HomeMy WebLinkAbout1992 03 09 Regular
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Joseph Charles Bozik
Registered Professional Engineer
March 9, 1991
MASTER PLANNING
BUILDING EVALUATION
COST ESTIMATING
INFORMATION SYSTEMS
CENTRAl UTILITIES
EDUCATIONAL SEMINARS
CONSTRUCTION MANAGEMENT
AUTOMATED MAINTENANCE PROGRAMS
Mr. Mbdi Khemlani, President
TusGawilla Homeowners Association
605 Morgan Street
Winter Springs, FL 32708
Dear Mr. Khemlani:
As a resident of Tuscawilla, and also as a Registered Professional Enginee~
I believe it to be my ethical duty to present in writing a most serious con-
sideration regarding the effects of two borrow pits proposed for Parcel l4C
and ParcellS of the Tuscawilla area.
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Due to limited areas which are available, it is necessary for this proposed
project that excessively deep excavations be made. These excavations will
pierce the upper water aquifer which supplies drinking water to many local
unincorporated areas A connection from the surface to the water supply,
therefore1can have serious implications upon the safety to life for inhabitants
of the area. This proposed connection may be within the bounds of regulations
but does not change the fact of created hazard which should be carefully
avoided. Water supply is important.
For the proposed borrow pit installations, by action of the City Board of
Adjustment on Thursday, March 5 Ja most serious hazard has been permitted by
approving connections of surface drainage holding ponds to the proposed water
holding system of the pits. In my opinion, as a Professional Engineer of
40 years experience, this connection will introduce water soluble contaminents-
some of which have high probability of being toxic chemical materials. No
control can be exerted over the adjacent residents use of toxic chemicals for
their own purposes, orthese materials which can be introduced from the commercial
areas adjacentJand in the nearby areas just outside Tuscawilla.
It should be shown in the Public Record that this matter of possible contamination
has been raised at a Public Meeting. In my opinion, the hazards greatly out--
weigh any possible benefits to the Winter Springs area The shallow water
aquifer is believed also to be connected to the deep water aquifer serving Central
Florida.
This question of hazard was raised at the March 5 meeting. The Builders
Representative stated that all contaminents would be filtered before surface
water would be admitted to the borrow pits. No objection to this statement
was raised by the City Representatives. I therefore wish to state however, as
eNAllONAL COUNCIL OF ENGINEEANG EXAMINERS
SECRET CLEARANCE - U.S. GOVEAIIMENT
STATES OF REGISTRATION:
INOlANA GEORGIA FLORIDA NORTH CAROLINA SOUTH CAROLINA VIRGINIA PENNSYLVANIA OHIO TENNESSEE
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Page 2
Mr. Modi Khemlani, President
Tuscawilla Homeowners Association
a Registered Professional Engineer in 9 States, that the water-soluble conta-
minents, which can be toxic, will ll2! be removed by proposed methods. For the
record, it is also my opinion that any connections to the drinking water supply
from drainage of ResidentllialjCommercial properties thereby provide unnecessary
hazard to inhabitants.
I therefore respectfully request that creation of wet -bottom borrow pits
be not permitted in the Tuscawilla area. This material should be taken from
unoccupied areas such as farm lands, not a high density development.
Respectfully submitted
Joseph C. Bozik, PE
National Council of Engineering
Examiners #4323
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Euro American Investors Group
715 Ferncreek Avenue
Orlando, FL 32803
March 3, 1992
Thomas F. Lang, Esquire
Honigan, Miller, Schwartz & Cohn
390 N. Orange Ave., suite 1300
Orlando, FL 32801
RE: Springs Lands Lease with City of
winter Springs re Wagner's Curve
Dear Mr. Lang:
As you are aware, I am the general partner of springs Land
Investments, Ltd.. Our property has been significantly impacted as
a result of the proposed taking by the Department of Transportation
for the Wagner's Curve improvements. In this regard we have also
been working with the City of winter Springs in resolving our
mutual concerns with respect to interim access and land use issues.
As a result of these negotiations, we have agreed to lease certain
properties at no cost to the City of Winter Springs subject to our
right to, after one year, require the City to purchase the property
leased by eminent domain, or failing the City's timely prosecution
of an eminent domain proceeding, to file an inverse condemnation
proceeding.
Please be advised that the sole purpose for this option is to
insure a satisfactory resolution of the land use issues that remain
between the City of winter springs and us. If and when these land
use issues are satisfactorily resolved, we will formally waive our
right to exercise the eminent domain option.
In the event that the land use issues remain unresolved and the
eminent domain option is exercised by springs Land Investments, it
is understood that the price to be paid will be based on the value
of the property as of the date the lease is executed adjusted for
time at the rate of plus one percent per month.
In the event the eminent domain option is exercised and the
property is acquired by the City of winter Springs in accordance
wi th the above and subsequently the permanent improvements to
Wagner's Curve presently contemplated by the Department of
Transportation are completed and open, then, upon restoration of
the property that is the subject matter of the leases in accordance
with the terms thereof, the City of winter Springs will sell and
Springs Land Investments will purchase back the property acquired
at the value ascribed to the part taken in the eminent domain proceedings.
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Thomas F. Lang, Esquire
March 3, 1992
Page Two
This prov1s10n is not intended by either party to be an indication
of the fair market value of the property covered by the leases
after the taking by the state of Florida Department of
Transportation.
I trust the foregoing meets with your client's consent, but if not
please advise me or my attorney, J. Christy Wilson, III, at your
earliest convenience so that we may discuss the matter further.
sincerely,
~ ~Iwd-'"
Keen .
JCW/jc
LEASE
. THIS AGREEMENT made this 3 ~ day of 0.A ftrU-4-/--
1992, by and between SPRINGS LAND INVESTMENTS, LTD., a Florida
limited partnership, as Lessor, and the CITY OF WINTER SPRINGS,
FLORIDA, and/or assigns, as Lessee:
WIT N E SSE T H:
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, is engaged
in the construction of Central Winds Park, a super park, which
requires the temporary realignment of State Road 434 in the area
known locally as "Wagner's Curve"; and
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA is obligated
to acquire right of way and perform construction for said
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realignment in a manner acceptable to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION and consistent with DOT Permit # ___
S:.]eVL"-90-5:l ; and
WHEREAS, a specific condition of the aforementioned DOT
permi t is that the CITY OF WINTER SPRINGS, FLORIDA acquire a
sufficient property interest in the land upon which the temporary
realignment of SR 434 shall be constructed so that said temporary
realignment may remain in perpetuity as constructed pursuant to the
DOT permit; and
WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is a property
owner from whom the CITY OF WINTER SPRINGS, FLORIDA must acquire
property to comply with the conditions of the DOT permit; and
WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is desirous of
maintaining its constructive relationship with the CITY OF WINTER
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SPRINGS, FLORIDA, and the CITY OF WINTER SPRINGS, FLORIDA is
desirous of maintaining its good relationship with SPRINGS LAND
INVESTMENTS, LTD., it is
THEREFORE, in consideration of Ten Dollars ($10.00) and
other valuable considerations agreed to by the parties, it is
agreed as follows:
1. That SPRINGS LAND INVESTMENTS, LTD., a Florida
limited partnership, (hereinafter referred to as Lessor) does
hereby lease to the CITY OF WINTER SPRINGS, FLORIDA, (hereinafter
referred to as Lessee) and the Lessee does hereby hire from Lessor,
the lands described in Exhibit "A" which is attached hereto and
incorporated herein by reference to be used for the temporary
realignment of Wagner's Curve, including the installation of
pavement, curbs and gutters, runoff water transmission and
treatment facilities, and sidewalks until such time as the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION shall open for public travel
the final realignment of Wagner's Curve or until such time as the
CITY OF WINTER SPRINGS, FLORIDA shall acquire the leased area by
condemnation pursuant to Paragraph 3 of this Agreement.
