 5~"'''"'t... ..... OAVID,J at AGe tit. '" A ". "'c......ON .I:........c,.,. ......"Wl.., 50 c...S&r:..... ...... .J...~.H:5 5 CASSI:\.., "',. """...Uflt[;I:H ...t....l,.[.T "U.."""'O"". po.... A....IC[ 8........C""W[:L.L W""T I;. , ...... ...LL....... e. 50L.0"'0"'. p.... ,,'c......."o t. ..reM.so..... ....... CL,rrOAD I. ...t:"Tl. ..... M. 51'[:"''''[''' TU"..n:III "AL"'''' C. O""-'L,LIO DOUGL..S L ~...""N...I['I....[III .......,.,.., IIll ,.....1::&5. P." IRA 1Ill. GO'-CON ....O...,TC A. ""Cf'l.t.L ......","'.). JA""e., ..... IGA'" KNOllLI:A. ,... NO,,~.H 5. weiDe" RIC.....AO B. DoeKI"'" ~ICH"'[,t.. .. D"fIlIN ....."'T...ONY W "'..L...... ANOIltCW O. .....,.."-,N C..........LCS 50 5".....1'1'0... ~O[L t-l1"SCH"'OA"" !,;T[VI(N [:. ['SE"".~AC. DAVID K. ""IL.L.I:" lIItoef:""" T. ""05['" G....y ...OO"....",c-- ....0........,.......... C OSTI:" ,.....OM....5 ~ ,.O~" -NO" AD"'''''[O '''' f'LO-'O" .J G.I:GO.... HV""~".~S J,.......DIll. _. SToc;.a_EL.L Go"'''''' ... DUNAY LAU"'I[ L "'ICWC" -0......'-0 J ...,-[IN .... ..",S"''' .....ceo D"V'O .. ,-[."0_ THO...... ~. Of()"'tO J......[~ ..I. WH[:[l..l:" ,-,,"""HU" \.. e[..Gl.'" ~",,[vf:'" I:L\.'SOH .....,. .. I-CHl..O.[1It JILL ST(IHeC-G ..eM.".'" I." oJ COLI[ .....'" j[""""I:Y" GO.OOH "...."L.....J .1."'0" T...r:O. COLLINS "O"'''l..O ~, GACHl. ALA'Nt: 5 GIIU::[Necfta OC.O""'" .... JOH...S-ON 8IIIt,...... ...0.10...(:- GI:O"'Gl. 0 ......"1.......,'...... IIItIC...."D N. ..,...,.."" C......ALf.S C. .....GI:". ..I". ...0.( '" C.......l. ...."f... t. G.'LItE""" HILDA N. 5ILY(." "'UIoSeLl. C .'LV["GLATl. .I:"""..J. WALltCR. J" ....[....,...[" w''''''I['''. . "( NO.. Lt: I: LONDON ....HDIIlII[W COTll'" ....IC.....t.l." Il.I["C"'I[III .J..VI[ III _ODIIlIIGUCJ ROBCR.,.. ..... 5TI:''''''1:1IIII or COU"'Sl:l r.H[ "ARD ."OAO ALV'" C...SSl.l L(:WIS MO"'W'Tt NO"........ ..040. ........ HAND DELIVERY Zaudtke, P.E. anci Holmes .....,TLA..O CE:..TE:R. '-OURT... n.ooR 10!>' WI..OE: 'H_CY "L"'CE: .....,TL.....O. '-LOA'O'" 3275' 1407) eeo-Ilell. r"'J[ NO 880"0.." I"~ N.W. F"IRST AVENUE ....IAMI, ",-ORID'" 33128 (30!>) 371-9100 ",,'If NO 37:).CIl....3 990 ",AIJOU...ONO OR'VE. HE ATLANT.... c.CORc;.IA 30328 (.0") 393.2100 ,..... "'0 30,.t"03 "'00 ...USTRALIA... AVENUe... SOUTH WeST PAL.1'olI BE....CH. ,....ORIOA 330401 \.07) 832-3300 ~.... NO 8!ts>-noe ONI: rINANCIAL. PLA.ZA '-ORT L...UOE:RO"'LL. '-LOR'O'" 3339. (30!>) 76"'7060 rA. HO '7e"813!o 7777 GLAOE:S RO"'O IIOC'" R...TO.... '-LORIO'" 3~~ \407) .83-7000 ,...... NO ..3..,.,,1'1 ZI~O ",..."KLAKC DAIVE:.. N. 1:.. ...TL.AN,..... GeORG'''' 3034!> \40.) 938-7200 ~..._ HO. 03.'180) BZD I:.AST PARK ....VCNUI: P.o OR...WE:R 11300 ,....L.L.........SSCt.. "LORIO'" 32302 (PO.) e81-68'O ,.....x "'0. 88,.1I)7P2 7 PLEASE REP\.."t' TO' MAITLAND March 30, 1990 Mr. Terry M. Conklin, porter Engineers, Inc. 500 West Fulton street Sanfora, Florida 32772-1976 . Re: Seminole utility Company / City Of winter springs Dear Terry: Enclosed please find McIntosh Associates Inc. for the following your review: prepared by Donald W. 1- Sketch of ciescription for Seminole Utili tie's 15' Sanitary Sewer Easement ~9 (CS 90-253) 2. Sketch of ciescription for Seminole utilities Park Area Tuscawilla, Unit 8, Tracts A and B (CS 90-254) i 3. Sketch of ciescription for Seminole utilities park Area Tuscawilla, Unit 8, Tract C (CS 90-255) 4. Sketch of description for Seminole Utilities park Area Tuscawilla Unit 12, Tract C (CS 90-256) . B/CLO:8738002LT9 03/29/90 , Terry M. Zaudtke, P.E. Jnklin, Porter and Holmes .:March 30, 1990 Page 2 5. Sketch of description for Seminole Utilities Water Line Easement 427 (CS 90-257) i and 6. Sketch of description for Park Area (CS 90-262). Please do not hesitate to contact me if there are any questions regarding the above mentioned matters. Iclo Enclosures Very truly yours, Jill~berg Schwartz . . B/CLO: 8738002LT9 03/29/90 ..... \ \ \ ; \ , . . .., >( .EnpAD AND GASSE., ATTORNEYS AT LA'" ,.. ...