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HomeMy WebLinkAbout1991 03 11 Regular . February 28, 1991 TO: City Manager Land Development coordinato~ FROM: RE: Commission Meeting of March 11, 1991 - Request of the Mitchell Company for a 12-month Extension to the Approved Plan for Parcel 51 (Tuscawilla PUD) . The Mitchell Company has requested a 12-month extension to the Final Engineering approved by the City Commission on March 26, 1990 (see attached Minutes and associated correspondence). This request may be granted by the Commission pursuant to Section 20-361(a) (5) of the Code. The property in question contains 16.3~ acres and development is governed by Section 20-361 (a)(2). Section 20-361 is attached. To date the water and sewer lines were brought to the perimeter of the property and a tree survey has been accomplished. jfg attach. cc: Mayor Commission City Attorney City Clerk . ./ . .,..../ -' ...iJlar Meeting, City COlluu!:;;:;;10n, March 26, 1990 ~rcel 51 - Approval of Final Engineering: Don LeBlanc, Land Development Coordinator, said Parcel 51 is along Winter Springs Boulevard, west of the golf course, and the Land Use designation is condominium. Discussion. Glenn Childs, Wildcat Court, said he was not aware that this had been approved. Attorney Kruppenbacher assured him that there is no other project that is in any stage of development. Mrs. Raye Lawrence, Troon Trace, asked the size of the condominiums and if they were to be bought or rented. Attorney Kruppenbacher said they meet the standards of the City Code for condominiums. They were cold they could lease them, but not for less than 6 months. Page J H9-90-12 Motion was made by Commissioner Kulbes that we approve the final engineering for Parcel 51 subj cct to the comments made by all the. Staff members, and assured that they will be complied with prior to any certificate of occupancy being issued. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Partyka, no: Commissioner Kaehler, aye; COIDnlissioner Hoffmann, aye; C9mn1issioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Crove Counselin Center re uest for Tern orar Installation of a Modular Buildin : Don LeBlanc, Land Development Coordinator, 8aid it was agreed that the 10,000 gallon water supply would be a condition for any approval. Connie Kinsel, Administrative Services Director for the Crove, represented Larry Visser, Executive Director. She said they are now proposing to put a mobile unit there. She said the plans for the 12 bed dorlnitory will be ready for submittal to the City within 4IJe next few months. Motion was made by Commissioner Jacobs to approve the request provided they follow the Fire Marshall's recommendation of a drafting tank. Co~nissioner Partyka seconded the motion. Discussion. Vote on the motion: Co~nissioner Partyka, aye; COlnmissioner Kaehler, aye: Cownissioner Hoffmann, aye; Conmlissioner Kulbes, aye: Commissioner Jacobs, aye: motion carried. City Manager Richard Rozansky: fiscal year 19B9-90 Auditor Agreement: Manager Director, met with the Auditors on March 21st. cap of $26,000. He reconmended we accept it. Rozansky said he and Harry Martin, Finance They proposed doing the audit with a Motion was made by Commissioner Jacobs to approve the agreement with Coopers and Lybrand. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Recreational Facility-Interview Results: Manager Roznnsky reported that Glatting Lopez Kercher and Anglin came out ahead. He said that with the concurrence of the Commission, he will meet with them in the next two weeks, negotiate an agreement .and 'sCIJ.pe of work, and bring back for Commission approval. . Senior Center Progress Report: Hunager Rozansky said he met with the architect, Mr. Steve Krone and displayed a ~ 4ItraWing of the proposed building, location as well as an elevation rendering. Manager 0' @ . 81M F'LOOR . ALTUa BANK TOWER . P. O. Box 18030e . MoIIILIE, Au.aANA 3ee 1 e-1 30e .20!5/.7e-12oo . FAX 20Sl.7Q-12W . REAL. TORS . HOME BUIl.DERS . COMMERCIAL. AND APARTMENT DEVI!:L.OPI:RS . PROPERTY MANAGEMENT February 13, 1991 e. e..', c..