2. The construction referred to in Paragraph 1 hereof
shall substantially comply with the plans submitted to Lessor, a
copy of which is attached hereto and incorporated herein as Exhibit
"B". Provided, however, that the CITY OF WINTER SPRINGS, FLORIDA
and/or the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION may make
such future modifications to the temporary realignment as may be
deemed necessary for the safe and efficient function of the
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facility.
3. The Lessor shall retain the option of requiring
Lessee to purchase the leased premises, but in no event shall this
option be exercised sooner than one (1) year from the date on which
this lease is granted. The CITY OF WINTER SPRINGS, FLORIDA shall,
at the option of the Lessor, be required to purchase by way of
statutory condemnation proceedings the land described in Exhibit
"A" as the leased premises. Lessor shall exercise its option to
require such purchase of the leased premises by providing written
notification to the CITY OF WINTER SPRINGS, FLORIDA. SPRINGS LAND
INVESTMENTS, INC. hereby agrees that requiring the purchase by way
of statutory condemnation proceedings of the leased premises is its
exclusive remedy at law under this Lease. SPRINGS LAND
INVESTMENTS, INC. hereby waives any and all legal or equitable
rights it may have to cause the eviction of Lessee from the leased
premises or the removal of the temporary alignment prior to the
opening for public travel of the final realignment of SR 434. If
the CITY OF WINTER SPRINGS, FLORIDA does not purchase the leased
premises from Lessor within ninety (90) days of its receipt of
Lessor's written notice requiring such purchase pursuant to this
paragraph, Lessor's exclusive remedy shall be a suit in inverse
condemnation against the CITY OF WINTER SPRINGS, FLORIDA.
4. Lessor's access from the temporary alignment, once
constructed, to the remainder of its lands shall be governed by
Rules 14-96 and 14-97, Florida Administrative Code.
5. Lessee hereby indemnifies and agrees to hold
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harmless Lessor from any and all claims whatsoever resulting from
the construction on or use of the leased premises for a temporary
roadway or related temporary roadway improvements.
6. Lessor and Lessee understand that a portion of the
lands leased herein are under threat of condemnation by the state
of Florida as mentioned above. In the event that the lands leased
herein, or any portion thereof, shall be taken by the power of
eminent domain, or sold in lieu thereof, Lessee shall not be
entitled to any part of the award for said taking or the proceeds
of any sale(s) in lieu thereof; nor shall Lessee be entitled to any
compensation paid for damages caused by any partial taking, or sale
in lieu thereof, to any portiones) of the premises leased herein
remaining not taken or the cost of curing said damages.
7. Lessee shall maintain and keep the leased lands,
together with the roadway improvements thereon, in good repair free
from refuse and rubbish.
8. That upon the completion and opening of the final
realignment of SR 434 at Wagner's Curve Lessee shall return the
lands leased to the condition they were in prior to the lease,
unless permitted in writing by Lessor to do otherwise.
9. Lessee shall duly obey and comply with all public
laws, ordinances, rules or regulations relating to the use of the
leased lands.
10. Lessee shall pay all governmental taxes, assessments
and charges which shall be assessed and levied upon the leased
lands or any portion thereof during the set term as they shall
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become due.
11. Lessee has been advised by Lessor that Lessor
reserves the right to sell the leased lands subject to the lease.
Lessee agrees to cooperate fully with Lessor in any such sale of
the property.
12. The foregoing constitutes the entire agree~ent of
the parties. Any additions and/or changes hereto must be in
writing signed by both parties.
13. This Lease shall be governed by the Laws of the
state of Florida.
In the event that any provision or clause of
this Lease conflicts with applicable Florida law, such conflict
shall not effect the other provisions of this Lease which will be
given full effect without the conflicting provision.
IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants
and agreements herein contained shall enure to the benefit of and
be equally binding upon the respective executors, administrators,
heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease on the day and year first above written.
signed, sealed and delivered
~;S~
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Lessor
Lessee
This document prepared by: Brigham, Moore, Gaylord, Wilson, Ulmer,
Schuster & Sachs, III N. Orange Ave., suite 1575, Orlando, FL 32801
(407) 423-2251
5
LEGAL DESCRIPTION
(NOT
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LEGAL DESCRWTION
ALL THAT TRACT OR PARCEL OF LAND LYING IN SEMINOLE COUNTY FLORIDA
AND BEING A PORTION OF LOT 18 AND LOT 19 OF BLOCK D OF D.R. MITCHELL'S
SURVEY OFTHE LEVY GRANT ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK I, PAGE 5. SEMINOLE COUNTY, FLORIDA RECORDS, AND BEING
MORE PARTICULARLY DESCRIDED AS FOLLOWS:
COMMENCING AT THE POINT OF CURVATURE ON THE BASE LINE OF SURVEY AT
STATION 557+ 14. 10 ACCORDING TO FLORIDA DEPARTMENTOFTRANSPORTATION
MAINTENANCE MAP. STATE ROAD 434, SECTION 77070; THENCE S83"50'23"W
ALONG SAID BASE LINE OF SURVEY A Dl~"TANCE OF 221.91 FEET; THENCE
DEPARTING SAID BASE LINE S06"09'37"E A DISTANCE OF 25.00 FEET TO A POINT
ON THE SOUTHERLY MAINTENANCE RIGHT-OF-WAY LINE AND THE POINT OF
BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE S06"06'03"E A
DISTANCE OF 24.78 FEET TO A POINT ON THE PROPOSED RIGHT-OF-WAY LINE
AND A POINT ON A CURVE. SAID CURVE BEING CONCAVE TO THE SOUTH,
HAVING A TANGENT BEARING OF N87"SS'4S"W, A CENTRAL ANGLE OF 03"06'36",
AND A RADIUS OF 464.19 FEET; THENCE ALONG SAID CURVE IN A WESTERLY
DIRECTION AND ALONG SAID PROPOSED RIGHT-OF-WA Y LINE AN ARC LENGTH
OF 25.20 FEET TO THE POINT OF TANGENCY; THENCE CONTINUES ALONG SAID
PROPOSED RIGHT-OF-WAY LINE S88"S7'40"W A DISTANCE OF 244.81 FEET TO A
POINT ON SAID MAINTENANCE RIGHT-OF-WAY; THENCE ALONG SAID
MAINTENANCE RIGHT-OF-WAY N83"SO'23"E A DISTANCE OF 268.88 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINING 0.07 ACRE MORE OR LESS
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SI:.Er:/\RJNGS AASED ON THE BASELINE OF SURVEYOr: STATF ROAD No 434 FROM
. t\ nON 498 + 48 48 TO . -. - .
