The URL can be used to link to this page

Home My WebLink About2001 01 08 Regular I Location of Restaurant COMMISSION AGENDA ITEM I Consent Information Public Hearin Re ular xx January 8, 2001 Meeting MGR. ft-/ /Dept. REQUEST: Commissioner Martinez requesting the Commission to discuss issues related to the location of a restaurant at the intersection of Winter Springs Boulevard and Northern Way in the Tuscawilla PUD. PURPOSE: The purpose of this agenda item, at the request of Commissioner Martinez, is for the Commission to discuss certain issues related to the location of a restaurant to be located at the intersection of Winter Springs Boulevard and Northern Way. APPLICABLE LAW: Settlement Agreement between the City and Winter Springs Development Joint Venture CONSIDERA TION: I) On December 19, 2000, the Development Review Committee convened to discuss the proposed project and to give guidance to the applicant the steps necessary to accomplish the task. 2) There is opposition to the restaurant as voiced at the December 19, 2000 Development Review Committee meeting. FINDINGS: 1) Request submitted to convert the existing sales center located at the intersection of Winter Springs Boulevard and Northern Way. 2) The property is zoned Planned Unit Development with an assigned land use of commercial. 3) The property is also governed by the court-ordered Tuscawilla Settlement Agreement (dated 1990) and a restaurant is an authorized use. January 8, 2001 REGULAR AGENDA ITEM I Page 2 4) A site plan was not required as the site will not be altered from its present state. The building will be remodeled to meet Code requirements. FUNDING: Not applicable RECOMMENDATION: It is recommended that the Commission discuss issues of concern to Commissioner Martinez and give Staff any direction it deems appropriate. ATTACHMENTS: A - Settlement Agreement B - Applicant Request dated December II, 2000 C - Development Review Committee Meeting Minutes dated December 19, 2000 D - Carrington Memo to City Attorney dated December 20,2000 COMMISSION ACTION: ATTACHMENT A .' . " I\\~ , d? 0' I '\).. ~. , , '. .,' :b )-- 8 , ~ 3 ~ -f @) ". '. ORDINANCE NO. 489 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA AND THE WINTER SPRINGS DEVELOPMENT JOINT VENTURE; PROVIDING FOR A DEVELOPMENT ORDER; AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING MULTI-FAMILY DWELLING UNIT DENSITY LIMITS PURSUANT TO SECTION 20-354, CODE OF WINTER SPRINGS; PROVIDING FOR A CERTIFIED MAP;. PROVIDING FOR CONFLICTS, SERVABILITY, AND EFFECTIVE DATE. WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 ("Annexation Ordinance"), which Annexation Ordinance annexed certain property comprising what is commonly known as the into ':'0 r.J1 '''-1 .1':- (j") of Tuscawilla Planned Unit Development (the "Tuscawilla PUD"), the Village of North Orlando, Florida; and WHEREAS, the Tuscawilla PUD originally consisted approximately thirty-five hundred acres (3,500) and was approved for development of nine thousand seven hundred forty-seven (9,747) total dwelling units; and WHEREAS, Annexation for Ordinance the provided i,: 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, Tuscawilla PUD was developed in accordance with the approved overall development plan, subject to certain amendments which redesignate the uses of several parcels' within Tuscawilla PUD, all of which amendments were in compliance with the overall Tuscawilla PUD concept to better utilize open space and allocate densities within Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of Tuscawilla PUD was reduced; and 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 1 ;r; the 0~ t:-,) o the --.J r....., f'-> UI ,,' '" "I ""'-J 0 &1 :>< ~, -, -..., -., (.:j t- ,. ", r., -:1: .'., ~..;t <.::> ~'.. '.' -, .r=- ;? ~:; r- cn r.') .""::- r:, , i ~~~ ?:~ ;Sc -~ ,_ ""1,:-. ..n C") :;; n'\j:':: Oc-,Pl C:c -. ~~.~~~ ;<ni'}; -rt~Pl :;ij ...( 1'0.) ....fl ;;0 Pl n C) :;>) r:.J ""1 o ,,' < rn ~ "TJ r~l :::J ~:J :-t: . .' ;, :t '.'! Tuscawilla PUD, which Central Core was integral in the design of the overall road system and infrastructure of the entire Tuscawilla PUD; and '.n . ", WHEREAS, On January 14, 1988, Gu1fstream Housing corp.,J. o r- successor by merger to Winter Springs Development corporation,~ (.') entered into a contract to sell certain real property to D & ~~ , .; 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, which resulted in 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 P"artner, 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 WHEREAS, in an attempt to resolve the issue 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, 2 '-"> r-..) tn '':1 ""'-oJ ~~:~ ""'-oJ -.. n , ")": .., = L.~ .po- ~::;:' C) G> r.n 1" , I ,. '-'. . '::,. .;. 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 (n :2 Tuscawilla PUD and in keeping with the original approvals granted~ ,- 'T' relative thereto; and WHEREAS, Cl !-') <'::1 .., .r-- the property remaining to be developed within the~- 0) 0-, Tuscawilla consists PUD of approximately 367.2 acres (collectively the "Remaining Property") consisting of: approximately 32.2 acres designated as Parcel l4C ("Parcel l4C") , approximately 35.0 acres designated as Parcel 61 ("Parcel 61") , approximately 202.9 acres designated as Parcel 15 ( "Parcel 15") '. approximately 75.4 acres designated as Parcel 80 ("Parcel 80"), and approximately 20.7 acres designated as the Lake Jessup Property ("Lake Jessup Property"), which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached to the Agreement and expressly incorporated herein by this reference; and WHEREAS, pursuant to the Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, the Agreement is in the best interest of The City and promotes 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, The City has determined that it is in the best J '" "J ~ ~ OJ c.:, Or, ~'F~ ,. ,.. :-,. ", ., -cE{ ~_ ';.J r.) '" '( : .: :( interest of The City and its citizens to settle the Petition by adoption of this Agreement; and WHEREAS, The City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth within the Agreement. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I: <n ITI :!: s: <:) .- Florida~ ~., I "f The Agreement between the City of Winter Springs, and Winter Springs Development Joint Venture, a Florida joint;:'2 venture, attached hereto marked as Attachment "1", is hereby accepted and adopted by the City of Winter Springs, Florida, and made part of this Ordinance as if fully set forth herein. SECTION II: The Agreement shall constitute a development order pursuant to Chapter 163, Florida Statutes (1989), as amended, and shall govern the City and the developer accordingly. SECTION III: Annexation Ordinance No. 64 is hereby amended pursuant to the terms of the attached Agreement, and any and all approval, master plans, submissions and other similar matters affecting the remaining property of the Tuscawilla PUD are hereby automatically amended to conform to and reflect the provisions of the Agreement. SECTION IV: Pursuant to Section 20-354(b)(4), Code of Winter Springs, the maximum allowed number of dwelling units per gross residential acre for mUlti-family dwelling units within the Tuscawilla PUD is hereby waived to the extent permitted under the Agreement, upon recommendations from the Planning and Zoning Board. SECTION V: Attached to the Agreement as Exhibit "B" is a proposed land use plan of the remaining undeveloped property of Tuscawilla PUD. Exhibit "B" of the Agreement is hereby adopted, approved, and certified as the land use plan of the remaining undeveloped t1 "-> f'oo..) -., -., tl) o f;1 ~~ ~! ;':'" ".. ':: ..' <=> .r:- 0') -.., :~: :,'. -0':'" ~; (I~ Jf~ ., .... ;r Z :x: 00 UO <>:: M W-<>...-t :x: UNW ~~~ Z;J::::>...-t W:X:VlO o..U ex> P-4 V) .. N :::> .M ~.,;~< W<O ~..J H ~..JW<>:: HUO k.~~~ :>- Z~ 0 . W 0 ;2uzS OH < ~~~;2 <::r:MO :>- co Q 1.<1 ~ 0.. W <>:: 0.. Vl < ;J: I-< Z ~ 5 <>:: I-< Vl Z H Vl H :x: I-< .' properties in the Tuscawilla PUD. SECTION VI: All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. . SECTION VII: If any section, or a portion of a section, or subsection of this ordinance be invalid, to proves unlawful unconstitutional, it shall not be held to invalidate or to impair en "1 the validity, force or effect of any other section or portion ofs r-i r' '~I n p a section or subsection or part of this ordinance. SECTION VIII: This ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this ~ .3 4.J. day of rr"'7 1990. ..' ATTEST: "f CITY OF WINTER "-In . . . ,"~ . . 1'" ',C c.l...Iuu LEANNE M. ~;:~ CITY LERK .t i ,..', ~'. ") :.~ '. .,.... " C)' ...... . ~"" "', ~ ,':.::."-:': ,. .' ~ . ................'\ \; 51" \~\i\\ First Reading: May 14, 1990 Second First Reading June 11, 1990 Pos ted: May 18, 1990 Third Public Hearing and -SeeenG Reading: June 25, 1990 5 or = 2 or-- en = . , 1---.> r---.> ""'l ""'l 0) c> ~;:~. n ,. . . ~:~~ !:,'! ::,j ~13; (';, .., llC\ ' ::} ~'D / ;J '\.9 '\ c r-- L~ 0 L- N c: L-: ...~- '- '-'- .- c."1 l.J; 0 \'-1 l;l C.l ~ \-.:: C) ~ <..J \,J I;' c::. ~ ~ . ::l _1 ~IOLL.. ~U~ ... t-- ~ t- __ .:::35 ,.uo :.=x(...} .:.:Ut....1 . ::.,,-_J '-.' 0 :..... \:) -... .- - :;~ ~ ~-: - L..:I..J ._lIn I..) I - 7 . I I (! !. C 0 '..J "t tj ~: S~"'~i!{CLE ce. rL.. SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TOSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER .PLAN FOR THE TOSCAWILLA 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 or 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 r-- 1'-- wtiEREAS, subsequent to the Annexation Ordinance, the Tuscawilla PUD was developed in accordance with the approved overall development. pl~n, subjec~ to certain amendments which redesignated uses of several parcels within the Tuscawilla PUD, all or 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 U''') Co') WHEREAS, pursuant to such amendments, the overall density of the Tuscawilla PUD was reduced; and WHEREAS, the develooers of the Tuscawilla PUD have asserted that the Tuscawilla PUD ~as 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 1 /e/DAR 6786062.n..MD 06/22/90.3 2277 n /, (- .... " _ .J! -, l} the overall road system and infrastructure of the entire Tuscawilla PUD; and 5~.1.:}lC!...: CG. FL. 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 Ci rcui t in and 'for Seminole County, Flor ida (the "Court"), Case No. 89-3589-CA-17-L, Winter Sorings Development Joint Venture, a Florida joint venture, throuah its Genera-l Partner, Gu1fstream Housinq Corp., successor by merger to Winter Sorings Development Corporation, 'Petitioner v. City of Winter Springs, a Florida municipal corporation, Respondent (the "Petition"); and 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 2 /C/DAR 6786062A.MD 06/22/90.3 2 2 i l '"'1 I. 7 I L~ 't 1 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 . .sE~~;?-\:::L[ ca. FL. 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 ("parcel 15"), 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" attacheq 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 o'f the the City and its citizens to settle the Petition by adoption of this Agreement; and 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 POD and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. 3 le/DAR 6786062AMD 06/22/90.3 ,. -'---?'"'1 .f . -.......... 2. The Remaining Property shall be developed in the following manner: n I 7 ,. L! ,.... '..; ~ /l 5E.t..;i}ii...t:: ce. FL. .... 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 "All 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; provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. 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 request 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 Codes. 4 /e/DAB 6786062AMD 06/22/90.3 ~? 1 L L I !. 7 ~ v ~ ::.! 5. The land use designations set forth herein are inclusive of less intensive uses under the City Codes for develoDment of the Remaining Prop~rty, subject to the regulations of applicable governmental agenc1es. S::~;:iCL~ CG. fL. 6. Within the land use classifications set forth herein such classifications shall be inclusive of all permitted uses' within such land use under the City Codes and ordinances in effect as of the date hereof; provided, however, commercial shall include those uses set forth on Exhibit "B" attached hereto and expressly incorporated herein. 