\J.....A,Y 0 ....E..A.. ~.A.. _flit: !lEGAL. ~.A "''''''1:''' A. DeUTCH.. .. A TAlC'''' Ll:tII0W, P /Ii. Mr;.H ..s...O.... .. '" VINe .........0,.,. Aloe_ C KL''''OS. Aoec"T 0 GATTON, p.... -'c.........O. M...c......IIIIIL."HD. P... DAVID &...r;..... ...... C DAVIO ."OWN. n. p.", c "U"TON ~.IIIII.....[A....... O....VIO.), .["G[R.. ..... ,. V["""OH a[..."",[T'T """.....WIN S CASSEL.. "'.A. .J"~[S 5. CASSEL., P.. ......\1..[[N ...r.:,.,\,..[" 1([."''''10''', ... "" ....L'C[ BL.CKWI:LL wwtTC., P.... AL.L....,., e. 50,-01040"', ...... ...C........O [, .[CM.!IoO.... ....... CU""OAO I H["Tl. IJI'," M 5T[.....[;,.., TU,...,[A RALPH C. OATIL-l.IO OOUGL.....!> L .....,.,,""'...4(:...111:,. ~"'ATIN A ..Pt.!.!>, ...... fllll... " GO"OON foolONT[ /It. ......Ctll,CL ......VU.,.). J....,.,.r:.. P..... 'GAL ....08L.r: Ft, p..... NOR......, 50. WI:10CP RIC....."D e. 008"'''''- t.etCI-lACL. I/o. DAIIII"" ......THON., W. ..ALh4,t" A"'DIIU:W 0 ,....,..K'''' C.......LES .. 5T....TTON JO!:L H,"'SCHHOIlt... 5'T!:'V[:N [.. t:'5t:"".~"G o",v'O ~. ""'tLL~ lit ~O.C"T T. A05C'" G..lIItV "IIItOO~"'''E.lIt ..JO...,...TtotA'" C. OSTEIll THO""''''5 K. TO~O" -NOT A.D..IT'fCD IN rLO_tOA .J. Gtltr:GO." "'V"'~"''''(.. ......,0".. ~. S,TOC.-.W(.LL G""" s.. Du......., LAulIttl L 'Itlt: M[ lit RO.....l.D,J "LelN M, &u,....... ....ceo D..VID ... LCNa.. THO""''' r 010_'0 ","'1>4'1:5,J. WMItt:l.I:- ",~T"'UIlt L. .["GIt- 5Tf:V(.H t:LLISON A".n So 5C"'1.0$[" .JtLL ST['....t:.RG SC...w...",.1 'IIIIA oJ, COL(."'...., Jt:,.,....C'Y r, GOIIIIDON KAYL.A oJ. 81S-totO'- T...t:OA COLLINS __O...ALO '" GACM[ "'LAIN[" S G"Ct::N.,tAG Or..O...... K JO",""SOH 1I1It....'" '" JON[.5 GtO"'Got C .........,.J........."" .'Cw..."O tot. ...ILI"'" CW"~L[S. C. ....AGCR. ..1Ft ~Os.t.. C.....\.. .....11II["... l GILe!:"T HI\..O'" M. 51LVeA RUSSr.L\.. C, S.tlvtIlltGL""C Be "...., oJ ""'AL"C R, ..1Ft .....t.....THER WITT[IIIIS ""I:NO'" U:C l.ONDON ANDReW COTltN MICHAel R. K["IItC"'[,:ilI .....VIf:flI AOD.UGUCl "08eR,. A.. STE:"...CR 0" COU"'S[l 51-4[....."08..0AD ALVIN C.....l.L L[ WIS Ho"w'TZ NO.....AN ."'DAD. ~.A. FEDERAL EXPRESS . John R. Jenkins, Rose, Sundstrom 2548 Blairstone pines Tallahassee, Florida Esquire & Bentley Drive 32301 "'AITL~"'O CCNTCI:J:. rouR'TM rL.OOR IO~' WINDF:RLEY PL.ACE. ......I'L.ANO. "LORIO~ 3Z7~1 ("07) 660'SSOS. ,..... "'0 e60-oe." '7~ H.W. ,..IRST AVCNue M I"''''' I. ,..LORIO'" 331ze (305) 37"1>100 r-.....o ''1'-8....3 Ps>>O H.........ONO DRive. N.C ...T.....NT.... GEORGI'" 3032S ("0.) 31>3'2'00 rA. HO 3.'-1803 .sQC ....USTR...LI..N AVCNUE.. SOU"~ WEST P........ BL...e.... .-..ORIO'" 33.01 (.07) S32'3300 "Il,. NO fI~!I."oe ONe ,..'N..NCI..L. PL.-...Z.... r:-OR,. LAUDERDALE:. ,"L.ORIO'" 3339<C (30S) 76.'7060 ,..... HO 'Jel.e':)!. 7777 G.....OES RO"O eOC"'- RATON. ,.LORIOA 33A3. ("07) .S3.7000 ,...... ...0 "e:;)'73~1 ZI~O PAR"-LAKI: ORIVf:, N C. ...,.L...N,.... GEORGI.... 303.~ (.0.) 1>3S.7200 "AX NO. 113..-1803 a20 E...ST P...RK "VENUE P.O OR"'WER 11300 T...I............SSLL. .-..ORIO'" 3230. (SOO.) ee,.esIO rAIIl HO. ea,-g70t pl.eASE REPLv "0 ....,...ITL....",D March 30, 1990 Re Seminole utility Company / City Of winter Springs Dear John: following documents review: listed on Enclosed the Index please fino copies of Of Closing Documents the for your 1. Number 28. Automobile Title(s): a. 1988 Ford, IDf.-1FTEF14Y6JNA53493; b. 1988 Ford, IDf.-1FTEF14Y3JNA52270; c. 1989 Ford PU, ID#-lFTCR10A3KOB35664; a. 1988 Ford PU IDf.-LFTBR10C2JUD77227 e. 1987 GMC PU, ID#-lGTCR14A7HJ504858; f. 19'87 Foro PU, IDf.-1FTDF15Y5HNA02507 . B/CLO:8738002LT8 03/30/90 ')0 'Ill ; . John R. Jenkins, Esquire Rose, Sundstrom & Bentley March 30, 1990 Page 2 g. 1986 Chevy PU, I04-1GBGC24M6GS129l35; h. 1980 Ford PU, IO#-F60HVJg0368; 2. Number 34. customer Records. (All records will be available at the Utility office for review.); 3. Number 41. GrosS Receipts Tax Information. Report will be forthcoming.); (The 1989 Annual 4. Number 42. Original Public Service commission Certificate; 5. Number 51. Copies of Tax Bills (Seminole and Gulfstream); 6. Sketch of description for Seminole Utilities 15' Sanitary Sewer Easement i9 (CS 