FLORIDA DFPARTMENT SOT~ rl'_oRN 557+ 14.1.~ BEING N8)"SO'2J"E ACCORDING TO
'OAD - _ . . ANSPORTA liON MAINTENANCE MAP OF STATE
, No. .04 SI:CTION 77070, AND ARE ASSUMED.
THE SURVEYOR HAS NOT ABsmACTED 1l1E LANDS SHOWN HEREON rOR EASEMENTS CEnTIJo1CATION:
~~D!OR RIGHTS or WAY or RECORD. I HEREBY CERTIFY THAT Tim LEIJAL ~ESCRIPTION AND SKETCH IS
B~URr ACE AND/OR AERIAL ENCROACHMENTS. IF ANY. ARE NOT LOCATED. CORRECT TO TH" nEST OF MY KNOW' "DCE AND I'ELI'OF I FURTHER
1l1(RE ARE NO ENCROACHMENTS EXCEPT S S .......... '- I',
A HOWN. CERTIFY THAT TillS S~RVEY MEETS nil, MINIMUM TECHNICAl.
STANDARDS AS SET rORTH BY THi: FLORiDA BOARD OF LAND
SURVEYORS PURSU....NT TO ADMIMST~ATIVr; CODE RUI.E 21HH.6
~OF "HEA_ A ATum'(~L
k . PAUL deVIVEnO, P.L.S.
ORA WN BY: Me.. PROJECT # ~.1J'2.-,. OA TE: I.z.~~-O)I PIWIT:.SSIO;~."L .'_"i'o/D :;U"YE~OR 14990
VAllO OH..Y \\'~TH Ft,\UOS$L:/) SEAl.
~Vl~~NVEol(NG !101m JJ. WdiJ k Assodl1les~ lUL.
3319 MAQUIRE BOULEVARD, SUITE 100 ORLANDO. FLORIDA 32803 PHONE 407-898.9322 fAX 407-894-0169
REQUIRED RfGHT-OF-W A Y
STATE ROAD 434
(WAGNERS' CURVE)
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ALl. THAT TRACT OR PARCEL or l.AND LYING IN SEMINOLE COUNTY KORIDA
AND BEING A PORTION Of LOT 18 or BLOCK 0 OF D.R, MITCHELL'S SURVEYOr
THE LEVY GRANT ACCORDING TO THE PLAT THEREor AS RECORDED IN PLAT
BOOK I, PAGE 5, SEMINOLE COUNTY, FLORIDA, RECORDS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE POINT OF CURVATURE ON THE BASE LINE or SURVEY AT
STATION 557 + 14 .IOACCORDING TO FLORIDA DEPARTMENT OFTRANSPORT A TION
MAINTENANCE MAP, STATE ROAD 4)4, SECTION 77070; THENCE S06"09')7"E A
DISTANCE or 25.00 FEET TO A POINT OF CURVATURE ON THE SOUTHWESTERLY
MAINTENANCE RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING; THENCE
ALONG SAID MAINTENANCE RIGHT-OF-WAY LINE ALONG A CURVE BEING
CONCAVE TO THE SOUTHWEST, HAVING A TANGENT BEARING OF N8)"SO'2)"E,
A CENTRAL ANGLE OF 72"47'S9", AND A RADIUS OF 112.2S FEET, IN A
SOUTHEASTERLY DIRECTION AN ARC DISTANCE OF 142.62 FEET TO THE POINT
OF TANGENCY; THENCE CONTINUE ALONG SAID MAINTENANCE RIGHT-OF-WAY
LINE S23"2I'38"E A DISTANCE OF 363.81 FEET TO A POINT OF CURVATURE ON
THE PROPOSED RIGHT-OF-WA Y LINE, THENCE DEPARTING SAID MAINTENANCE
RlGHT-OF-W A Y AND ALONG PROPOSED RIGHT-OF-WAY IN A NORTHWESTERLY
DIRECTION ALONG A CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A
TANGENT BEARING OF N31"19'25'W, A CENTRAL ANGLE OF 15"05'22". AND A
RADIUS OF 1209.52; AN ARC LENGTH OF 318.54 FEET TO A POINT OF A NON
TANGENT COMPOUND CURVE; THENCE CONTINUE ALONG THE PROPOSED RIGHT-
OF-WAY IN A NORTHWESTERLY DIRECTION ALONG A CURVE BEING CONCAVE
TO THE SOUTHWEST, HA VING A TANGENT BEARING OF NSO")4 '26"W, A CENTRAL
OF 27"50'46", AND A RADIUS OF 464.19 FEET, AN ARC LENGTH OF 225.60 FEET;
THENCE N06"06'03"W DEPARTING THE PROPOSED RIGHT-OF-WAY LINE A
DISTANCE OF 42.07 TO A POINT ON EXISTING MAINTENANCE RIGHT-OF-WAY
LINE; THENCE N8)"SO'23'E ALONG MAINTENANCE RIGHT-OF-WAY LINE A
DISTANCE OF 146.91 FEET TO THE POINT OF BEGINNING.
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PARCEL CONTAINING 0.82 ACRE MORE OR LESS
BEARINGS BASED ON THE llASELlNE OF SURVEY OF STATE ROAD No. 434 FROM
STATION 498+48.48 TO STATION 557+14.10 BEING N83050'2)'E ACCORDING TO
FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAr OF STATE
ROAD No. 434 SECTION 77070, AND ARE ASSUMED.
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THE SURVEYOR HAS NOT ABSTRACITo THE LANDS SHOWN HEREON fOR EASEMENTS CERTIFICATION: . _.. .
AND/OR RICHTS Of WAr Of RECORD, IIIEREOY CERTIFY 'rHATTHIS LeGAL DESCRII'TION AND SKEICIIIS
~UBSURf ACE AND/OR ,,(RIAL ENCROACHMENTS, If "NY, AflE NOT l.oe" ITD CORRECT TO THE OF.sT OF tv. Y Ki"OWLEDGE AND BELIEF, I FUKTHER
DiEflE "RE NO ENCRO"CHMENTS EXCEPT AS SHOWN. CERTIFY THAT TI-IIS SU/(v'[Y MEETS TilE MINIMUM TECHNICAl.
STANDARDS AS SlIT F\)KT\l IIY THE FLORIDA BOAKD 01' LAND
SURVEYORS I'URSt!ANT TO ADj.-jIHISTRATIVE CODE RULE 2IHH-(,
AND SECT' "'DF~;;A:"T:~ ~/91
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II. PAUL d~VIVZI~O. I'.L.S.
I'ROFr~<;I,)tJAL LMW ~(jRvEYOR 14990
'/ ALiI' ONL Y \'.',1'11 EMOOSSED SEAL
REQUIRED RIGHT-OF-WAY
8T ATE ROAD 434
(WAGNERS' CURVE)
DRAWN BY: Wt- PROJECT #'Wl'Z-rbl.4- DATE: 1Z--?-OJ/
~Vl~~NVEo'(NG !101m R. WdiJ k Assodnlcs, !Jtt..