7. Attached hereto as Exhibit "c" and expressly incorporated herein by this reference is a depiction of the Remaining Property and the land uses associated therewith. Attached hereto as Exhibit "D" and expressly incorporated herein by this reference is a depiction of Parcel 15 and the land uses associated therewith. Exhibits "c" and "D" 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; provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. The parties agree that Exhibits "c" and "D" 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 Codes. 8. WSDJV agrees to dedicate a one and one-half (1.5) usable acre site for a fire station located adjacent to State Road 434 in the residential section of Parcel 15, at the location depicted on Exhibi t "C". 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 5 /e/DAB 6786062AMD 06/22/90.3 1. c.JG!, ?,:~~ 227 7 n t. /- I, ;,) 4f "": ....-"',.) .--, ... -....." -, as depicted on Exhibits "C" and "D"; however;.i'~'~la.;)'~fcess 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 ordinanc~, approval or similar matter regarding the Tuscawilla PUD, th~s Agreement shall control and govern the r~g~ts and obligations of the parties hereto and such approval or s~m~lar 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 applicable City Codes at the time of site plan approval. ~ 14. In order to develop the Remaining Property, WSDJV shall be required to comply with the applicable City Codes, 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, final development plan or plat approval and preliminary and final engineering approval, as provided by the aroredescribed City Codes 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, at any time, adopt a special tax district encompassing that portion of the Remaining Property and other property located adjacent to State Road 434 from the eastern boundary line of the City to State Road 419, for improvements and beautification of State R0ad 434. 16. WSDJV'agrees to grant and convey a ten foot (10') easement to the City over and across the southern boundary of Parcel l4C and continuing along the southern boundary of the adjacent real property owned by WSDJV in the City of Oviedo, Florida, to State Road 426, 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 6 /C/OAR 6786062AMO 06/22/90.3 1\ ;; ... ::;: t ,.... -"- ~ 2 - 7 L {/ n.. I. 7 c.. L, "t ....1 '"the Petition and the subject matter thereof. ~i{h~tq. r~his 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. 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 unenfqrceable, 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 7 /e/OAR 6786062AM.D 06/22/90.3 P:.~:: 2 Z 7 7 " 1'\:' I 7 f"' J it t: . may be recorded in the Public Records of Semici6::t.ie~:~.coJntly, 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. ~ ~ /C/DAR 6786062AMD 06/22/90.3 "WSDJV" WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership BY: GULFSTREAM HOUSING CORP., a Delaware corporation, General Partner ....k-- ....:.; W'd?~-1II~:i~ " r . ....... ..... -#f,.' ..'.. J. Glenn M v. ~ ..~..r--I, . . . Pre sid e " ';~\I"'"'''' , Itt ,\\'. (" r",:.c '1'1 ~ ,~ ~ . ,........ \., \ ....... "0 '''.... ......... ..:::., ,,0" ~ E. t.,. ~ "~ ~ \. ,t 4. t".. ", ~ ~. .: f .) ,.' Q" -........; vol '" ;. 'f' .._ .. ~,.,.". .. .... ,':-.. /. 0 '"'" '. - (CORP9~i~ ~~AAh.:'> .~: ~ ;.::.,.., ~/~;:.\;,~'~~.......~... / ..r. . ;ft . '.'. ,7 ~ \\\" ~ # ""11 \\\\\ BY: HOME CAPITAL CORP.';' """:11111' a California corporation, General Partn By: -2' is E. Vogt, Vice President By: ~ef:t~ ." .. / Assistant Secreta~y 8 ..,.;llllf~'" '." . ~ ~ I A 7" "'~ ~. ...... . 10'" <:) .' '. -. .....'~1 ~ . :'. ': ~.' \." """,". .. ,. r ," .. N" .. ;. ( CORPORA"I'l,;;' SoEALJ _ '.":: : ~ ~ " :. ,... 0 ..'~: .... :. 'f" 'I \ " I~ ~ ,,';-.: \. yI' "':. ''1 = \.... ..' ......... ., y .......... . ',' \,...... ".... J J.. ~ .,\,\ . ""'IIII.tll"'\\ Attest: ?n.~~~L Mary T. Norton, City Clerk IC/DAR 6786062AMD 06/22/90.3 2 2 7 7 'THE "CITY" . - - .' ". . . ..', - " - ~. "" . ". - J ,...- f,.'J:' ..., , .., - LJ .; { ( S:::.'-:j~;O:..E CO. ~L. THE CITY OF WINTER SPRINGS FLORIDA, a Florida municipal corporation BY:~~ r:eanne M. Mayor 9 Yh.Jk&LL Grov7" I . ___ _OJ., ? Z 7 7 n b. 7 0 'J. U STATE OF FLORIDA / COUNTY OF O[lfj)&f:; S::.~:;.;CL.:: CO. fl. 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 Qfficial seal in the County and State last aforesaid, this I%' day of ...5cr,7~!r~ " 1990. . - .._ 111..4.f..,/ ( ,~" /,.... ,~.. '! --/ If) t~//~a~tul,' ,'{~' :.'.~; ~.J.!.~~~~{~~ I N :tarY/Plib\iC .; j!:: ~/~ . .j I) ': ,-' My Com:miss' on EXDi res i ::: : 'I' "'. ~ ':': , I -;: :n: I . . : t':)T :oy p" ". '" # I . ;. ~.. U3l:c TATe; Ci'lfl~Il:!).\ AT-lA;,n~ . '. ,... .. .' .', I. y ~OMMIS, .ON ~X'>!RES ~:m;. :ZS. 1,94 '.';;'" .... ,..... '.. S TAT E 0 F F L~1'.I"C~"'''""U >>,HO. Ae'NC,-,<,c '.,-" "i; '::,.: :: -'., COUNTY OF ~ V ..... ....... I . :". .,t' 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 an9?fficial last aforesaid, this L$-day of ","0.'.1..,',.. "'.., '., Nota ry Publ' . . .,..... ~('...... "'-:-, My Commiss' 0 Expi res:,' .\.."'/ -:-r~ ~.... 7:, % o ARY PUBLIC, STATE: ~~LA :? _ ~';,: ~ CO:.1MISSION EXPI~~" :?lOA., '-0.) :":;-= BONDeD "HRU NOTARY PU' ..ri.IlIA I.;~ 993" .' -.J .:: .!J ~RW1fIT'.tIt.1 : ~ .: . ~ "":- ... . '-J .t ' ,::... ....,. .... "'( .. ~;:-' ...." .,.... .. ," ...' '........ ~-: ~...\ "".,\,-", ,', I ~ . ,':, ." ., I t\ ",,". . 10 /C/DAR 6786062AMD 06/22/90.3 2 2 7 7 :'1 I. .,( r. 1''''' ~: .~.. \.. "STATE OF F~RIDA COUNT Y 0 F L.it (J.-,<..O / d 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. S~~;tiUL:: co. FL. WITNESS my hand an~p~ficial s~l ~~ the/County and State last aforesaid, this Lf:/l..day of ~..1...~./\ , 1990. / ....... .,\.,llUIIl"'!III" .~., . '.\ t.. R "~~.. 0"" . ~ .:............ ......... .. ...;:;l '.~.