~~ \\I\O-v-....j-e.fL Mr. Don LeBlanc Land Development Coordinator City of Winter Springs 1126 E. State Road 434 winter Springs, Florida 32708 RE: TUSCAWILLA PARCEL 51 DEVELOPMENT APPROVALS Dear Don: . In reviewing my file on the above captioned parcel, it came to my attention that the approval of the final development plan which took place on March 26, 1990 is almost twelve months old. The Winter Springs I Ci ty Code (see attached extract) provides for a "Sunsetting" of a development plan after twelve months. We have been working diligently in obtaining financing for our development. However, due to the unsettled nature of the , financial markets, which was caused by the combination of the Savings & Loan Industry collapse and the invasion of Kuwait by Iraq we have, as yet, been unable to consumate our financing for this development. However, we have obtained a preliminary commitment for financing from the Krupp C~mpany of Boston. I have attached a letter from the Krupp Comany evidencing their commitment. I would like to request that the City Commission grant a one year extension of the final development plan approval so that we can consumate this financin~, bid the project and complete 80% of the improvements as required in the Winter Springs Code. I would appreciate it if you would notify me of the date of the public hearing so that I may attend. rely: . CS : es ~lt@~UWlt~ FEB 1 9 1991 Attachment CITY. OF. WINTER SPRINGSl L:and Development Coorcllnafull cc: Charlie True - McIntosh & Associates . . . ~~ruJ[P[p Mortgage Company 210 Interstate North Parkway. SUite 250. Atlanta, Georgia 30339 Telephone (404) 952-5088 Fax (404) 955-9559 Cc..~ CJ, \\\s..~0-~'L , February 19, 1991 Mr. Don LeBlanc Land Development Coordinator City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 RE: Tuscawilla Parcel 51 Development Approvals Winter Springs, Florida Dear Mr. LeBlanc: At the request of Mr. Chuck Stefan of The Mitchell Company, I am writing to confirm that Krupp Mortgage Company has been working with The Mitchell Company to provide the construction and permanent financing for their 196 unit apartment development. We expect to finalize the financing within the next 90 days. Krupp Mortgage has completed the due diligence for funding the project, including review of the site, plans and specifications, market study, and appraisal. The Krupp loan committee has given preliminary approval and has the funds available for the loan. However, conditions beyond our control at the moment will delay actual funding of the loan for 60 to 90 days. Krupp Mortgage is very anxious to proceed with this project since we believe it will be a very successful deveiopment targeted to affluent renters. If you need additional information, please do not hesitate to call me. 0dt-- '~@~~Wf~ SEB 21'1991 pn:r. DE W1NTER SP-R'tiGS J.:and Development Coordloafct1 Linda Glenn Vice President LGW/mlm . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 22, 1991 Ms. .Linda Glenn Wilburn, Vice President KRUPP Mortgage Company 210 Interstate North Parkway Suite 250 Atlanta, Georgia 30339 Re: KRUPP Letter dated February 19, 1991 Tuscawilla Parcel 51 Developmen~ Approvals Winter Springs, Florida Dear Ms. Wilburn: Thank you for the above referenced which was received February 21, 1991. It was noted that you referred to Parcel 51 as a 196-unit apartment development. This is not correct. . Parcel 51 was approved as condominiums (please see attached City Commission Meeting Minutes of March 26, 1990). This word usage may only be a matter of semantics, but the position of the City is that you be informed that there is a distinct difference between apartment and condominium. The Mitchell Company has requested a twelve (12) month extension to their approved project. This will be considered by the Commission on either March II, 1991 or March 25, 1991. Therefore, it is requested that you furnish the City another letter verifying that you are proceeding with the financing for a 196-unit condominium development rather than an apartment development. Please contact this office if further information is required. Sincerely, ~'\?