3319 MAQUIRE BOULEVARD, SUITE 100 ORLANDO, FLORIDA 32803 PHONE 407-898.9322 FAX 407-894-0169
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LEGAL DESCRIPTION AND
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LEGAl DESCRI~flON \
ALL THAT TRACT OR PARCEL Of LAND BEING A 10 FOOT UTILITY EASEMENT,
LYING IN SEMINOLE COUNTY FLORIDA AND BEING A PORTION Of LOT 18 OF ~
BLOCK 0 Of D.R. MITCHELL'S SURVEY OFTHE LEVY GRANT ACCORDING TOTHE
PLAT THEREOF, RECORDED IN PLAT BOOK I, PAGE 5, SEMINOLE COUNTY,
FLORIDA, RECORDS AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
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COMMENCING AT THE POINT OF CURVATURE ON THE BASE LINE Of SURVEY AT
STATION 557 + 14.10 ACCORDING TO FLORIDA DEPARTMENT OFTRANSPORTA TION
MAINTENANCE MAP, STATE ROAD 434, SECTION 77070; THENCE S06.09'37"E A
DISTANCE OF 25.00 FEET TO A POINT OF CURVATURE ON THE SOUTHWESTERLY
MAINTENANCE RIGHT-Of-WAY LINE AND THE POINT OF BEGINNING, THENCE
ALONG SAID MAINTENANCE RIGHT-OF-WAY LINE ALONG A CURVE BEING
CONCAVE TO THE SOUTHWEST HAVING A TANGENT BEARING OF N83.50'2)"E, A
CENTRAL ANGLE OF 72.47'59", AND A RADIUS OF 112.25 fEET, IN A
SOUTHEASTERLY DIRECTION AN ARC DISTANCE OF 142.62 fEET TO THE POINT
OF TANGENCY; THENCE CONTINUE ALONG SAID MAINTENANCE R1GHT-Of.WA Y
LINE S23"2I'38"E A DISTANCE OF 884.98 FEET TO A POINT ON THE SOUTH
PROPERTY LINE OF SAID LOT 18; THENCE DEPARTING SAID MAINTENANCE
RIGHT-OF-W A Y LINE AND ALONG THE SOUTH PROPERTY LINE OF SAID LOT 18
S8)"50'23"W A DISTANCE OF 10.47 FEET TO A POINT 10 FEET FROM, WHEN
MEASURED PERPENDICULAR TO THE MAINTENANCE RIGHT-OF-WAY LINE,
THENCE N23.2I'38"W ALONG THE 10' UTILITY EASEMENT LINE AND PARALLEL
TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 881.80 FEET TO
THE POINT OF CURVATURE, THENCE ALONG A CURVE BEING CONCAVE TO THE
SOUTHWEST HAVING A CENTRAL ANGLE OF 72"47'59" AND A RADIUS OF 102.25
FEET, IN A NORTHWESTERLY DIRECTION, AN ARC LENGHT OF 129.92 FEET SAID
CURVE BEING 10 FEET PARALLEL TO THE SOUTHWESTERLY MAINTENANCE
RIGHT-OF-WA Y LINE; THENCE N06.09'37"E IN A RADIAL DIRECTION A DISTANCE
OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.20 ACRE MORE OR LESS.
BEARINGS BASED ON THE BASELINE OF SURVEY OF STATE ROAl) No. 434 FROM
STATION 498+48.48 TO STATION 557+ 14.10 BEING N830S0'23"E ACCORDING TO
FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MAP OF STATE
ROAD No. 434 SECTION 77070, AND ARE ASSUMED.
SKETCH
SURVEY)
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THE SURVEYOR HAS NOT ABSmACn:D THE LANDS SHOWN HEREON ,OR EASEMENTS CEl{TIFICATION: .
AND/OR RICHTS 0, WAY or RECORD. I IlEREIIY CERTIFY TIlAT .nlls LEG."!. J)I'.SCRIPTION AND SKI:TCIIIS
SUBSURrACE AND/OR AERIAL ENCROACHMENTS. IF' ANY, ARE NOT LOCATED. CORRECTTOTHEllI;STOr-MYKNOW:"I,UGf.AtIDIlELlEF,IFURTIIER
THERE ARE NO ENCROACHMENTS EXCEPT AS SHOWN. CERTIFY THAT TillS SURVEY MEclS TliE MltllMUM TECIlNICAL
STANDARDS AS SET FOR": rI II' THE I-LOR!!)A nOARD OF I.ANU
SURVEYORS I'URSUANT TO ADMINISTR "rvE CODE RULE 211i1i-i>
ANU SECTION 2 OF ~ FLO~{ TAT~TI:.
I. I'/;uL;i,;ViVlm;('I..L.{~;JJ--.
PROr-r:.sSJOt:AI. I.A;>m SIJI<VCV()I{ 14~0
VALID m;1.) "11TH EMD0SSED S:2AI.
10' UTILITY EASEMENT
DRAWN BY: E.. PROJECT # WI1.rdl A-- DATE: l'l-~~I
~Vl~ytNVEo'iNG joint IJ. WdiJ It Assodl1lc8, lw.
3319 MAQUIRE 80ULEVARD, SUITE 100 ORLANDO, FLORIDA .32803 PHONE 407-898.9322 FAX 407-894-0169
.
EXHIBIT "B"
Those certain construction plans of relocation of Wagners'
Curve (Route #434) and entrance road to Central Winds Park,
prepared for the City of Winter Springs, and prepared by John B. Webb
& Associates, Inc. dated September, 1991 and on file at the City of
Winter Springs offices.
.
.
.
.
.
.
LEASE
dJ
l'? ~ day of
N~~
THIS AGREEMENT made this
1992, by and between SPRINGS LAND INVESTMENTS, LTD., a Florida
limited partnership, as Lessor, and the CITY OF WINTER SPRINGS,
FLORIDA, and/or assigns, as Lessee:
WIT N E SSE T H:
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, is engaged
in the construction of Central Winds Park, a super park, which
requires the temporary realignment of State Road 434 in the area
known locally as "Wagner's Curve"; and
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA is obligated
to acquire right of way and perform construction for said
realignment in a manner acceptable to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION and consistent with DOT Permit # ---
; and
WHEREAS, a specific condition of the aforementioned DOT
permit is that the CITY OF WINTER SPRINGS, FLORIDA acquire a
sufficient property interest in the land upon which the temporary
realignment of SR 434 shall be constructed so that said temporary
realignment may remain in perpetuity as constructed pursuant to the
I
DOT permit; and
WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is a property
owner from whom the CITY OF WINTER SPRINGS, FLORIDA must acquire
property to comply with the conditions of the DOT permit; and
WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is desirous of
maintaining its constructive relationship with the CITY OF WINTER
1
.
.
.
SPRINGS, FLORIDA, and the CITY OF WINTER SPRINGS, FLORIDA is
desirous of maintaining its good relationship with SPRINGS LAND
\
INVESTMENTS, LTD., it is
THEREFORE, in consideration of Ten Dollars ($10.00) and
other valuable considerations agreed to by the parties, it is
agreed as follows:
1. That SPRINGS LAND INVESTMENTS, LTD., a Florida
limited partnership, (hereinafter referred to as Lessor) does
hereby lease to the CITY OF WINTER SPRINGS, FLORIDA, (hereinafter
referred to as Lessee) and the Lessee does hereby hire from Lessor,
the lands described in Exhibit "A" which is attached hereto and
incorporated herein by reference to be used for the temporary
realignment of Wagner's Curve, including the installation of
pavement, curbs and gutters, runoff water transmission and
treatment facilities, and sidewalks until such time as the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION shall open for public travel
the final realignment of Wagner's Curve or until such time as the
CITY OF WINTER SPRINGS, FLORIDA shall acquire the leased area by
condemnation pursuant to Paragraph 3 of this Agreement.