90-253); 7 . Sketch of description for Seminole Utilities Park Area . Tuscawilla, Unit 8, Tracts A and B (CS 90-254) ; 8. Sketch of description for Seminole utilities park Area Tuscawil1a, Unit 8 , Tract C (CS 90-255) ; 9 . Sketch of description for Seminole Utilities Park Area Tuscawilla Unit 12, Tract C (CS 90-256) ; 10. Sketch of description for Seminole utilities Water Line Easement ~27 (CS 90-257) ; and 11- Sketch of description for Park Area (CS 90-262) . Please note that all sketches prepared by our engineers have been hand delivered to Terry Zaudtke for his review. please do not hesitate to contact me if there are any questions regarding the above. Very truly yours, jclo Enclosures Jil~inberg schwartz . 03/30/90 BjCLO:8738002LT8 . . . Endorsement Attached To po\i~Or Commitment No. 89 - 5 964 Issued By Transamerica Title Insurance Company The provISions of said policy or commitment are hereby modified and amended as of the date hereof as to the following matters and none other: This Endorsement is issued to add three additional parcel~ and to amend said Commitment as follows: Item No.1 of Schedule A shall be amended to read: March 22, 1990 at 5:00 P.M. as to Exhibits D, E and F. Item No. 4 of Schedule A shall be amended to read "See Exhibits A, B, C, D, E, and F (the "OWNER")." Item No. 5 of Scheaule A shall be amended to acd th€ following parcels: As to Seminole utility Co. Park Site No. 1 See Exhibit "D-I" As to Gulfstream Housing Corp. Park Site No. 2 See Exhibit "E-l" As to Gulfstream Housing Corp. Park Site No. 3 See Exhibit "F-I" This endorsement is made a part of the policy or commitment and is subject to all the terms and prOVIsions thereof and of any prior endorsements thereto. Except to the extent expressly stated. it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements. if any. nor does it extend the effective date of the policy or commitment and prior endorsements or Increase the face amount thereof Dated: April 19, 1990 Transamerica Title Insurance Company 90-1622 CASSEL , f-61;iaka~~~51th Floor B, ~.~ JR. p~ p,,,;d,.' Form No T 11..12 Enoorsement Blank. Polley or Commitment . . . '\ CONTINUATION OF SCHEDULE B - SECTION I ENDORSEMENT TO COMMITMENT NO. 89-5964 Schedule B _ Section 1 shall be amended by adding the following under C. (For additional requirements): As to Seminole utility Co. Park Site No. 1 As to Gulfstream Housing corp. Park Site No. 2 As to Gulfstream Housing Corp. Park Site No. 3 See Exhibit "0" See Exhibit "E" See Exhibit "F" Schedule B _ Section II shall be amended by adding the following under No. 7 (For exceptions): As to Seminole utility Co. Park Site No. 1 As to Gulfstream Housing Corp. Park site No. 2 As to Gulfstram Housing Corp. Park Site No. 3 See Exhibit "D" See Exhibit "E" See Exhibit "F" . EXHIBIT wOw SEMINOLE UTILITY CO. PARK SITE NO. 1 Title to the estate or interest referrea to herein is at the Effective Date hereof vestea in: SEMINOLE UTILITY CO., a Florida corporation (as to Park Site No. l) Legal Description: See Exhibit "D-l" attached hereto and incorporated herein by reference. Schedule B - Section I, Requirements: 1. Payment or proof of payment of 1989 real property taxes. . 2 . Conservation Easement to be executed by Seminole Utility Co. and recorded in the Public Records of Seminole County, Florida. 3. Maintenance Easement to be executed by Seminole Utility Co. and recorded 1n the Public Records of Seminole County, Florida. Schedule B _ Section II, Exceptions: (as to Park site No.1) 1. Taxes for the year 1990 and subsequent years. NOTE: The following exceptions only affect the park site described on Exhibit "n-l" herein. 2. Developer's Agreement filed January 26, 1987 in Official Records Book 1812, Page 1543; Collateral Assignment of Rights under Developer's Agreement filed February 9, 1987 in Official Records Book 1817, Page 695, Public Records of Seminole County, Florida. . C/DET:8738002EN . EXHIBIT wDw SEMINOLE UTILITY CO. PARK SITE NO. 1 Continued 3. Conservation Easement to be executed by Seminole Utility Co. and recorded in the Public Records of Seminole County, Florida. 