_. c:~~~ Donald R. LeBlanc Land Development Coordinator Jfg attach. cc: City Manager Mr. Chuck Stefan, The Mitchell Company -- . Certified Mail UP 292354370 " . ~[R3M~~ Mortgage Company 210 Interstate North Parkway, Suite 250. Atlanta, Georgia 30339 Telephone (404) 952-5088 Fax (404) 955-9559 c..e..". C\~"-1 VV\G-\A'O-~ eR- February 26, 1991 Mr. Don LeBlanc Land Development Coordinator City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 RE: Tuscawilla Parcel 51 Development Approvals Winter Springs, Florida Dear Mr. LeBlanc: . In response to your February 22, 1991 letter, let me clarify that we are aware of the condominium zoning for the captioned site. This zoning is acceptable for our financing of the project. Please call me if you have any questions. IU~ LGW/mlm ~~@EllWtrij REB 28 1991 cc: Chuck Stefan ClrG OE WINTER SPRINGS E:anCl Development Coordinator . . ~ 20-361 SeC. 20-361. Time restrictions on approval. (a) After the applicant has submitted a final development plan for all or a part of the planned unit development within twelve (12) months of the date of the city commission approval of any final developneent plan, the applicant, owner or developer shall commence substantial development according to the final development plan. For the purpose of this section, "substantial development" shall be defined as follows: WINTEH SPnINGS CODE . (1) Where ten (10) acres or less is included within the final development plan, one hun- dred (100) percent of all roads, utilities and drainage facilities plus more than forty (40) percent of all buildings must be completed. (2) Where the final development includes more than ten (10) acres but less than twenty- five (25) acres, eighty (80) percent of all roads, utilities and drainage facilities, plus thirty (30) percent of all buildings must be completed. (3) Where the final development plan includes more than twenty.five (25) acres, but less than fifty (50) acres, sixty (60) percent of all roads, utilities and drainage facilities plus at least twenty (20) percent of all build- ings must be completed. (4) Where the final development plan includes more than fifty (50) acres, forty (40) percent of all roads, utilities and drainage facilities plus at least ten (10) percent of all build- ings must be completed. (5) The final development plan approval shall be declared null and void if substantial de- velopment, as specified above, has not begun within tv.elve (12) months from the date of city commission approval of the final develop- ment plan. A time extension of up to twelve (12) months may be granted, upon a show- ing of good cause, if requested by the appli- cant and approved by the city commission. The determination of good cause shall be in the sole and absolute discretion of the city commission. If after an extension of twelve (12) months hereunder, substantial development has not been started, both the final and preliminary development plan shall . be automatically declared null and void. Provided, however, this shall not effect the zoning classification of plats recorded here- under. A final development plan which has been declared null and void by the city commission shall not fulfill the submittal requirements delineated in item (1) of this section. (6) Any zoning classification which has been ~ezoned pursuant to a preliminary or final development plan under this division, which plan subsequently is declared null and void shall not be effected because the underly- ing plan is declared null and void. The zon- ing classification of property rezoned pur- suant to a final and/or preliminary develop. ment plan shall retain the pun zoning classification despite the fact that the orig- inal preliminary and/or final