2. The construction referred to in Paragraph 1 hereof
shall substantially comply with the plans submitted to Lessor, a
copy of which is attached hereto and incorporated herein as Exhibit
"B". Provided, however, that the CITY OF WINTER SPRINGS, FLORIDA
and/or the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION may make
such future modifications to the temporary realignment as may be
deemed necessary for the safe and efficient function of the
2
.
.
.
facility.
3.
The Lessor shall retain the option of requiring
Lessee to purchase the leased premises, but in no event shall this
option be exercised sooner than one (1) year from the date on which
this lease is granted. The CITY OF WINTER SPRINGS, FLORIDA shall,
at the option of the Lessor, be required to purchase by way of
statutory condemnation proceedings the land described in Exhibit
"A" as the leased premises. Lessor shall exercise its option to
require such purchase of the leased premises by providing written
notification to the CITY OF WINTER SPRINGS, FLORIDA. SPRINGS LAND
INVESTMENTS, INC. hereby agrees that requiring the purchase by way
of statutory condemnation proceedings of the leased premises is its
exclusive remedy at law under this Lease.
SPRINGS LAND
INVESTMENTS, INC. hereby waives any and all legal or equitable
rights it may have to cause the eviction of Lessee from the leased
premises or the removal of the temporary alignment prior to the
opening for public travel of the final realignment of SR 434. If
the CITY OF WINTER SPRINGS, FLORIDA does not purchase the leased
premises from Lessor within ninety (90) days of its receipt of
Lessor's written notice requiring such purchase pursuant to this
paragraph, Lessor's exclusive remedy shall be a suit in inverse
I
condemnation against the CITY OF WINTER SPRINGS, FLORIDA.
4. Lessor's access from the temporary alignment, once
constructed, to the remainder of its lands shall be governed by
Rules 14-96 and 14-97, Florida Administrative Code.
5. Lessee hereby indemnifies and agrees to hold
3
.
.
.
harmless Lessor from any and all claims whatsoever resulting from
the construction on or use of the leased premises for a temporary
roadway or related temporary roadway improvements.
6. Lessor and Lessee understand that a portion of the
lands leased herein are under threat of condemnation by the state
of Florida as mentioned above. In the event that the lands leased
herein, or any portion thereof, shall be taken by the power of
eminent domain, or sold in lieu thereof, Lessee shall not be
entitled to any part of the award for said taking or the proceeds
of any sale(s) in lieu thereof; nor shall Lessee be entitled to any
compensation paid for damages caused by any partial taking, or sale
in lieu thereof, to any portion(s) of the premises leased herein
remaining not taken or the cost of curing said damages.
7. Lessee shall maintain and keep the leased lands,
together with the roadway improvements thereon, in good repair free
from refuse and rubbish.
8. That upon the completion and opening of the final
realignment of SR 434 at Wagner's Curve Lessee shall return the
lands leased to the condition they were in prior to the lease,
unless permitted in writing by Lessor to do otherwise.
9. Lessee shall duly obey and comply with all public
laws, ordinances, rules or regulations relating to the use of the
leased lands.
10. Lessee shall pay all governmental taxes, assessments
and charges which shall be assessed and levied upon the leased
lands or any portion thereof during the set term as they shall
4
.
.
.
become due.
11. Lessee has been advised by Lessor that Lessor
reserves the right to sell the leased lands subject to the lease.
Lessee agrees to cooperate fully with Lessor in any such sale of
the property.
12. The foregoing constitutes the entire agreement of
the parties.
Any additions and/or changes hereto must be in
writing signed by both parties.
13. This Lease shall be governed by the Laws of the
state of Florida.
In the event that any provision or clause of
this Lease conflicts with applicable Florida law, such conflict
shall not effect the other provisions of this Lease which will be
given full effect without the conflicting provision.
IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants
and agreements herein contained shall enure to the benefit of and
be equally binding upon the respective executors, administrators,
heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease on the day and year first above written.
Signed, sealed and delivered
in the presence of:
~k>
-
Lessee
This document prepared by: Brigham, Moore, Gaylord, Wilson, Ulmer,
Schuster & Sachs, 111 N. Orange Ave., suite 1575, Orlando, FL 32801
(407) 423-2251
5
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.
.
LEGAL DESCRIPTION AND SKETCH
(NOT A BOUNDARY SURVEY)
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LEGAL DESCRIJ>TION
ALL THAT TRACf OR PARCEL OF LAND l.YlNG IN SEMINOLE COUNTY rLORIDA
AND BEING A PORTION OF LOT 18 OF DLOCK DOl' D.It. MITCHELL'S SURVEY OF
TIm LEVY GRANT ACCORDING TO THE PLAT TIlEREOF AS RECORDED IN I'LAT
DooK I, PAGE 5, SEMINOLE COUNTY, RECORDS, AND BEING MORE
PARTICULARLY DESCRIllED AS I'OLLOWS:
COMMENCING ATTHE POINT OF CURVATURE ON TilE DASELlNE OF SURVEY AT
STATION 5S7+ 14. 10 ACCORDING TO I'LORIDA DE"ARTMENTOFTRANSPORTATION
MAINTENANCE MAP, STATE ROAD 4)4, SECTION 7'1070; THENCE S8)'~O'2)"W
ALONG SAID DASE LINE OF SURVEY A DISTANCE OF 146.91 FEET; THENCE
DEPARTING SAID BASE LINE S06'09')7'E A DISTANCE OF 25.00 FECI TO A POINT
ON TIm SOUTHERLY MAINTENANCE RIGHT-Ol'-WAY LINE; THENCE S06'06'O)'E
A DISTANCE OF 42.07 FEET TO TIiE PROPOSED SOUTIiERLY RIGHT-OF,WA Y AND
TIiE POINT OF BEGINNING; TIIENCE CONTINUE S06.06'O)'E A DISTANCE OF 26.32
FEET TO A POINT ON TIlE TEMPORARY CONSTRUCfION EASEMENT LINE AND A
POINT ON A CURVE; TIIENCE ALONG SAID EASEMENT LINE AND ALONG A
CURVE BEING CONCAVE TO TilE SOUTIl, IIAVING ^ TANGENT U1~RING 01'
N77'22')9'W, A CENTRAL ANGl.E 01' 10.04'~I)", AND RADIUS OF 4)9.19 FEET; AN
ARC LENGTH OF 77.29 FEET; TIIENCE N06'Q6'O)"W DEI'AIlTING THE SAIO
EASEMENT LINE A DISTANCE OF 2~.27 FEET TO A "OINT ON TilE l'Il0l'OSED
SOUTHERLY RIGHT-OF-WA Y LINE AND A POINT ON A CURVE; THENCE ALONG
SAID RIGHT-OF-WAY LINE ALONG A CURVE IlEING CONCAVE TO TilE SOUTII,
HA VING A TANGENT IlEARING OF S87"~5'4~"E, A CENTRAL ANGLE OF 09')0')"2',
AND A RADIUS OF 464.19 FEET; AN ARC I.ENGTII 01' 77.04 FEET TO THE POINT OF
BEGINNING,
PARCEL CONTAINING 1.929 SQUARE I'EET, 0.04 ACRE
BEARINGS BASED ON'TIiE B
STATION 498+4848 . ASELlNE OF SURVEY OF STATE ROAD No. 434 FROM
FLORIDA DErARTM;[~ S6~T+~ 551+ 14.10 BEING N83'SO'23"E ACCORDING TO
ROAD No. 434 SECTIO'N 11070 NSPORTATION MAINTENANCE MAr OF STATE
, AND ARE ASSUMED.