~, . .. (.) ", ," : Notary Public ~ i ~.~ _ ':~ ~ My Commiss' L~j.T~es2ti~~.~ / -.l : ~ ~ NOTA . WS10t~ EXPIRES: t'IA~~~T~ ..~ '::,- _:' ~ MYC I ~UNOTARl'PUBUCUl'4 ~ .,_" ......:> .,',": STATE OF RIDA BONCEC T1' ~. -t' ..... ~ ....:. . ..'~ COUNTY OF J "'" .....~..: ;::'.'..,,:" ":'(11 .. '. ,,\'.' ""ft"~H:t.1 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 ~~~qy T. NORTON, as City Clerk of THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, to me well known to be the persons desciibed in and who executed the foregoing instrument and they acknowledged before me that they executed the same for the purposes therein expressed, on behalf or the ........._. :..~:.. municipali ty. .. .~'c:':'ct "1,. ',." '\. ..... .,. t~." .. ...,,_, .."\ .. - '.' ~ '. ... S~l_ ~~ the County and/5J:;.~'t~~. ;:;....~;.\_ ; ~~~/;M / , 1999"':::'/ /...,~ / :; ~ ~ ~ '.0;: 04 r;.. :-J= :'4~"> -v .~..: :. ", '...... ~ ... <c. ~": "":. " -'. 0 .,' <::t ....c ., '" 'I' ~ ';11 ......... ~~ \~ S i ~ .", " .,....... ...,.- WITNESS my hand all ~!ficial last aforesaid, this ~ay of Notary Pub ic My Commission Expires: ..orARY ruaUCI STAn 0' Pl.O~IDA Ar LARGE MY COMMISSION f~IIUS DEaMllU OS, 199) AOHOfo TlilU ASftTON AOENCY. (He. /C/DAR 6786062AMD 06/22/90.3 11 =-;:s~:\:?:-:O!\ : ?=c C:' 5 J-., =eco=cec Se:r.i:101e ;:., :'rl Plc.~ COUri'l: y, G:::t1FOSITE EXHIBIT II A" PJI..RCEL 14C _ }; i:;...;-";._ ;" -....... . ~.'''' f":: tOut\ r 1""9':\_ 2 Z 7 7 SE~i!tCL:: co. rL. o 4 8 0 ~ ...., _ c.:10 :;;e~ e:1:' ic:-; 300).; ::6, ?cges :~c=id=. J.-..= t:.c. C, "'! -; ar;c 7":';SC.:"_\',~I:-:"'.~. U!-:::- - . .. . :"\;~.i.~C lEGt13IL" fOR M~C~~uG\\Ai.r..IC~ (Page 1 of 15) ,"; c: :he . "", '-'IU ~ ~:.."'" - .. '- , c.~ - . :-\ecc==s 0: t: tJ;.;:\ PAR:EJ:, 61 227 7 o t} 8 I ~~~j!\GLE co. FL. ?;.~ 1 - ~~:;:a;: ?::-OTI t:2 ~re=l.ine 0: i:~t..e=secticn a: \-:in~ S?=i.nc::s Ec-.:le-~c..:-= 2.."1a ~:-...he=-:: \';2:' 1 2..S sho--n JJ1 ?lz.~ af ~'bte.1:' S?=i.ngs Ur-.i.t Fo~ as rec::::~....eC ?l2.t Ecok lE 1 Pages 6, 7 2..."1::3 E 1 ?\::JUc Reco_;::s of Se.7.ino1e Cct=':':":' 1 ?lo::-ic..a; ::-..::1 l\.86C'2J'OS";:. alC7.1S the Ge."1re=ll.."1e of h'i."1t:.e= S?::i."1qs Eoclev?-=c 282.25 fee-;:; thence N.03C'3E'5S"\\. 60.00 feet ~ ~~e poi."1t of begi..~-~inS" 0:1 the Nc=---J1 riS"1t-c:-\.-tcy line 0: WL.,ter Sp=iJ1C;S Eo-..:.le.v~c (l20' R/~'); the...'1ce rt.:."1 S.66023'CS"\.:. alene; saie Ncl:-....n :::-i:;h~-c:-""'c.Y line 217. 2S feet to the p::lint. 0: cu....-v-at:ure o~ 2. C\L""Ve c::;:1cave No:-:"'":- ez.s~o""'lv 1 2...'1e havino a raCius 0: 25.00 feet; thence nm N::>:-t..;,wes-:.e=lv 2..10nc the arc of said eu-rve J9. 27 feet. tlL.rouch a centrc..l 2...'11cre 0: 900 00 I DC" t:.::) -;:.."rse ooint. of t2.noencv en the East =iaht-of-w'2V lin~ 0: Nc::-::..,- e...-:l \':2Y (80' Rivn; thence ~TT"\ ~.03036'55"h', 2..1~g sc..ie ~;>c:;-;: ::is''1:.-of- \.."2 Y line 9 O. 78 feet. to the p::l in 'C of Cl.lr vc. tu..!:"e 0: a C":"'""'V'e c:::mca ve 7":oc:;-:-o.....lv a'"'.d havi.T)c a r;>':;'us of 1893.55 feet.; thence :--..10"1 Nc::-t.:'ie=lv '"h -.. ~ f h 1 - ."O?o 2.....!..G;1S ~ e c..::-c of s~c C\.1--Ve S<i. 2::> eet tl-.rOUS.. a cen~a_ 2JlqJ..: 0: - 32' 57" t.a a p:>~'1t; t:he..'1ce leaving sc..id East: right-of-'w"2;' line, r.=l J-i. 86023' OS";:. 270.83 fee:' ':.0 the point. of c..!..-va-.:ure of a CI.1..-ve c::::ncave So:J't..'!west:e::-ly 1 2..'1C }-,,2.v:i..ng c. rC.cus of 27. E3 feet; t.~e..:"1ce r.=1 Scu-:.'":- e2.S7"O~lv alC':"lC the c.:::c of sc..id C..L"\IE 40. 4~' feet th....oroU::TI c. ce.:;~c.l 2..."sle o~ E3014'~1" t!) the pcint. of t,2.ngency; t..1)ence r~ S.lO"'22'1~";:. 17"2. 85 ie::e-:. 'to 2. t:'Oi.-'1t 'en t...~ c..fores2.ic Nc::-t:."1 :ri.cht-of-.....,ov li.-'1e of y;.int.e.::- S:J:::-i:ics 3::;~e'vcrc, sc..ie O:::>'nt bei.-T)O on 2. ~~-ve c.:m~ve Nc=-t.:,- e..::-ly 1 2...-2 r.c'~Ti..ns a r2.CJ.us of 1085.92 fee::.; t.."t)~...ce ':!"L,;;." <: ta..."1qe."1t :::ec.::-in= c:f S. 82016' 07"y.'. 1 ::-...::-1 ~-st.ezlv 2..1C7.1c t.:n..e a=c of sc..ic c":,,,,-ve 2...:,c; z..l;:-::: saic. N:::=-""':,e=lv '=i6-::-c:-I..:av" li.!"le 7E. 01 fee~ -::......:ouc;h a ce..."1::=a..l 2...,~1c 0'= O~oOo":;2" :.... ....'no D:)!..nt 0'= bec~nn'nr, C;:::)ri~::'~"1:; '':'-- -. ~ ~ ""'-- - -..--- ~ - 2.. .; 112.:: 2..c::-es. (Page 2 or IS) ~...;......" '? - 7 ,-,-I I (1 ','" n'rl !J 't .... L. PARCEL 61 _ ..-,'-""'" r-L S~~jSt.:L:. \"u. r . D ::: S C r. ; ? -: :' 0 t, C:- F;:' r. :: ~ L 2 F:-or.. :hE- cer,terl-;ne cf ini.ersec:~on of" l,'ir.:er Sp:-;r.~~ E-oule- \'crc cr.c' I,'c:-:herr, \"'c)" C5 shOt-'r, ir. pic., of \..'jl\iER SFr.J!,G5 UrnT FOU;::, cs recorded in F'lCL book lEt Pages t, 7 b E, h:::;lic re- c (\ res C f S E '" ~ n (j 1 e C 0 un: )'. t lor i G c. run 1\. 8 E. ., ? :; , C 5 .. [. ,1 0 n ~ : r. E- cer,i.e:-11ne of :"ili..er Sprint'S SoulE-vue 282.85 fee..; ..hence 1. G ~ c ~ '- , c: c: ..,. '- COD or -'. .. '. .) .)l' ~~ ". v. ,eet t.o c. p01nt on ~h€: hor:r, r1gt"lt Oi ""'c.)' 1 i nee f s c -; c ;.' ~ r. t e r S:>:" i n ss B 0 u 1 e..... , r C:. S 21 cpo i r,: be i ng 0 n c. c l.' r \' E con C eVE ii 0 r : her 1 y ? n d h a v i n Co ere G ius 0 f 1 0 e 5 . S 2 fee..; :henCE- from, Lcogent bea:-inc. of j";.86023'OS"E. run testerl)' c 1 0 n c .. h e ere 0 f s c ide u r v e ~ n d ,ion C S e i G Ii 0 r : he :- 1 v rig h t 0 f \,' c y 1 i n e i E . 0) feE- t L h r 0 u 0 h c c e n L:- e 1 e n c 1 e 0 f O!" 0 0 6 ' s e" t. 0 the poir,: c: b::cinninc; .hence le2\'ino s~id Nor:herlv rioh.. of \,' Co Y 1 i n e, r u r, I; ~ 1 0 " 2 2 ; 1 ::, "\,.'. ) 7 3 . C ~ of e i i. tot h e poi n:. 0 of cur v c - turE of G curve concave Sou:h....'esterlj' and hc\'ing a raGil1s of ( 7 . E: ~ fee:; ,h e nee r u f, N crt h w est e , 1 J' a ion Q .. h E 2 r C 0 f S c i d curve L.D.L!; feE. through c centrc.l cngie of 83clL'L.l" ~o the po~n~ of ~~ngency;, thence run S.86023'05"W. 270.83 feet to a , poi n. o;j : h e E n t e r 1 J' r) 0 h: 0 f ~. ~)' li n E 0 f Nor.. h e :- n ....' c y (8 0 ' R / :.,,) s c i ( PC) n'i b = i n 9 0 ~ c cur v e coo C 2 \' e ~ cst e r 1 y' c n c; r, c.V i n c c rcG11'S of lE~3.S: fee-;.; ..hence from c ~cnge:-,t bEcrin!; of t,' . 