development plan may be declared null and void. (b) These time restrictions have been established to promote the orderly and progressive develop- ment of pun districts and to protect the public interest. In accordance with this purpose and in- tent, the planning and zoning board may recom- mend, and the city commission may approve vari- ances from the definition of substantial develop- ment provided that such variance and reasons for such l'equested action are presented, approved and recorded at a public hearing before the city commission. (Ord. No. 367, ~ 1, Art. XIV, Part A, * 44.85.11, 5-11-87) '------ Sec. 20-362. Appeal. (a) A decision by the planning and zoni ng board may be appealed to the city commission. The city commission shall not, however, modify or reverse a decision of the planning and zoning board with- out first 'holding a public hearing on the appeal. (b) A decision of the city commission may be appealed to the appropriate circuit court of the state. (Ord. No. 367, ~ 1, Art. XIV, Part A, ~ 44.85.12, 5-11-87) Sees. 20-363-20-375. Reserved. -~ 1232 . . . .. March 4. 1991 City Manager ~ Land Development Coordinato~ TO: FROM: RE: 1) Acceptance of Private Streets in Wildwood 2) Florida Power Corporation Distribution Easement The above referenced have been reviewed by the City Attorney and are now ready for action. the Commission was in Commission Minutes of correspondence. This may require Commission action although agreement to accept Item No.1) as per the June 25. 1990 indicate. Please see attached NOTE: I have retained the original documents. jfg ~ )It . LAW OFFICES HONIGMAN MILLER SCHWARTZ AND COHN 390 NORTH ORANGE AVENUE SUITE 1300 ORLANDO, FLORIDA 32801-2448 FRANK KRUPPENBACHER . . TELEPHONE \407) 648-0300 TELl:COPIER 14011 648-115" wEST PAL.M BEACH. rL.ORIOA. TAMPA, FL.ORIDA DETROIT, MICHIGAN L-ANSING, MICHIGAN HOU~TON. TEXAS L.OS Af'.,jGEL.E.S. CAI...IFORNIA February 25, 1991 HAND DELIVERY c C' C\\-~ Y\'\~h^EL)e\L Donald Le Blanc City of winter springs 1126 East State Road 424 winter Springs, FL 32708 RE: Acceptance of private streets in wildwood Dear Donald: Per our telephone conversation, original deeds for filing. please provide me the Should you have any question, please call me. ours, ;uP!'en~- FCK/btr 1577X '~~~UWf& FEB 25 1991 piTY OF. WINTER SPRINGS !.:and Development Coordinator ,/' . ... .RegUlar Meeting, City Conunission, June 25, 1990 Paf~e II 89-90-17 Motion was made by Conunissioner Hoffmann to approve this subject to the fence problem and the movement of the ponds; that the ponds be moved in such a W<lY that the crees arc not destroyed and subject to tIle fence being decided as soon as possible. Seconded by COllunissioner Kulbes. Di/icusflion. Vote on the motion: Conunist;ioner Hoffmann, aye; COllU1\issioner Kulbes, aye; Conunis~ione r Jacobs, aye; COllunissioner Partyka, no; Conullissioner Kaehler, aye; 1II0tion carried. .~i..f0'. Manager Ri..ch,,,-~l R07.ans~'y-=- first reading oC Ord. No. ~YJ, backflow prevention and cross-connection control pro~~ram: Motion was made by Conunissioner Kaehler to read Ord. No. 1,9J by title only on first reading. Seconded by COllullLssLoner Kulbes. Di~.;cussion. Vote on the Illation: COllunissioner Kulbes, aye; COllul\issiol\cr Jacobs, aye; ConunissJ.oner Partyka, aye; COlllmissioner Kaehler, .:lye; Conullissioner Hoffmann, aye; mocion carried. Attorney Kruppenbacher read Ord. No. ~9J by title only on first reading. Res. No. 6~5 supporting South Seminole & N. Oranlle Co. Wastewater Transmission Authority's Res. No. YO-l-Hazardous Waste ContamLnants into the system, etc.: At torney Kruppenbacher read Retwlution No. ()/.S by t icle only. /'lotion was made by COllullissioner Kulbes to adopt Jtet:;olution No. 6/15. Seconded by COllullissioner Jacobs. Discussion. Vote on the motion: Comll\issioner Jncobt:;, aye; Commissioner Partyka, aye; COllullissioner Kaehler. ..lye; COllullissioner /lof fmann, ..lye; .~onunissioner Kulbes, aye; 1\\otion carried. 