25' TEMPORARY
CONSTRUCTION EASEMENT
STATE ROAD 434 (WA~~.ERS .CURVE)
DRAWN BY: Iv/E.. PROJECT HVJ/?"-a5/
LAND SURVEYING
DTVlSION ot
r..( SVNV\:'OIl .,AS Nor A8STRACTtO CEnT
A'.C/OII II'C.,TS Of "A' Of II(COIIO TH( LA"'DS SHOWN .,(R(ON fOil (AS(I.c(Nrs IFlCATION:. .
$v8SvIU AC( A"'O/OR ACRIAl CNCRO.o.CH..tNIS If , R( I HEREDY CEP.TIFY THAT THI;; LeGAL DI!:.C:lIPTION ^ND SKFTCIlIS
r~(Il( ARC "0 (I<CROAC""(N rs CXC(P T AS SHOWN AN . A Nor lOCA Ito. CORRECf TO THE BEST 0\' MY KHOWLEDCF M~I) DEllEr IFU'IlTIlER
CERTIFY THAT TIllS SURVEY M~':TS THE M!I\.MU'; TI;CIlNIC^1
ST MIDARDS ^S SE"i I'ORTI: OJ' Till: !'LORln.., /!\1^RD Of L^NI)
SURVEYORS PURSUANT TO ADM1NISTI\.\T!\'" ('ODE RULE 21111H
AND SOCT-'~7 "C~~"
~- --::I /-30-92-
II. i'AUL llcVlVEnO.P:'L.s:-----.--
DA TE: l-Zf1) I'ROFE.S~:;)N.\L LNfI'l St:RVEYOJ;; 149;0
. !101m E. Wc/tJ k Assxitd;D (j~~;rr~.~~~!~~\~
))19 MAQUIRE BOULE J &1/1 .
VARD. SUITE 100 ORLANDO, FLORIDA 3280,) PHONE 407-898.9:122 fAX 407-894-0169
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LEGAL DESCRIPTION
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LEGAl. DESCIUI"T10N \ \
ALL TIIAT TRACT OR I'ARCEL OF LAND LYING IN SEMINOLE COUNTY r-LORI~
L6'~~
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L.. ~ D ec..... LbJ<.::1r...J.
'P.c...:::"R::JIor O~ Cl..leVLr'f'L.I~
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COMMENCING AT THE POINT OF CURVATURE ON THE BASELINE or- SURVEY AT
STATION ~~7 + 14.10 ACCORDING TO FLORIDA DEI' ARTM cNT OF TRANSPORTATION
MAINTENANCE MAl', STATE ROAD 434, SECTION 77070; THENCE S83'50'23"W
ALONG SAID I.IASE LINE OF SURVEY A DISTANCE OF 146.91 FEET; THENCE
DEPARTING SAID BASE LINE S06'09'n'E A DISTANCE OF 25.00 FEl!T TO A POINT
ON TilE SOUTHERLY MAINTENANCE RIGHT.OF.WA Y LINE; THENCE S06006'03'c
A DISTANCE OF 42,07 FEET TO A POINT ON A CURVE ON nm I'ROI'OSED RIGHT.
Or-,WA Y LINE, AND THE POINT OF BEGINNING; THENCE ALONG SAil) RIGHT.OF.
WAY LINE ALONG A CURVE UEING CONCAVE TO TilE SOUTHWEST, IIAVING A
TANGENT UEARING OF S78025'lrE, A CENTRAL ANGLE OF 27'50'46'. AND A
RADIUS OF 464.19 FEET; AN ARC LENGTH OF 225.60 FEET TO A POINT OF A NON.
TANGENT COMPOUND CURVE; THENCE CONTINUE ALONG THE SAID RIGHT.Or-.
WAY IN A SOUTH EASTERLY D1REc:nON ALONG A CURVE BEING CONCAVE TO
TilE SOUTHWEST, HAVING A TANGENT DEARING OF S46'24'47"E, A CENTRAL
^NGLE OF U005'22", AND A RADIUS OF 1209.52 FEET;' AN ARC LENGTH or- 318.54
FEET TO A POINT ON TIlE EXISTING SOUTHWESTERLY MAINTENANCIl RIGHT-OF-
WA Y LINE: THENCE S2)02I'38"E ALONG SAID RIGHT-OF.WA Y LINE A DISTANCE
OF 390,31 r-E~"; THENCE S66'3s'n"w DEPARTING SAID MAINTANCE RlGHT-OF-
WA Y LINE AND ALONG THE TEMPORARY CONSTRUCTION EASEMENT LINE A
Ol5TANCE OF 25.00 FEET; THENCE N23'21'38"W ALONG SAID EASEMENT LINE A
DI5T ANCE OF 388,56 FEET TO A POINT OF NON-TANGENT CURVEA TURE; THENCE
ALONG THE CURVE DEING CONCAVE TO THE SOUTHWEST, HAVING A TANGENT
ilEA RING OF N)I024'26'W, A CENTRAL ANGLE OF 14'57'410, AND A RADIUS or-
IIRU2 FEET; AN ARC LENGTH OF 309,)1 r-EET TO A POINT or- A NON.TANGENT
COMPOUND CJ.LB.YE; THENCE CONTINUE ALONG THE SAID EASEMENT LINE. IN A
NORTHWESTERLY DIRECTION ALONG A CURVE DEING CONCAVE TO THE
SOUTHWEST, HAVING A TANGENT DEARING OF N46022'07"W, A CENTRAL ANGLE
OF 40'20'52", AND A RADIUS OF 4)9.19 FEET: AN ARC LENGTH OF 309.28 FEET;
THENCE N06006'03"W DEPARTING THE SAID EASEMENT LINE A DISTANCE OF
26.32 FEET TO THE POINT OF BEGINNING,
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PARCEL CONTAINING 22,961 SQUARE FEET, 0.52 ACRE
1.~EAR1NGS DASED ON mE DASELINE OF SURVEY OF STATE ROAD No. 4J4 FROM
.'i,fATION 498+48.48 TO STATION 557+14.10 DEING N8Jo50'23"E.ACCORDING TO
l-J.ORlDA DEPARTMENT OF TRANSPORTATION MAI",rENANCE MAP OF STATE
ROAD No. 4)4 SECTION 77070, AND ARE ASSUMED. .
\
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"".!vll Il1Co11S or ....y or R(COIIO . I E
~V!I~v'H AC( ...NO/OII ...(/ll"'l (NCROACH r r H 'REBY CE.RTIFY THAT l'HIS t.flJ".L D~C:RII'TION AND SKETCH IS
'fll( AR(..O (NCRO"'C""(NIS (XC(PI":~ ;~~_ANY. AIl( Nor lOCAT(O CORRECT TO THe DE..IT OF MY X-'lOWl.Ef'lGE.:"NDOELlEF,1 FURTlIEII
CERTIFY THAT THIS WR'/E)' M~m 'j:1!: /V!INIMUM nCIlNICAI.