0 1 C' 0 3 ' S 8 " \.,'. r U j, ~i 0 r L h e :- 1 y c ion 9 .. h E c r C 0 f S 2 i ci c u:- v e c n ci 2ions; said ~~s-ce,lj' ri9r... of .....a)' line 50.08 feeL. :h:-OU9r-: c cer,:r='1 c:1gie of 01C'30'SS" to c pcin:; thence -1==\'in9 scici E = S .. e r i j' r 1 S' r. ~ c. f .... co 'j '1) n e run I;. 86 0:2: . [0:> " ~. 2" 7. 96 f = e" t 0 the point ,of Cu:-v2:ure of Co curve conCcvE Sou..nwesterly and r.cvinS' c :-c.~-;us of 77.c2 fee:; thence run SCti.r'Ecs:erly clong the Cae of sc~d curve li3.0i fee! !hrcugh c ce~:icl cn9ie of e3=-,L.'t:..l" t.o t.he point 07 Langency; thence run S.10022'i~''E. /1 ? 5 _Oaf e e.. .. 0 c' poi n tor, the c of 0 res 2 i c; r~ 0 r the r 1 ,)' rig h t a of ow c y line of :"'~nLer Springs ~oule\'=rd, sc.id pair.. bein~' on c curve can c c \. e j~ 0 r L her 1 Yen d r, c v ; n 0 c . raG) l! S 0 f 1 0 E 5 . S 2 7 e = : ; the nee f,om c :enger... b~;:rinc of S:7~Co3i'~6"W. run h'ester-Iy clang the c:-c of Scid curvE enci-clon~ Scid I~or~herly r~9r'L of .....c)' iine 50.C2 !ee~ ~hrouoh a centr21 ~nc1E of 02038"Zl.. ~o ~he poin~ o f b e 9 inn i n g, c 6,n .. Gin inS' .. hEr e i ~ O. 5 9 7 5 c. ere ~ m 0 reo r 1 e 5 S . (Page 3 or 15), [~;:::~,,'.- :~~~'~.:.:~ )C~ ? /~CE PAR:EL 61 2 277 o 4 8 3 S~~~!),CL:: CG. FL. DI:SCHII'TrON - l'l\neE!. h/,_. f'rorr. tl,~ Centerline intersection of Winter SOrings Iioulevarcl "nel Nor::!'1err. Wll\". as sho,",n on the plat o[ Witlt<.<r S:,rings Unit 4. r~Corcied in /'lat noo~. te, I'a9PS t.. 7 and e. foublic r{ccorcis o( Seminole County. Florida; run N.0)")i'S5hW. alony the centerline of Northern WllV 175.7e feet; thence N.O(02)'OShC. 40.00 feet to a POint on the Ca:st ri9ht-of-\.Iay line of Norr:hern W"Y. "'oid pOlnt lJein') the point of curvoture of Cl curve: Concave Caste:rly and havin~ a rlldiuli of lU93. 5~ (eet; run thence Northerlv olong said rioht-of_,.:;,y Ilne ilrHI alono I:hc arc of Selin Curve 30!l.3~ teCt I:hrou,?h a CClIl:ral anale of 09'21' 3Gh 1:0 thp. poillt of bc'ginning; thence cOntinuE NOrtherly ..1(:11(; the arc of said curVe ~5).)) (eet throu",~, a Central anql~ of 13"4)'01-; thenCE: run S.70' :3:'>'10"1::. lSl.el f<:<.<t; thence N.26"12'2i-1::. 20).)5 feet to the SOutt, line of u 110 fOOt "idt: I'l0rid.. f'O"'cr ilnd Light Comp"'ny F.ase.ncnt; thence N.~("05')7-W. ulon,: said South line 1611.00 I.., '0 ui~ E... d9"'-0(-'0, line o( Nor""" w." 'hen.. N."-,,. >>-C. olon, ui. C"" d,h,- 01-....,)" J i.ne 126. 7~ feet to the pOint of curvature n{ a <':urve COllcave SOutheasterlv Clnd h':'vino il ,.. i u, o( <l 0.00 (eo" ,un 'h.nce Nonh.o. 'n J, 010n9 'he Hc o( u,. c.'ve 00." Ceo< 'h";'9" " Ccntral angle of 6C"J2'23- to the ooint of reverse curvature o( a Cllrv"" concuve Norl:hwesterl}" "nd h.JV11l9 " r,)uiu!; of 296.47 feet; cun thcnce NOrtheasterly 177.65 ft:et ulon9 the arc (I( suic <:\Irve tlorouc,ll: II centrill angle o{ )4 '06' 09- to the S""uth line of 10C foot ...idc: Florida I'c.wc:r Cor!'oration Caselncnt; thence S.CsolO'12-C. 1l10n') silid SOuth line 90'1.73 !ee~: thence: S.270'l5' O~-L:. 17'J.07 Ccc.t,,-o tne l;ortherJy ri9ht-of-..ia). line ol Winter S?:-ings Doulevo\rc. SlIid right- O(-....a'1 lin(! 1>ei"9 on ,) Curve conCuve SOUtheaste::-ly anel Ililvin9 u r...dius o[ 1215.10 -[ect; thcnc!!: (,'0," · '.""<0" b'.dno o! S. ,,-,..,,-". 'uo Sou""","O", olono >0'. "9h,-ol-", li". e.."" .Jo"9 the il\'C 01 saId CllrvE' 737.53 teet through.. Central ..n91~ of )<"46'29- to the point of llsnoenc}'; thence S.27"2U'2G"I-I. 261.56 lect: to the POint of curvature of a Curve concave NOrth",cstc:rly lint! h.:1ving C: r<sdius 0!.10eS.92 feet; run t.hence 50uth",c:st.erlv illonu tIle <:Irc of saicl curve 9&0.'19 tl.!ec.; thcnce N.10022'19hh'. 50.00 leet to the beginn!llg ot: a curve concbve tlort.h\.lesterly ilnd havinc c:. radius of 10)5.92 f!:lec; thence from a ti1noent bearin~ of N.7~")7'46-~. run NortheilSte.rly illono"the arc of said Curve 170.76 fee: throuoh a ~entr..l allaic: of 09"26'<<-; thence N.19"(U' ~U"W: )1~.)0 lee::.; thence N.e~')2')I-I,. <19.75 ieet to tlH! Point Of. uC9innlnc;. containinQ there'in )2.9579: nC::cs. (Page 4 of 15) =[:('1\ r.~G~ ,- ? - - !. l.. ( ( n b. Q ." V T U ; DESCRIPTION: SE~j};CL: CD. fL. That part of the MAP OF THE PHILLIP R. YOUNGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County and that part of Sections 5 and 8, Township 21 South, Range 31 East, Seminole County, Rorida, being described as follows: Begin at the Northeast corner of said Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence nm S 00024'55" E along the East line of the Northeast 1/4 of said Section 8, for a distance of 205.56 feet to the Point of Intersection of the Northerly Right-of- \^lay line of the Lake Charm Branch of the Seaboard Coast Line Railroad (lOO' RIW) with the Easterly Right-of-Way line of the Black Hammock Branch of Seaboard Coast line Railroad, said Point of Intersection being a point on a curve concave Northeasterly having a radius of 799.85 feet and a chord bearing of N 49002'35" W; thence run Northwesterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 08011'08" for a distance of 114.27 feet to a point on a curve concave Northeasterly having a radius of 651.23 feet and a chord bearing of N 20036'17" W; thence run along the arc of said curve and said Easter!y Right-of- 'Nay line through a central angle of 54035'00" for a distance of 620.40 feet; thence run N 06021'38" E along said Easterly Right-of-Way line for a 1540.55 feet; thence leaving said Easterly Right-of-Way line run S 89032'22" E along the South Right-of-Way line of State Road No. 434 (60' R/Vl) for a distance of 131.05 feet; thence run S 00011'57" W along the East line of the Southeast 1/4 of Section 5, Township 21 South, Range 31 East for a distance of 1958.31 feet to the POlNT OF BEGll\'NING. TOGETHER WITH: Commence at the Northeast corrier of Section 8, Townshio 21 South, .. Range 31 East, Seminole County, Florida, thence.run S 00024'55" E along the East 1ine'of the Northeast 1/4 of said .Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (lOa' R/W); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66056'09" W; thence run Northwesterly along the ' arc of said curve and said Northerly Right-of-Way line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; (paqe :; of IS) EOO~ ?~G~ -')-7. n thence run N 79018'14 II W along said Northerly Right-of- \Va/ l1n~ for a l; 4 8 5 distance of 691.26 feet to t!1e point of curvature of a CUI\.'e conca~.'.H.liC~:: CO. FL.. Southwesterly having a radius of 2612.09 feet; thence run Nonhwesterly along the arc of said Curve and said Nonherly Right-of- \\lay line through a central angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" W along said Northerly "Right-of-Way line for a distance of 96.48 feet to the Easterly Right-of- V/ay line of Proposed Vista willa Drive and a point on a Curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44053'28" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 69000'18" for a distance of 554.01 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 790.00 feet and a chord bearing of N 44050'50" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 69005'33" for a distance of 952.65 feet to the POlNT OF BEGINNING: thence COntinue Northerly along said Easterly Right-of-Way line and said curve having a radius of 790.00 feet and a chord bearinE: of N 05022'51" E throUE:h a ~ ~ central angle of 09050'25" for a distance of 135.68 feet to a point of non- tangency; thence run N 06010'16" E along said Easterly Right-of-\Vay line for a distance of 100.50 feet; thence run N 00027'38" E along said Easterly Right-of-\Vay lipe for a distance of 214.99 feet to the point of CUI\.'ature of a curve concave Southeasterly having a radius of 25.00 feet; thence run '.' Northeasterly along the arc of said Curve through a central angle of 90000'00" for a distance of 39.27 feet; thence run S 89032'22" E along a line that is 25.00 feet South of and parallel with the South Right-of-Way line of State Road 434 for a distance of 404.53 feet; thence run N 00027'38" E for a distance of 25.00 feet to said South Right-of-Way lL.'"1e; thence run S 89032'22" E along said South Right-of- '\-Vay line for a distance of 639.86 feet to the West Right-of-Way line of the Black HanlIIlock Branch of the Seaboard Coast Line Railroad; thence run S 06021'38" W along said West Right-of-Way line for a distance of 502.66 feet; thence leaving- said 'West Right-of- \-Vay line run N 89032'22" W for a distance of 1039.34 feet to the POlNT OF BEGINl'-HNG. TOGETHER WITH: Commence at the Northeast comer of Section 8, Township 21 South, Range 31 East, Seminole COUnty, Florida, thence run S 00024'55" E along the East line of the 'Northeast 1/4 of said Section 8 for a dista.llce of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard' Coast Line Railroad (100' R/W); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a (Page 6 of 15) , \ , POiIlt on 2 CU1\'e concave SOuthwesterly having a radius of ]959.]9 fee.l G..:"ld 2 chord bearin~ of N 66056'09" V/: thence run NonhweSler]v a]on~ the. 2.rc of said cU1\~e and said Nonherly Righl-of-\Vay line througn 2 c;111ra] anS?]e of 24044'10" for a distance of 845.83 feet to the point of ta.n~ency: th;nce run N 79c 18'14" Vt' along said Northerly Right-of- \Vay lin-e fo~ a distance of 691.26 feet to the point of curvarure of a curve concave Southwesterly having a radius of 2612.09 feet; thence run NOrthwesterly along the arc of said curve and said Northerly Right-of- \Vay li.l"le L.1.rough a centr2.l angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" \V along said NorLherly Right-of- \Vay line for a distance of 178.11 to the Westerly Right-of- \Vay line or Proposed Yisrawilla Drive; thence run N 10023'19" E along said Westerly Right-of- 'Nay line for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterlv havin~ a radius of 540.00 feet: thence run ~ - . c.lon~ the arc of said curve and said Westerly Ri~ht-of- \Vav line throu~h a - . ..". - - - central angle of 69000'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly havL."1g 2 radius of 710.00 feet and a chord be2.ring of N 71054 '55" E; thence run Northeasterly along the arc of said CU1\/e and said \Vester]y Right-of- "Way line through a central angle of 14057'22" for a distance of 185.33 feet to Lt)e POINT OF BEG~TNLNG; L"t-Jence leaving said Westedy Right-of- VhlY line fU..T1 N 30022'39" 'N along a non-radial line for 2 disrance of 356.04 .:::.&> . th.o::. "1 80C-?'::0" "[,i ~ -" p ~ ')')~o 00 {I>'" h&> &>~. ", J ~~t,_nc~ run 1" .;)_ ..J.; Y) J 01 2 OlSt2.nC_ Ol ...._). .e_~, UJ~nc~ 1 un N 00007'21" E for a distance of 100.00 feet; thence fUll N 47003'59" E ror 2 distance of 292.95 fee;:; thence run N 00007'21" E for 2 dis~ance. of 400.00 feet to the South Rignt-of-Way line of State Road No. 434 (60' R/V/); Llence run S 89052'39" E along said South Right-of-\Vay line for a disL2l1ce of 1580.00 feet; thence run S 89032'22" E along said SOut_f} Righr.- of-"\Vay line for a dist211ce of 611.08 feet; thence leaviIlg said Soum Righr.- of-\Vay line run ,S 00027'38" W for a distance of 25.00 feet; thence mn S 89032'22" E along a line 25.00 feet South of and parallel with said SOUL~ Right-of-Way line for a distance of 395.00 feet to the point of curvaUlre of a curve concave Southwesterly having a radius of 25.00 feet; thence run Southeasterly along ,the arc of said curve through a Central angle of 90000'00" for a dist&.Jce of 39.27 feet; thence run S 00027'38" W along the Westerly Righr-of- Way line of Proposed Visr.awilla Drive for a distance of 214.99 feet; thence run S 05015'00" E along said Westerly Right-of- Way line for a distance of 100.50 feet to a point on a curve concave Northwester]y having 2 radius of 710.00 feet and a chord, beariilg of S 32026'56" W; thence run Southwesterly along the arc of said cu[\~eand said Right-of- \Vay line through a central angle o'f 63058'36" for a distance of 792.79 feet to the POINT OF BEGINNING. Together CODt2inLr:!g 2 lmal of 66.968 acres rnore or Jess 2..:"Jo ~~:g subjeCt to a.ny rights-of-\:....cy, reSl;:1CLions G..:"ld e2.Seiile:lLS of re:::orc. (P2ge 7 cf 15) r-..:> /'.