4. Maintenance Easement to be executed by Seminole utility Co. and recorded in the Public Records of Seminole County, Florida. . . C/DET:8738002EN E>:E:'E:: r>-::' LEGAL DESCRIPTION SEMINOLE UTILITY CO. - PARK SITE NO. 1 . . from the centerline of inter~ectlon of ~Inter SrrlnQ~ Ooulev~rd and Ilorthern k!)', H shown In Pht of Winter Sprlng\ Un; t four, as rrcorded in Plat Bool'. 1B, P~ges 6,7 and 8, Public Records of Semino1r County, norld~; run 1I,86.23'OS"[. along the centerline of ~'inter Springs l>oule- yard lnd along a prolongation of sild centerline 282.85 feet to the point of curvature of ~ curve concave Jlorthwestrrly wi th il r~di\Js of 1l~5.92 feet and a central angle of 58.54'39"; run thence Ilorthellslcrly along the HC of said curve 1178.22 feet to the point of tangency; run thence 11.27"28'2(,"[. 261.5r. feet t(l the point of curv~ ~vre of e curve concave Southea~terly, with a radiu~ of 1155.18 feet llnd il central angle of 62632'S8"; run thence JlortheastHly along the arc of said curve 1261.10 feet to the point of tangency; run thence 5.89058'36"[. 105.21 feet to the point of curvature of a curve concave Southerly with a radlu~ of 23S2.~4 feet and a central angle of 19051'53"; run thence [a~ter1y along the arc of said curve 815.60 feet to the point of reverse curvllture of a curve concave Hortherl)', wit:/\.. a radius of ~371.67 fret and a central angle of 5"04'0S"; run thence' t~tcrly along t!lr arc of said curve 563.60 feet to the point of tange'~cy; run thencr S.7S610"W"[. 730.00 feet; thence 5.14"49'12"\.1. 60.00 feet to the point of beginning on the proposed Southerly right-of-way line of the Easterly extension of Winter Springs Boulevard; run thence 5.75610'40"[. alonQ said proposed South rlght:of-way llnr, 120.94 feet; thence S.14049'i;>"\.:. :140.00 feet tC' the point of curvature of a curvr concavr [aslerl\'. "" tli ? n(1ill~ (If '()~O.()O feel and ~ central ilnole of 4002(l'~6'; run th~l1cr ~outhcrly ~)on9 the HC of said curV(' 732:3/, feet; rUII thence S.(,!'.~e'2C"t:, J1S.J9 fert; thence 5.37029'30"\.1.514.23 feet; thence 11.8rl1'~G"\.i. G2~.(1t; feet; thence 11.300S5'Sl"W. 434.41 feet; thence IL06~03'SO"[. :1/,3.19 feet; thence 11.57021'37"(.469.08 feet; thencr IL33023'26"[. 2.~1.SB feet; thence 11.14049'12"[. 600.00 feet; thence IL750)0'llP"\.:. 611B.Sl feet; thence S.H049'12"\i. 450.00 feet; thence S.260l9'n"\.i. 637.55 fect; thence s.no09'57"\i. 225.6) feet; thrnce rL3~,oll'57"\.i. 300.00 feet; thence 11.28036'59"[. 602.11 fect; thrnce 11.14049'1{'''[. G50.0C1 fcet to thl: point of beginning. Containing 38.5!;G9 ...cre~. n()rr or )n~, ;)11 of the abovr descrIbed parcel bring In the City of \.iinter Srrin9~, SemInole County, Florida. . . . . . . EXHIBIT wEw GULF STREAM HOUSING CORP. PARK SITE NO. 2 Title to the estate or interest referred to herein is at the Effective Date hereof vested in: GULFSTREAM HOUSING CORP., a Delaware corporation Legal Description: See Exhibit "E-l" attached hereto and incorporated herein by reference. Schedule B - Section I, Requirements: 1. Payment or proof of payment of 1989 real property taxes. Schedule B _ Section II, Exceptions: (as to Park site No.2) 1. Taxes for the year 1990 and subseguent years. NOTE: The following exceptions only affect the park site described on Exhibit "E-l" herein. 2. Terms, Provisions and Conditions as shown on recorDed plat of Tuscawilla Unit 8, in Plat Book 23, Pages 25 through 28, inclusive, of the Public Records of Seminole County, FloriDa. 3. Easement to FloriDa Power Corporation recorDeD February 13, 1953, in DeeD Book 193, Page 276, Public RecorDS of Seminole County, Florida. 4 . Easement to FloriDa Power Corporation 1987 in Official Records Book 1873, RecorDS of Seminole County, FloriDa. recorded August 3, Page 1750, Public 5. Effluent Disposal Easement Agreement to Seminole utility company recorded February 1, 1988 in Official Records Book 1927, Page 643, Public RecorDS of Seminole County, Florida. 