ST ANDARDS ^S SET rO!<.TH BY 'rH!: FLCilll)^ DO^RD OF l.AND
SURVEYORS PURSUA:-rr TO ADMINIS,:V,TIVE ::ODE RULE 211111.(,
AND SECTION 72 Or- .r:. FLOIlJCI.... s JES.
/-,3()...9z
!i, PAlJL dl'V:VC; ~, (',LS. '-'-
DA TE: l...tdJ-~ :'ROr:I~~SIONAL LAND .:;ur.VcY,JR 14990
VALID CNlY WITH E:~IlOS~~D SEAL
Joint E. Webb k Asmnfes, liic.------
3319 MAQUIRE BOULEVARD, SUITE 100 OR' 'NOO, FLOnlDA J28 J
'-', 1\ 0 PHONE 407-B98.9J22 rAX 407-094-0169
25' TEMPORARY
CONSTRUCTION EASEMENT
STATE ROAD 434 (W AGJ:-JER'S. CURVE)
DRAWN BY:~E.. PROJECT # Wr'l.-ol
L\Nl) SURVEYING
DIVISION ot
LEGAL DESCRIPTION AND SKETCH
(NOT A ,,,222J!.,~12bRY SURVEY)
p. G. t'1I.6. 5'57 ~ 14.10
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~cx..' cp)''5J''vJ STATION 498+4848 TO . DASELlNE Or- SURVEYOr- STATE IWAD No. 4)4 r-ROM
25.00' r-LORlDA DEPARTMENT~~~~~N 5.57+14.10 DEING N8J050'2J-E ACCORDING TO
ROAD No. 434 SECTION 77070 ANSPORTATJON MAINTENANCE MAP OF STATE
, AND ARE ASSUMED.
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ALL THAT TRACT OR PARCEL OF LAND LYING IN SEMINOLE COUNTY FI.OIIIIM
AND BEING A PORTION OF LOT IS AND LOT 19 OF DLOCK 0 OF D.R. MITCHEI.I:S
SURVEY OF THE LEVY GRANT ACCORDING TO THI! PLATTIIEREOF AS RECOIWEI)
IN "LAT DOOK I, PAGE S. SEMINOLE COUNTY, FLORIDA RECORDS, AND III:1N(j
MORE I'ARTICULARL Y DESCRmED AS FOLLOWS:
i
~
COMMENCING AT TilE "OINT 01' CURVATURE ON THE !lASEUNE OF SURVEY AT
STATION S57+ 14.10 ACCORDING TO TilE FLORIDA DEI'ARTMENT 01'
TRANSI'ORTAT10N MAINTENANCE MAl'. STATE ROAD 434, SECTION 77070;
THENCE S83"~O'23"W ALONG SAID !lASE LINE OF SURVEY A DISTANCE OF 221.88
I'El~T; THENCE DEPARTING TilE SAID DASE LINE S06"06'03"E A DISTANCE OF 49.78
FEET TO A "OINT ON THE J'ROI'()SED SOUTHERL Y RIGIlT.OF.W A Y LINE, OF STATE
ROAD 434 AND THE POINT OF !lEGINNING; TIIENCE CONTINUE S06006'03"E
DEI'ARTING TilE SAID PROI'OSED IUGIlT.OF.WA Y LINE A DISTANCE OF 2S.27 FEET
TO A POINT ON TilE TEMPORAltY CONSTRUCTION EASEMENT I.INE AND A POINT
ON A CURVE; TIlENCE ALONG SAID EASEMENT LINE ALONG A CURVE BEING
CONCA VE TO TilE SOUTII, IlA VING A TANGENT !lEAIUNG OF NIl7"27')S"W, A
CENTRAL ANGLE OF 0)"34'4)" AND A RADIUS OF 439.19 FEET, AN ARC LENGTII
OF 27.43 FEET TO TilE POINT 01' TANGENCY; TIIENCE CONTINUE ALONG SAID
EASEMENT I.INE S811"n'40"W A DISTANCE OF 243.69 FEET; TIlENCE CONTINUE
ALONG SAID EASEMENT I.INE S83"~O'23"W A l)(STANC1, 01' 222.19 FEET; TIIENCE
CONTINUE ALONG SAID EASEMENT LINE N06009')7"W A DISTANCE OF 2S.00 FEET
TO A PO/NT ON TilE I,XISTING SOUTIIERL Y MAINTENANCE RIGIlT.OF.WA Y LINE
OF STATE ROAD 4)4; THENCE N1l30S0'23"EAI.ONG SA/I) MAINTENANCE RICln.OF.
WA Y LINE A DISTANCE OF 22LII FEET TO A l'OINT ON THE "ROPOSED
SOUTIIERLY RIGIIT.OF.WAY LINE; THENCE Nllll057'40"E ALONG SAil) 1'ltOl'OSED
SOUTHERLY RIGHT.OF.WAY A DISTANCE OF 244.111 FEET TO A POINT OF
CURVATURE, TIIENCE ALONG SAID CURVE, IIE/NG CONCAVE TO TilE SOUTIl,
HA VING A CENTRAL ANGLE OF 0)"06')6", AND A RADIUS OF 464.19 fEH, AN ARC
LENGTH OF 25.20 FEET TO TIlE POINT 01' BEGINNING.
PARCEL CONTAINING 11.992 SQUARE rEEl". 0.27 ACRE
LEl:lbJO
6'" ~i?i><..- b.Y::ttL
e:: ~Js
'-::: fteL, l.6Jl:p' J
P.c...:: tt>\t-}f 01=- CJevlrrJ!E,.
r..( ~\JR\I{TOR "AS Nor AOSI1lACrcO CEI'TJI' C .
.....::./011 RIC...IS or "AT or R(COIIO TH( LANOS SHO_ H(II(ON rOil (...S[Io4(t<rS \ 'I AliGN:.
~~I;~II::i(..~N~/O/I A(RIAl (NCIlO"cH"(Nrs. .r ANT. AII( NOT lOCArcO ~~;~~~~TIFY mA; m:s ~EG,..l. DF_KIl.:r'nON AND SKE'rCIIIS
NCIlOACH..(" IS [xC(P r AS SHO_ HE D,EST OF M_Y )(N0\l'I,r:.OC;; 1..'-lD OELIEf, IFUllTlIER
CERTIFY mAT llilS SURV~Y M'F.m TilE I.liNIi-1UM TECHNICAl
25' STANDARDS AS SF; FORTH BY THE FL'):lID". Ilf)ARD '01' LAND
TEMPORARY SURVEYORS PUPSUA/'rT 1'0 ADMINISTRATiY'O CO~::' RUI.E ~IIIH.6
s;~~~~~~~;1~~A~~~:sM~~:E) ANO'ECT.O '" EFLOR'~-=?"/_30_9Z
ORA WN BY, uE. PRO E W'" . H, PA,TL l!cVlVE!IJ.I, P,L S
. '''I J CT # 1'l..-~1 OA TE: '-Z~-o/Z PROFESSiONAL LAND SlJl~'/EY()R ;.990
LAND SURVEYrnG VALID ONLY -~~_~!:i_~ \EAL
DTVlSION ot ffolut IJ. WdiJ k Assodnles, J;~ .