'low Splitter llox Replacement (WSWS-East): Motion was made by COllullissioncr Kulbes that the bid from Florida Environmental Utility Construction Comp.ll1y in the .IJllount of ~;lY..'iOO be awarded. Seconded by COllunissioner lIoffmann. Discussioll. Vote all the lilotion: COllullissioner Partyka. aye; COllullissioner Kaehler, aye; COllullissioner Kulbes, ..lye; motion carried. Code Enforcement-Coue Inspector: Motion was llIade by COIMlissioner Kulbes to approve the position of Code Inspector for the City of Winter Springs, to be defined as the job description providl'U by the City !-tanager and co include Grade LT7 to LT 9 for that position. ~econJed by COIlU1\l::;::;ione r Hof [mann. DLscus::i1on. Vote on the motion: Commi!.isioner 1I0f fmann. aye; COllunlssioner Kulbes, aye; COllunlssioner Jacobs, aye; Conullissioner Partyk':l, aye; Conunissioner Kaehler, aye; motion carried. WSWS(E/W) - Utility Director: I'tanager Rozansky twid he would like to discuss this item at the Workshop Meeting on the Budget Revision July 2nd. Rustic Woods: Manager Rozansky said he received a request from the president of Rustic Woods to accept certain roads. llrentwood/Mcadowbrook Drive do meet tile standards of city streets. Manager ){ozansky rcconunended if the C01\\mission accept.s them that we should leave the trees. COllullission was in at~rcement to accept these streets. .ndition/Analysis-City Hall Roof: .tion was madl.! by COllullissioner Jacobs to allow the City Mannr,er to t;\ke the steps to get adequate bids to rC)I..\ir the roof. Seconded by COllunissioner Partykn. Ul!.icussion. Vote on the motion: Cununlssioner Kulbes, aye; COllunissioner Jacobs, aye; Coounissioner Partyka, :lye; COllunissioner Kaehler, aye; COlI\missioner lIoffmann, aye; lI\otion e.1rrted. ,,/ . QUIT-CLAIM DEED THIS QUIT-CLAIM DEED. F~xecuted this 3f'~day of January. A.D., 1991. by WILDWOOD HOMES, INC.. a corporation not for profit organized and existing under the lawG of the State of l"lorida, and having its principal place of bUGiness at P. O. Box 4016. Winter Springs. F'lorida 32700. first party. to THE CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Cor po rat. ion, who 6 e po s t 0 f [ ice add reG s i s 112 6 E a s 'r. S r. ate H 0 a d 434, Winter Springs. Florida 32708, second party, WITNESSETH, That the said first party. for and in consideration:of the sum of TEN AND NO/l00 DOLLARS ($10.00), in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise. releaGe and quit-claim unto the said Gecond party (orever. all of the right. title, interest. claim and demand which the said first party has in and to the fOllowing descril.wd lot. piece or parcel of land, situate. lying and being in the Count.y of Seminole, State of Florida. to wit: I BRENTWOOD DRIVE and the EAST/WEST axis of DRIVE. as set forth in the Plat of WILDWOOD, a Development. recorded in Plat Book 19, Pages Record6 of Seminole County. Florida MEADOWBROOK Planned Unit 7-10, PUblic . THIS DEED is given for the purpose of dedicating the above described streets to the CI'l'Y OF' WINTER SPRINGS. l"LORIDA for perpetual use of the public. TO HAVE AND TO HOLD. the same together with all and singular the appurtenanceG thereunto belonging or in anywiae appertaining, and all the estate, right. title, intereat. lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEHEOF. the said First Party has caused theae presents to be executed in its name and its corporate seal to be hereunto affi~fd, by its proper officers thereunto duly authorized the 3"'c day of January, A.D., 1991 A TTE ST : ).y;f? , //1 ~,-..J /), /i.~ ;'f( Il~ ) Secretary Signed. sealed and delivered in the presence of: o Indo- 1. (j-((jcfl~ 1~-v}dJuL YI ~/P!/HLf~ j " . WILDWOOD HOMES, INC. t)~ z .A~ David L. Godkin, President . STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oathG and take acknowledgements. personally appeared DAVID L. GODKIN and \"I/\/UH/\ A. ~fl..