-) C U'l C If~ ~ ,: - ~ r r-l . , 0 c::> -., .:=- r- C::l ~ .....: ~ DESCRIPTION: . . That part of the 1\1AP OF THE PHULIP R. YONGE GRANT, as recorded in Plat Book 1, Pa~es 35 throu~h 38 of the Public Records of Seminole ~ ~ County ar:d that pan of Section 5, Township 21 South, Ra..'<lge 31 East, Seminole COUnty, Florida, being described as follows: Commence at the NoITheast comer of Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00024'55" E 2.lon~ the East line of the Nonbeast 1/4 of said Section 8 for a distance of 205~.56 feet to the Nonherly Right-of-\Vay line of the Lak~ Charm Branch of the Seaboard Coast Line Railroad (lOO' RfN); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearin~ of N 66056'09" W; thence run Nonhwesterlv alon~ the ~ . ~ arc of said curve and said NoITherl)' Right-of-\Vay line through a central angle of 24044'10" for a distance of 845.83 feet to the POiI1t of tangency; thence run N 79018'14" "Vt' along said Northerly Right-of- "Vay line for a distance of 162.82 feet to the POINT OF BEGINNING; thence Continue N 79018'14" W along said Northerly Right-of-Way line for a dist2J1ce of 528.44 feet to the point of curvarure of a curve concave Southwesterly havi...Tlg a radius of 2612.09 feet; thence fllil Norillwesterly clang u1e arc of said curve and said Nonherly Right-of- '{Nay line through a cemral angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" Vi along said Northerly Right-of-Way line for a distance of 96.48 feet to the Easterly Right-of-Way line of Proposed Visr.awilia Drive and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44053'28" E; thence run Nonheasterly along L1e arc of s2.id curve and said Easterly Right-of- Way line through a central angle of 69000'18" for a distance of 554.01 feet to the point of reverse curvature of a curve' concave Northwesterly having a radius of 790.00 feet aIld a chord' bearing of N 44050'50" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of- "Vt'ay line through a central angle of 69005'33" for a distance of 952.65 to a point of non-tangency; thence leaving said Easterly Right-of-\Vay line run S 89032'22" E along a . non-radial line for a distance of 1039.34 feet to the Westerly Right-of-\Vay line of the Black Hammock Branch of the Seaboard Coastline Railroad; Ll-Jence run S 06021 '38" W along said Westerly Right-of- \Vay line for a distance of 525.90 feet to the point of curvature of a curve concave \Vesterly having a radius of 552.67 feet and a choro bearing of S 12032'48" \V; thence run Southwesterly along the art of said curve and said Westerly Right-of-Way line through a central angle of 12022'20" for a distance of 119.34 feet to a point on a curve concave Norr.l"}westerly (?2ge 8 0: 15) f'...; c.'" r-.....; m -.... :~ -.... ('"'j r- . ' co c CJ ....., - r- . co -.' having a radius of 656.13 feet and a chord bearing of S 51 c 12'30" \V; thence run Southwesterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 77002'04" for a distance of 882.17 feet to a point on a curve concave Northerly having a radius of 799..85 feet 3.nd a chord bearing of N 85021 '14" W; thenc~ run Northwesterly along the arc of said curve and said \Vesterly Right-of- \Vay line and along the arc of said Curve through a central angle of 12005'59" for a distance of 168.91 feet to the Point of Intersection of said Westerly Right-of- \Vay line with the Nonherly Right-of- \Vay line of said Lake Charm Branch of the Seaboard Coastline Railroad Right-of-Way and the POINT OF BEGINNmG. TOGETHER WIrd: Commence at the Nonheast Comer of Section 8, Township 21 South, Range 31 East, Seminole County, Rorida; thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8 for a distance of 205~56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (l00' Rf\N); thence run N 54c34'57" \V along said Nonherly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66056'09" W; thence run Northwesterly along the arc of said curve CllId said Nonherly Right-of-Way line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; Lhence run N 79018'14" W along said Nonherly Right-of-Viay line for a dista...l1ce of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run NorLhwesterly along the arc of said curve 2....lld said Northerly Right-of- VtT ay line through a central angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" W along said Nonherly Right-of-Way line for a distance of 178.11 feet to the Westerly Right-of-Way line of Proposed Visrawilla Drive and the POINT OF BEGINNmG; thence run N 10023'19" E along said Westerly Right-of-Way line for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 69000'18" for a distance of 650.36 feet to the point of reverse curvarure of a curve concave Nonhwesterly having a radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run Nonheasterly along the arc of said curve and said Westerly Right-of-Way line through a cena-al angle of 14057'22" for,a distance of 185.33 feet; thence leaving said Westerly Right- of-Way line run N 30022'39" W along a non-radial. line for a distance of 356.04 feee; thence run N 89052'39" W for a distance of 3675 feee more (Page 9 of 15) C"-...) (/"j ~ r;:, <.::: n7 ~ r::: ~ ~ ~ r:':' nl c; c- -' C,:) ~, ~ r- ~, <:0 1- ~ <:J c-::> , \ or less to the centerline of Howell Creek; thence run SoutherlY alon~ the centerline of Howell Creek for a distance of ] 050 feet more o'r less to the Northerly Right-of- Vlay line of Lake Charm Branch of the Seaboard Coastline Railroad; thence run N 88055'08" E along said Righc-of- Way line for a disrar.ce of 3153 feec more or less co the POINT OF BEGINNING. Together containing a total of 104.0 acres more or less and being subject to any right-of-way, restrictions and easements of record. (?age 10 0:;: 15) .~ en ~ .-,., ~ ~ Q ~ r- ,.." ~ a CJ .,., ..:::- r- '":':::l ,~ .-'."---. -....--_ __/::r.r...