6. Restrictions of record as recorDed in Official RecorDS Book 1246, Page 1451, Public Records of Seminole County, FloriDa. C/DET:8738002EN . . . EXHIBIT wEw GULFSTREAM HOUSING CORP. PARK SITE NO. 2 continued 7. The nature, extent or existence of riparian rights, if any, are nei ther guaranteed nor insured and the r ipar ian rights of others as the same may affect the subject property, are hereby excepted. C/DET:8738002EN . . . EXHIBIT -E-l- GULF STREAM HOUSING CORP. Pl\RK SITE NO. 2 legal description Tracts A, B, and C, TUSCAvHLLA UNIT 8, according to the plat thereof as recorded in Plat Book 23, Pages 25 through 28, inclusive, Public Records of Seminole County, Florida. C/DET:8i38002EN . . . EXHIBIT -P- . GULFSTREAM HOUSING CORP. PARK SITE NO. 3 Title to the estate or interest referred to herein is at the Effective Date hereof vested in: GULFSTREAM HOUSING CORP., a Delaware corporation Legal Description: See Exhibi t "F-l" attached hereto and incorporated herein by reference. Schedule B - Section I, Requirements: 1. Payment or proof of payment of 1989 real property taxes. 2. Satisfaction or release of that certain Mortgage executed by Winter Springs Development Corporation, n/k/a Gulfstream Housing Corp. in favor of Citicorp Real Estate, Inc. dated January 24, 1986 and filed January 28, 1986 in Official Records Book 1705, Page 1702, in the original principal amount of $95,000,000.00; Assignment of Rents and Leases filed January 28, 1986 in Official Records BOOK 1705, Page 1761 and Mortgage Spreading Agreement filed october 2, 1986 in Official Records Book 1776, Page 720,; and DCC Financing Statement filed in Official Records Book 1705, Page 1800, Public Records of Seminole County, Florida. . Schedule B - Section II, Exceptions: (as to Park Site No.3) 1. Taxes for the year 1990 and subsequent years. NOTE: The following exceptions only affect the park site described on Exhibit RF_lw herein. 2. Restrictions of Record as recorded in Official Records Book 1501, Page 1866, Public Records of Seminole County, Florida. . C/DET:8738002EN . <' EXHIBIT .p'. . GULFSTREAM HOUSING CORP. PARK SITE NO.3 continuea 3. Title to any lanas lying below the natural, orainary high water mark of Bear Creek is not insurea, if navigable. 4. Any aaverse claim to any portion of saia lana which has been createa by artificial means, in what was at that time navigable waters, or has accretea to any such portion so createa ana riparian rights, if any. 5. Rights of owners of lana abutting upon the waters of Bear Creek to the extent it is non-navigable. 6. Matters on the Plat of Tuscawilla Unit 12 of record in Plat Book 28, Pages 98 through 102, inclusive, Public Records of Seminole County, Florida. 7 . Reservations unto the State of Floriaa in that certain Deea from Internal Improvement Funa aatec October 13, 1944 ana filea November 10, 1944 in Deea Book 117, Page 115. Right of Entry ana Exploration releasea in that certain Quit-Claim Deea filed September 21, 1984 in Official Recoras Book 1580, Page 1449. Road Reservation releasee in that certain Quit- Claim Deed fileD October 22, 1984 in Official RecorDS Book 1588, Page 944, Public Records of Seminole County, FloriDa. . FOR INFORMATION PURPOSES ONLY: 8. AffiDavit regarding Plat fileD November 6, 1984 1n RecorDS Book 1592, Page 575, Public RecorDS of County, Florida. Official Seminole . C/DET:8738002EN . . . EXHIBIT wF-l- GULFSTREAM HOUSING CORP. PARK SITE NO.3 legal description TRACT C, TUSCAWILLA UNIT 12, acco rd ing to the P la t the reof as recorded in Plat BOOK 28, Pages 98 through 102, Public Records of Seminole County, Florida. C/DET:8738002EN I ilq n" I WARRANTY DEED . GRANTEE'S FEDERAL I.D. NO. 59-1026363 D('t,,,... ..