3JI9 MAOUIRE aOUU:VARD, SUITE 100 ORLANDO, FLORIDA J2BO~ PHONE
oJ 407-B9B.9J22 fAX 407-B94-01G9
.
.
.
--,
CITY OF WlfiTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327-1800
CITY MANAGER
RICHARD ROZANSKY
March 6, 1992
To:
Commission/
From:
City Manager
Re:
Lease For Temporary Realignment of Wagner's Curve
(Springs Land Investments, LTD.)
We believe we have successfully completed our negotiations
with Springs Land Investments, LTD. and the Department of Trans-
portation. We have in our possession an acceptable lease for the
property on which we intend to construct the temporary curve. For
your information I am enclosing copies as noted:
1. Letter to Atty. Torn Lang from Mr. Allan Keen,
dated March 3, 1992
2. Lease - 25' Temporary Easement
3. Lease - Required Rights of Way State Road 434
(Wagner's Curve)
Attorney Lang or Kruppenbacher will brief the Commission
on this matter. Mr. Allan Keen has been most cooperative and
helpful to us in resolving this matter with the Department of
Transportation. With your approval we are ready to begin con-
struction of this project.
/nav
attachment(s)
..
.
March 2, 1992
TO:
City Manager
coordinator~
FROM:
Land Development
RE: Agenda Item, Highland Lakes Final Engineering
The above referenced is for the approval/disapproval of the proposed
project. Attached are the Staff Review Minutes of January 7, 1992,
individual Staff comments and the basic lot layout.
.
If the final engineering is approved, please include the two (2)
caveats found at the end of the Staff Review Minutes as part of the
approval.
/fg
attached.
cc: Mayor
Commission
City Attorney
City Clerk
.
.
January 8, 1992
FROM:
Land Development
coordinator~
TO:
City Manager
RE: Staff Review, Highland Lakes Final Engineering
The above referenced was held on January 7, 1992. D. Allen and
B. Frank represented the project. Staff members present were Archer,
Artman, Govoruhk, Koch, Kozlov, Lallathin, LeBlanc and Lockcuff.
K. Degrenia of the Highlands Homeowners Association was also in
attendance.
Three items must be submitted prior to being presented to the
Commission for approval/disapproval. These are:
1) Lighting Plan
2) Preliminary Plat
3) Covenants/Deed Restrictions
.
Dead End signs and D.O.T.-type barricades must be installed on both
sides of Shepard Road.
Sidewalks will be installed on both sides of all streets, including
Shepard Road.
An Arbor Permit is required before any work commences. Signage was
also discussed.
Please refer to the attached Staff comments.
There are two caveats that have to be included when, and if, this project
is approved. These are:
1) There is to be no construction until such time as the
gas pipeline is satisfactorily relocated; and
2) Any damage done to McGregor Road, or any other road, due
to construction traffic, is the responsibility of the
developer. The developer should contact the City
Engineer prior to commencing construction to check
the status of the roadway(s).
.
attach.
/fg
cc: Staff
.
WINTER SPRINGS WATER & SEWER
1 NORTH FAIRFAX AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1641
January 7, 1992
TO: Don LeBlanc
Land Development Coordinator
FROM: Kipton Lockcuff /~~
Utility Director I'
RE: Highland Lakes Final Engineering
The Water and Sewer Department is satisfied that all requests
have been met and has no objection to final engineering approval.
.
Florida Land Company signed
Harmless Agreement" regarding
litigation as drafted by Atty.
the
the
Lang.
"Acknowledgement and
water and sewer capacity
Hold
ln
DER Water and Sewer Permits have been signed and forwarded to DER
for approval.
It should be noted
receive approval to
irrigation.
that this subdivision will be the first to
install effluent reuse lines for residential
.
.
PROM I
Don LeBlanc
O. E. ^t'tm_t'ld~
TO:
DATE:
Januat"y 7, 1992
SUBJ:
Highland Lakes Pinal Engineet"ing
The developet" was pt"ovided a lettet" outlining the cost of tt"affic
t"egulatot"y and stt"eet signs.
The othet" at"ea of concet"n is an At"bot" Inspection pt"iot" to any
cleat" i ng .
.
.
.
.
.
TO:
DON LEBLANC, LAND DEVELOPMENT COORDINATOR
FROM:
JOHN GOVORUHK, CHIEF OF POLICE
DATE:
JANUARY 3,1992
SUBJ:
SITE PLAN FOR HIGHLAND LAKE$
NO STREET NAMES:
All street name sign{s)/and speed limit signs
to be installed by Public Works{with street
address).
Dead End Road or no outlet sign and D.O.T. Barricade type
to be installed, both ends of Shepard Road.
Sidewalks-As shown on page 6 of 13 DETAILS
location WHERE to be installed.
but cannot find
, ./ ~
~I' /1 ./.
." /
/ ~~/" Ar->. rr~~/1 ~
.... ~ c..-"'" :V~
/./ Jo . / Govoruhk
Chief of Police
/
JG;cb
FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS. FLORIDA 32708
TELEPHONE (407) 327-2332
FIRE AND
RESCUE
SERVICES
January 3, 1992
MEMO
TO: Land Planning Coordinator // j Ad>>
FROM: Fire Marshal/Fire Chie;:>jtT' ~
REF: Hydrant placement for Highland Lakes
TEXT: All fire hydrants located within this section meet the proper distance
requirements between hydrants and individual residential units.
There are no problems with this unit pertaining to the fi re department.
.
.
.
.
.
. .
MEMO:
1/2/92
TO:
FROM: BUILDING OFFICIAL
RE: HIGHLAND LAKES - FINAL ENGINEERING
At the July 31. 1990 meeting. this Department requested a Street
Lighting Plan. On November 1. 1990 and on August 9. 1991. we again
requested this plan or at least reminded the Developer of the need
for this plan.
In their letter of August 23. 1990. Commonwealth Engineering Assoc.
in Item #10 stated the plan would be furnished with final engineering
drawings.
We are at that stage now and this Department still is awaiting the
Street Lighting Plan. I believe this is also the appropriate time to
have the entry or development signs approved by the Staff Review Board
and I do not find any plans for signs.
.
.
.
, .". -...
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
December 30, 1991
Mr. David E. Allen, P.E.
Commonwealth Engineering Assoc.,
2180 West S~a~e Road 434
Sui~e 3100
Longwood, FL 32779-5010
"'('-&.-~\\\
'\ ~ u
Inc.
RE: Final Engineering Review - Highland Lakes
Dear Mr. A 11 en :
Your revised final engineering and stormwater calculations, for the
subject project, received on December 10th and'27th, 1991, were found to be
satisfactory.
Upon carpletion of the project, you will have to subnit a "Le~ter of
Certification", three (3) sets of "as-built" engineering and three hundred
dollars ($300.00) for an "as-built" inspection fee.
If you have any ques~ions, please contact this office.
1m
cc: City Manager
Land Development Coordinator
Building Department
utility Director
Ronald D. Campbell, Florida Land Co.
Gerald L. Chancellor, Chancellor & Assoc.