{)I.L)jo..j , well known to me to be the President and Secretary respectively of WILDWOOD HOMES, INC., a corporation, and that they Geverally acknowledged executing the same in the presence o( two SUbscribing witnesses freely and voluntarily under authority, duly vested in them by the said corporation and the seal affixed thereto is the true corporate seal of said corporation. . ",/, / ...,,' ;,. / ./' WITNESS my hand and official seal in the County and State // 1 a s t a for e s aid t his q h/ 0 f J a n u a r y. A . D.. 199 1 . ~/ ~.$~~L~ ~ry-publlC My Commission Expires: Prepared by: James P. Panico. Esq. James P. Panico Professional Association 111 South Maitland Avenue Maitland. Florida 32751 (407 647-7200 5BB7G/kd .".., I'UIL IC STAT( ,. f'LI;)ItIDA 11 CaMMl"IO' lX' Sl'T.12.I9tJ ~D TItIIU Cl~UL I.. UIIO. . . -2- a -..-. . w . . . March 4. 1991 TO: City Manager ~ Land Development Coordinato~ FROM: RE: 1) Acceptance of Private Streets in Wildwood 2) Florida Power Corporation Distribution Easement The above referenced have been reviewed by the City Attorney and are now ready for action. This may require Co~nission action although the Commission was in agreement to accept Item No.1) as per the Commission Minutes of June 25. 1990 indicate. Please see attached correspondence. NOTE: I have retained the original documents. jig ,...----. . LAW On--ICES HONIGMAN MILLER SCHWARTZ AND COHN 390 NORTH ORANGE AVENUE SUITE 1300 ORLANDO, FLORIDA 32801-2448 FRANKKRUPPENBACHER . . TELEPHONE 14071 64fj-0300 TELECOPIEA 14071 64fj-lI:>5 WEST PALM BEACH, F'L..ORIOA TAMPA, FL..ORIOA DETROIT, MICHIGAN L.ANSING, MICHIGAN HOUSTON, TEXAS LOS ANGEL.ES. CAL.1FOANIA February 25, 1991 HAND DELIVERY Donald Le Blanc City of Winter Springs 1126 East State Road 424 Winter Springs, FL 32708 c. '-: c.:\'\. 'N\ ~\,,-cQ. tJt':' \L RE: Florida Power Corporation Distribution Easement Dear Donald: The attached "Distribution Easement" agreement is approved for execution by the City. Should you have any questions, call me. FCKjbtr enclosure 1577X ~.~~~[fgrr\1~@. [\~ .~ . :v - 't"y ~: i~ .', 2 5 1 (\ Q 1 ;.._.,.......... ...J...; CLT.Y. OE WINTER S.~RIN.GS J:Qn"d Dc.llelopment Coordinaton /" wV"'W . ;:::t~:: Florida ~.~.. -: Power ":~t:t~" ~,U .. ~ l) " ~ I . " N DISTRIBUTION EASEMENT THIS EASEMENT, Made this day between ,a corporation (Sla,") its successors and assigns ("GRANTOR"), and FLORIDA POWER CORPORATION, a Florida corporation, its successors, lessees and assigns ("GRANTEE"); WITNESSETH, That, for and in consideration of the mutual benefits, covenants and conditions herein contained, GRANTOR grants and conveys to GRANTEE an easement to install, operate and maintain in perpetuity or until the use thereof is abandoned, such facilities as may be necessary or desirable for providing electric energy and service and communication services; said facilities being located in the following described "Easement Area" within GRAN. TOR's premises in SEMINOLE County, Florida, to wit: . A 10 foot wide Easement Area defined as dili-K~K~ lying 5 feet on each side of Grantee's facilities to be installed at mutually agreeable locations over, across and through the following described property to accommodate present development and existing facilities. See Legal Description on accompanying Exhibit "A" attached hereto and by this reference made a part hereof. The intent of this document is to convey an easement over subject property to accommodate existing facilities and proposed development as shown on accompanying Drawing "A" attached hereto and by this reference made a part hereof. Future installations over subject property will require approval by Grantor. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the right for GRANTEE to clear the Ease. ment Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right for GRANTEE to trim or remove any timber adjacent to but outside the Easement Area which, in the opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said ease. ment for the purposes described above. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If fences are installed, they shall be placed so as to allow ready access to GRANTEE's facilities and prnvirlA a working space of not less than six feet (6') on the opening side and one foot (1 ') on the other three sides of any pad mounted transformer. If GRANTOR's future orderly develop- ment of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days alter receipt . ThiS documenl prepared by H. A. EVERTZ III Real ESlale Depl., Fla. Power Corp. P.O. Box 14042, Sl. Pel"'Sburg, FL 33733 Rev. 4189 CORPORA TE RET: Lile 01 Corpordllon RESP: Real ESlal" 913 '3215) v' wm .j::-O . :? N" o . ]J w~ O. o CIl g (1) z a ~ ,..... ;:J o J-" (1) " r1 :D o <.. m ~ ~ rr ,..... N (1) ;:J tIl n rr r1 I r' I w Ul .j...... ..... '" '" . . . /' ,....,,;,.... '\ of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRAN, TOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the reloca. tion, the easement herein shall be considered cancelled as to the portion vacated by such relocation. GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Ared in GRANTOR's premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any and all damages and injuries, whether to persons or property, resulting from interference with GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) thaI GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _ day of ,19_. WITNESSES: (NAME Of CORPORATION) BY PRESIDENT ATTEST: SECRET AllY STATE OF ) ) ss. ) COUNTY OF The foregoing easement was acknowledged before me this _ day of ,19_, by President and by as as Secretary, respectively of a corporation of the State of , on behalf of the corporation as GRANTOR. (NOTARIAL) (SEAL) NOTARY PUBLIC My Commission Expires: 913 532(5) BACK . . . ../ if] WCl> ~.' n I~XIIII\ I '\' "A" Begin at the Southwest corner Ill' Blllck 19, Nor-th Orlaudo 1{;lllclll'S, Section 11, according to the pl;lt tllCf'C'O[ as recorded in I'Ll!" 1I00k I], Pages 22 and 23 or the Pu1>llc I{econls of Seminole County, Florlda, run N 80 0 1 8 ' 1 2 " E, a 10 n g Sou t h U. n e 0 f sa i d B 10 c k l 9, llS. 00 fee t ; thence N 6703/1'29" E, 2J11./.4 feet to the Southeast corner o[ Block 11; thence Southerly on the Southwesterly line o[ JUoek 18 of said North Orlando Ranches, Sect ion II a lOll)', ;1 curve concave Northeaster-ly, having a radius o[ 17l5.00 feet, a centl-al angle o[ L20/18IJ9", an arc distance 0 [ 3 8 3 . /1 6 feet; thence S 3 [) 0 III ' 1 0 " E, 3 30 . 4 0 feet to the Northerly (Ught-of-\~ay line of Edgemon Avenue; thence Southwesterly on said IUght-o[-Hay line a long a curve concave Southeasterly having a radius o[ 533.00 [eel, a celltral angle of 16029'38". an arc d i s tan ceo [ I 5 3 .III, [ e (' t; the nee S 3 2 0 0 2 1 /1 5 " \~, a Ion g sa i d Rig h t - of-Way line 91.28 [eet to the Northeast corner o[ Lot L3, BLock J, North Orlando, 5th Addition. according to the plat thereof as recorded In Plat Book 13, pap.ps 77 allt! 78 of the Public R(~cords or Semlnole County. Florl.da; thl'lll'e N 57"S7' LS" W, al.ong the Northe,1sterly line of Lot LJ, JUock J, (00.00 feet; thence rUII S 32002'/1)" W 125.00 fee t tot heN 0 r the;1 s t co nH' I' 0 f L () t I 0; the II c eNS 7 0 'j 7 ' ( 5" W, a 10 II g t: he Northeasterly line of sald Block 3. 89.57 feet to a curve concave Southwesterly, having a radius of 1050.24 feet and a central angle o[ 3 2 0 0 2 ' 4 5 " for a n arc Ie n g tho f 5 8 7 . Id fee t. the J1 c eWe s t II. 5 . 00 [e e t to the Northwest corner of said Block :I. thence N 26057108" E, 580.LO feet to the Point of Beginning. AND: rl IJ ~ O'd ~ l,o.l OQ O(ll n UlO Cl> ~ fl :::l ~-... cr ~ 1..< o r--' III Tract "B", lIighland Village '1\0)0, recorded In Plnt Book /10, Pages /10 and /ll of the Public Records o[ Seminole County, Florida. '1:1 tn '1 (\) 0 :::l L.,. t-" Cl> o (l '1 rr All together containing 11.648 acres more or less and being subject to any rights-or-way, restrictions and easements of record. n t-" rr t-'. 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