~:. . loDer" Ie , ..J; ._. V(l~;-.... '~~V~ TAX PARCEL 1.0. NO. 31-20-31-5BB-OOOO-009A-0-7, 9_21_31_300_0100-0000-0-e,1-21-30-5BH-0000-0630-0-2 THIS INDENTURE, made and executed the ,l::J~~day 0[(\, lv-.' \' , 1990, by SEMINOLE UTILITY CO., a Florida corporation, he'~inafter referred to as "Grantor," to the CITY OF WINTER SPRINGS FLORIDA, a municipality organized under the laws of the State of Florida, whose post office address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter called the "Grantee": WIT N E SSE T H: THAT the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and conflrms unto the Grantee, ,all that certain land situate in Seminole County, Florida, to- -::j- ~-:w it: Lr:. o c..u , ~C:'- ==~S ==........;12 0'-- , -~-.. )- '-''':::- , . , .... -.J _... , , SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. .~ .--.J ~ :::.~ ?-=- . '-' t.: .~ .- L: -0 U l" co f_ -..."""") ~(::. ~. TOGETHER with all the tenements, hereditaments and v'appurtenances thereto belonging or in anywise appertaining. -~ ~ l.,>~ --.:::':~ ~,,' TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said lanoi that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except: .5 ....l.J J.) J (1) Taxes accruing subsequent to December 31, 1989. '-'..' :::0 t...:::l r-., = n 0 -' :::0 -< 0 r-., I 0 - po -:J < ~ ~ ~ ~ ""T1 N ,...., c-;, '-' (2) Easements and Restrictions of Record, but reference hereto shall not serve to reimpose same. K- 1< ,-< I .::::x THIS CO~vEYANCE IS NOT SUBJECT TO DOC~!ENTARl ST~~ TAX PER DEPART}ffiNT OT REVEKUE RULE 12B-4.014(lS), LA.C. (CO!\'l\TE1ANCE TO A l'1UKICIPALITl miTIER THREAT OF COh"DEl'1:!'\ATIOn. Thi~ t.,strumc!:~ \,\l8" ;:: "f'c;:rp~ S\': i -V J; :.... _ ~::...: I" .... :.:. ' . " : , - ~ ~ -.=... ':-, 'TT \ . ,----~-- ...~ ..,.---' , .. - . - , . -. ......-,..... . ..... ..... .~"-'_... ~J .-j 1 r'i,.,j~::l:~G ClnlC' . F(J~c;;1 "Ioo~ 1 O~I: V\'IIIOCrl(,:~. rlilC~ /B/VLH 8 7 3 8 0 0 2 \'w 1 04/02/90.2. t-lli.Hti2nc. ~.10no(.. 327S1 . . IJ '.":,. .,' .....:. '- " . .r .. , -. _.~ -' c..;> o OJ . . IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: ("1"~ 1 ~p 1. · . ~ ( ). J./X l..-{/ . (AIt O/U .I'lA-- C~(C~ (Corporate L' . : I..f"i -J -:::.- '- , " ~/, " 11'lf' ",,'III" 1"""lt'" c) -.:.") 1.J co "- ~ STATE OF FLORIDA ,;':") ~ COUNTY OF C) )\ (,L~ "- VI U I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared PHILIP A. BIRDSONG as President of SEMINOLE UTILITY CO., a Florida corporation, to me known to be the person described in and who after being duly sworn, executed the foregoing instrument for the purposes mentioned therein. 5S: ",-, WITNESS my hand last aforesaid this and official(3eal in Qhe county and state j cd. ..:J 1- I 9 0 , I...) '-u a Y 0 f '-.. ::} .~ '- .. , 1 9 . ~.(j;:) ~Y PUBLIC My commission expires: ". --- , ""..., - \ :.. : I '. i:~..:..t.: " ;.~::;:~ S~.:l~: c: Lt;:;~: . , , . . . " .. ,r' "'"'''' . -- . \ '""\ S n c' .... r:) '. It.; :.~:::~,::~~::::: L::;J';C ~(:,.~. 1:, 1993 L;:..not:l' lr.ru 110)' rain. ln~ut~nctt Inc.. ) "';I ,e - .' 'w .., ") " ( .' , '0' ." f- .' .' . . . , , , ~ ' ' ' 2 /B/VLH 8738002WDl 04/02/90.1 ~Ll'l.A.I"V.wL;;,i v;&: ....1..1......... ---. SEWAGE TREATMENT PLANT SITE AND EASEMENT .. legal description , From thc cenlerline of inler,;cclion of Winler Springs noulcvard and Nonhem Way a~ shown in Ihe Pial of WIJ'.<'TER SPRINGS Uf'lT FOUR. :.IS recorded III Pial nook 1 S. Pagel- 6. 7 and S. Public Record~ of Seminole Counl)'. Florida; run t\ 860::3'OS" E. along Ihe cenlerline of WilHer Sprinp 13oulc"ard and along ;1 prolongalion of ~aid cenlerline '2~'2.8) feel 10 Ihe point of curvalure of a curve concave Nonhweslerly wilh a rJdiu:- of II~S.9:: feel and a ceJ1lral an~1c of SRo)4'39"; runlhellce Nonhcasterly along the ;Irc of said eur"e 117h.~2 fCCllO lhc poml of Iangcncy: run Ihence t\ ::r::R':!6" E 261.56 fccl 10 lhc poinl of CUlyalUrC of II cur\'c concave Southeaslerly. wilh;1 radius of 1155.1S feCI and;1 ccnlrJI angle of 6203'2'5f:"; run Ihenee Northeaslerly :Jlong Ihc arc of said cur"e 1 '261.10 feel 10 Ihe poinl of tangency; runlhcncc S 890SS'36" E 1475.'21 feet 10 thc point of curvature of a curve concave Soulherly with a radius of 2352A4 feel and a eenlr:.!1 ;mgle of 19051'53"; run lhence Easterly ;110ng Ihe arc of said cur"e ~ 15.60 feel 10 Ihe !loinl of re"erse curvature of a cllrve concave Nonherly. with a rJdius of 6371.67 feel and :J ceJ1lrJI andc of 05004 'OS": run Ihcnce Easlerly :Jlong thc :Jrc of said curve 563,60 fc~1 lO Ihc poinl of lan~enc)'; run Ihenee S 75010'4S" E 1518.51 feCI; thence S 14049'1'2" \V 295.00 feel 10 Ihe Poilll of 13e!:innin~;'run Ihenee funhcr S 14049'12" W 600.00 feel; Ihence S 33023'26" W 241.S8 feet; lhence S 57021'37" W 469.08 feel; Ihence S R6003'SO" W 343.19 feel; Ihence N 1 '20S6'23" W 100.00 feCI; lhence N 72009'57" E '2'2S.61' feel; lhence t\ '26019':!S" E 637.55 feel; lhence N )~0~9'1:::" E 450.00 feeL lhence S 7:)0) O'4S" E ':'~S.SJ fecI 10 Ihe Point of lkl;inllill:;. . l; J - L") l..f'? " -::, -,j .....(~ -.. u.. c: ,- ,.. (..;i " I..,J -; 'C.'J ~ c::::l i ~: "- w VI ("'00.' TOGETHER WITH EASEMEI\T DESCRJI3ED AS FOLLOWS: A slrip of land 20 feel wide. the centerline of which is dcscribcd :.lS follows: . From Ihc Nonheasl comer of WIKTER SPRINGS UNIT THREE. ;is recorded ill Pbl Book 17. P:J!:cs S9 :md 90. Public Records of Semmol:: Counl)', FloridJ; run thencc ;lon!.: the Nonh line of SJid W1t\TER SPRINGS UNJT THREE thc followin~ COUises: Run S S7051'00" \10,:. :.J distallce of ~4S.73 feel 10 Ihc POillt of Cur\'alure of:1 cur\'c COIlC:\\'C J\onherl\' with :J iJdiu~ of :::0.::'S9.Ti feCI and a ccnt;,;)! aIde of 0] OS?') 1 ": rUll thcn~e \Vesled\' alon!.: lhe Jrc of said curvc a diSlance ~of 671.95 feCl to ,h(.; pain; of ;:.lll!:CI;C\': rU~1 Ihencc S 89"':'':'5]''' W 236.74 feel 10 lhc Point of Cur\':IlUiC 0(;: cu~'e COlle:J\'e Nonheri\' wilh ;) radius of 1610 fect a;)(j :J CenliJ] ~m~Jc of 4so.:.::".:.3"; 'run thence W;sleri\' Jlon~ lhe arc of s:Jid curve ] :.6S.S0 f~el 10 the Poinl of Be!.:inllin!:: thellce .Je;)\'in-~ the :JforeSJld NOl1h line of WINTER SPRINGS UNIT TT.IREE. run 1\ 47055'20" E 339.1 b fect; lhcnee K 490S J'1 ]" E ':'59.62 fcel: lhence N ':'':'':7':3'' E 399.9] feet: thence N ~5057'30" E 397.29 fcel: lhence t\ 50011'31" E 40::'.::'': fecl: thenec 1\ 3900]'':'':''' E ':'0::',':'7 fect; U1encc !' 32050'~5" E 300.S9 lce;: thcnee 1\ 75"'3':"::::" E 397":'::: fecl: lhcnce S 6600S'00" E ~9S.':9 fee:: Ihcnee ~ 760";:;'JO" E .:.01.0::: feet; lhencc 1\ /)058'10" E 3SS.1'2 feel: thellce i\ 18"::'S'0':" E ~0~J.':'5 fee:: lhcnce '" ,,:C] 0':::9" E 39S.S:. fee:: thence !\ ,7003':'7" !::. 290.9~ feCi 10 th:: Point of Tcrmin:lliol1 ~1l1c1 :ll~ cnc to this d::seriplion. P.s modified by Partial ~elease recorded in O. R. Book 2072, Page 109, Public Records 0: _' ..' . 1.,' Seminole Countv, :lorlda, ano DY that eertaln -- Utilitv Easeme~t as sho~n on Plat of Bentley Green. Unit O~e, recorded in Plat Book 41, Pages 42 to <45, public Records of Seminole County, Florida. "El" EXHIBIT Page l of LP~~ers) , . w-. .... L' U-_ ....:; _..J .- c.. ...... > C' 0 .. t..:. .. l.' . _J ~; c= '.::;5 J~ r-- u! = <.f) 1:.:J c---..' . r~""""''''''-''- --- legal description East 510 feet of West 1/2 of Northwest 1/4. Section 9. Township 21 South. Range 31 East, Seminole Count)'. Florida, South of A.C.L. R.R. Right-of- \Vay. Less South 830 feet, AND \Vest 838.5 feet of \Vest 1/2 of Nonhwest 1/4. Section 9. Township 21 South. Rance 31 East, Seminole Count\". Florida. South of A.C.L. R.R. Right-of- \V'ay. Less SOUll) 830 feeL . (The said land is also described as that part of the v..'est 1/2 of Ule Nonhwest 1/4 of Section 9, Township 21 South. Range 31 East. lying Sou th of the Atlantic Coast Line Railroad Ri n h\ -of - W a\'. les s the South S 30 ::> - feet thereof.) 03/12/90 B/CLO:873B002EX5 1'f1,1 EXHIBIT ~ .. Page of ~Poge(s) . . <..;- '-' L'"":; _J ,- ",- ~,. - -' c::c ~ " {_'I ,0 t...; '. -...l .:....;, 0 ,- c:::o - ~,:-= r- ...- C> UJ C> \.f) c::l C'-.' . SEMINOLE UTILITY CO~~ANY WATER PLANT SITE legal description from the Southeast comer of GARDENA FARMS, ;JS recorded in Pl;Jt Book 6, Pages 23 and 24. Public Rccords of Seminole County. florid;J, run N 05009'50" E alonQ the E;Jst Iinc rf said GARDEt\A FARMS. 7050.0() feet to thc South lin~c of Florida Power ~l11d Li~ht E;Jsement as recorded in Official Records Book 1 ~3. P~IQe 130. Seminole County Public Records: thcncc rUIl N S50JO'J:" \\' aim;" the South line of ;,aid CJscment 1253.f:S fccl 10 the Point of Be;innin;..:~hcnce continue N SY'l 0')2" \V Jlon; UK South line of said r-loricJ:t Power and Li~hl Eascment SS2.99 fcct to intersect with the Northeastcrly Iinc of florida Power Corpo;';Jtion Easement as recorded in Deed Book 193. I'a~e '276, Public Records of Seminole County. Florida: thence run S 5~O()5'37" E alon; the Nonhcasterh' line of s:licl Floricl:, Power Easement 600 feet to :\ point on :J CUf'\'C conC:l\'e Soulhc:lstcrly \\'iU1 a t;.ll1scnt bearin~ of N 25022'55" E. :1 j'aciius of ~90.00 fee: :111l] ~l centra] aj1~lc of Sso5";'O?": run lhc:n:c r\orihcrly alon; lhc arc oj s:lid cur\'e.~ distance of 503.7:1 feel to the- Pam: of Degil1l1ill;. B/CLO:6738002EXS 03/:'2/90 .-..." "8 T.... ti~l~"it I 3 lIAII , Il.... " O~ ~~2ClC; S ,. ..~ ..,. . . .- :"",,:,_, c.' t!'"'.' , " < -l c.... -'- '- - lr; .~ :J ~=., C. .... U .. W - , -l ~: L' = c::) -- ~ '~5 f_ w ~ 'h ,.~ ~ . EXHIBIT -A- PARCEL 1 Tracts A Band C, TUSCAWILLA UNIT 8, according to the2~lat thereof ~s recorded in plat Book 23, pages 25 thrO~gh , inclusive, Public Records of Seminole County, Florlda. PARCEL 2 Tract C, TUSCAWILLA UNIT 12, according to the as recorded in Plat Book 28, Pages 98 through inclusive, Public Records of Seminole County, plat thereof 102, Florida. PARCEL 3 From the centerline of intersection of ~inter ~prings Boulevard ~nd Northern ~ay, liS shown in Plat of Winter Sprin9s Unit Four, as recorded in Plat Bool:. 18, PlIges 6, 7 and 8, Public Records of Seminole County, Florida; run ".86023'05"[. along the centerline of Winter Spring~ Boule- vard and along a prolongation of said centerline 282.nS feet to the point of curvature of a curve concave Ilorthwcsterly wi th a radius of 1145.92 feet and a central angle of 58054'39"; run thence Northeasterly along the lire of said curve 1178.22 feet to the point of tangency; run thence 1I.2702B'26"[. 261.56 feet to the point of curvature of a curve concave Southeasterly, with a radius of 1155.18 feet and a central angle of 62032'58"; run thence Ilortheasterly along the arc of said curve 1261.10 feet to the point of tangency; run thence 5.89058'36"[. 1475.21 feet to the point of curvature of a curve concave ~outherly with a racius of 2352.44 feet and a central angle of 19051'53"; run thence Easterly along the arc of said curve 815.60 feet to the point of reverse curv~ture of a curve concave Northerly, witil.. a radius of '='371.6i feet and a central angle of 5004'05"; run thence' ~terly along t~e arc of said curve 563.60 feet to the point of tange~y; run thence 5.75010'48"[. 730.00 feet; thence 5.14049'12"h'. 60.00 feet to the point of beginning on the proposed 50utherly right-of-way line of the Easterly extension of Winter Springs coulevard; r-un thence 5.75010'48''(. alonq sa'id proposed South right-of-w~y line. 1247.94 feet; thence S.14049'),"~. 3~0.OO fee~ to the point of curvature of a curve concave Easterly. with a radius of 1040.00 feet and a central angle of 40020'46"; run thence Southerly along the ~rc of said curve 732.34 feet; run thence S.64028'26"~. 315.39 feet; thence S.27D29'3S"l,'. 514.23 feet; thence li.87011 '46"'.1. 629.84 feet;. thence N.30055'51"~. O~.41 feet; thence 1i.66003'50"[. 343.19 feet', thence 1i.57021 '37"[, 469.08 feet; thence 1i.33023'26"[, 241.58 feet; -thence 1i.14049'12"[, 600.00 feet; thence "L75010'48"~. 448.51 feet~ thence S.14049'12"h'. 450.00 feet; thence S.26019'2S"h'. 637.55 feet~ thence S.72009'57"\.I. 225.61 feet; thence 1i.34011 '57",,:. 300.00 fect~ thence 11.28036'59"[. 602.11 feet; thence IL14049'12"[. 650.00 feet to the point of beginning. Containing 38.5469 acres more o~ less, all of the above described parcel being in the City of ~inter Springs I Seminole County, Florida. . . Said lands described hereon as Parcels 1, 2 and 3 are hereby restricted bv Grantor for use solely for park and recreation purposes. EXHIBIT "A'l Lf C'~ 4 .. ' , L':,~~'" : ?v(1(