-.:'-_ _ DESCRIPTION: That pan of the 1\.1AP OF THE PHll...LIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Semino'le County, Florida, being described as follows: . Commence at the Southeast corner of Section 8, Tovmship 21 South, Range 31 East, Seminole County, Florida, thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' RJW); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66056'09" V-l; thence run Northwesterlv along the ,. - .. - arc of said curve and said Northerly Right-of-\Vay line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; thence run N 79018'14" '\V along said NorLherly Right-of-Way line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of- Viay line through a central an~le of 11046'38" for a distance of 536.SJ2 feet to the point of tangency; thence run S 88055'08" W along said Northerly Right-of- 'Nay line for a distance of 178.11 feet to the Westerly Right-of-\V2.)' lL.'1e of Vista willa Drive; thence run N 10023'19" E along said \Vesterly Right-of- Way line for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly Right-of-\Vay line through a central angle of 69000'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 14057'22" for a distance of 185.33 feet; thence leaving said Westerly Right-of-Way line run N 30022'39" W along a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 2250.00 feet to the POINT OF BEGINNiNG; thence run N 00007'21" E for a distance of 100.00 feet; thence run N 47003'59" E for a distance of 292.95 feet; thence run N 00007'21" E for a distance of 190.00 feet; thence run N 89052'39" W for a distance of 311.14 feet; thence run N 00007'21" E for a distance of 210.00 feet to the South Right- of- Way line of State Road No. 434 (60' RAY); thence run N 89052'39" \V along said South Right-of- Wav line for a distance of 522.20 feet; thence ~ ~"' run S 89032'14" W along said South Right-of-\Vay line for a distance of 850 feet more or less to the cemerlinc of with Howell Creek; thence run (Pd?e 11 of 15) r--..J I"V C:l (n 0 f'Tl ~ o~ ~ ;:>:;- ~ - r::: c-- r- ,. ". n .- 0 ':::J -.. .." -+=- ..': iJ r .'t-- ......;. c..o G :::J . '. Soutberlv along the centerline of Howell Creek for a diStance of 950 feet I7lor~ or less to a point' in said centerline of Howell Creek lVllo ~ ~ N 89052'39" W a distance of 1425 feet more or less from the POLNT OF BEGlN'l\TL~G; thence run S 89052'39" E for a distance of 1425 feet more or less to the POINT OF BEGlNNING. Containing 25.2 acres more or less and being subject to any right-of-way, restrictions and easements of record. (?aae 1 2 0'-" 1 ~ ) ~ t'..y c::J V'l 0 E -J Cl ;;.; r; ~ r- r-: r: 0 c::> ~ ..;:::- ~ r- c..o :t>- ~ ;-:-; -USCh~'::,,~ ?h.RCE:~ 15/?ARCE:" ~ DESCRIPTION: - That pan of the J\.1AP OF TIfE PHILLIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole Counry, Rorida, being described as follows: ~ Commence at the Southeast corner of Section 8, Township 21 South, Range f'v 31 East, Seminole County, Florida, thence run S 00024 '55" E along the Ul '" East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet ~2 -..., - ~ to the Northerly Right-of-\Vay line of the Lake Charm Branch of the ~ Seaboard Coast Line Railroad (l00' R/W); thence run N 54.:'34'57" W ~ along said Northerly Right-of-Way line for a distance of 293.14 feet to a :: ~ point on a curve concave Southwesterly having a radius of 1959.19 feet and:- c_':) a chord bearing of N 66056'09" W; thence run Nonhwesterlv along the ~,' ~ 01 ~ arc of said curve and said Northerly Right-of-Way line through a central angle of 24044 '10" for a distance of 845.83 feet to the point of tangency; thence run N 79018'14" W along said Northerly Right-of-\Vay line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of- \Vay line through a central angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" W along said Norrherly Right-of-\Vay line for a distance of 178.11 feet to the Westerly Right-of- \Vay line of Proposed Vista willa Drive; thence run N 10023'19" E along said Westerly Right-of-\Vay line for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly Right-of-V'/ay line through a central angle of 69000'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Nonhwesterly havhJ.g a radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 14057'22" for a distance of 185.33 feet; thence leaving said Westerly Right-of-Way line run N 30022'39" Walong a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 2250.00 feet; thence run N 00007'21" E for a distance of 100.00 feet; thence run N 47003'59" E for a distance of 292.95 feet; thence run N 00007'21" E for a distance of 190.00 feet to the POINT OF BEGD\TNING; thence continue N 00007'21" E for a distance of 210.00 feet; thence run N 89052'39" W along the South Right-of-\Vay line of State Road 434 (60' RfW) for a distance of 311.14 feet; thence run S 00007:21" W for a distance of 210.do feet; thence run S 89052'39" E for a distance of 311.14 feet to Lhe POINT OF BEGINNING. en <::) ~::-~~ n .- ~"-'''; ::> :.0.: o po Cont2.ining 1.500 acres more or less 2nd t>eif!~ subject to a.Il)' ri~hts-of- way, restrictions 2nd easements of re;:ord. (?age l3 of 15) ?J..R---=-:- .S 15 and 80 (C01'Oined) D-::scR.IP11ON: All ~ put 0( the ~ of the P'h.iIlip .R. Y OQ~ Gra.nt 2.S recorded in Plat Boot 1, ~ 35 lhrO\igh 3S of the Public Records of S<:minoLe Count)', F1ori.d1 a.d ;l pornon 0( the Sour:he.ut. 1/4 ot Section 5 and :l. portion of the Nonhe.ut 1/4 O{. Section ~, Township. 21 South, Range 31 E.ut., ScmiAOk COUnty, Flondt, lying South of S.R. ,(34, (old S.R. 419[, North of ~ Uke 'c:::b.um .Br.rnch of the Sea~d Cc::~t L~ Railroad and ~l af GARDENA FARMS, TOWN SITES a! recorded in Plat Bocl:: 6, hge 39 of the Po.blic Re.cO'T"Cb of Seminole Councy.' Florida., Ic3'S RiQht-- Of - Way tor B lOCK Hammock Branch of the S.C.L. Railroad. All together contoining 278.322 acres more or less. (?aae 14 of IS) r--..) C'V n: CJ") C) m --.J C1~ ~~ ~ ' --.J ~, '" I.~ ,. O'l -,. n c:: <:::) r'; .....'1 ;.C "T1 ..:=- ~k:-~I r- r..o -- C~ ~...) PI iAl(E JESSUP PROPERTY .' f . DE.5c..e./ PTI ON ,-.....j l'-,) 01 (fl <::> nl -..... a ::e ~:: -. -..... I,":" ~ ;. 1'1 n ~ ~ c:::> ,...'. ,.... ~1 .,.-:- <:l r- :...-:; (0 -' ,..., ~-=- ,,' LO!~ I :!nd :. Block A. D.R. \.llTC1IELL'S SeRVE'l' Or- TirE LEVY GR:\~T :\ccordin; [0 the pl:lI rcc.orded in P!:1l 800k 1. P:\!:c :;. (If the Puhlic R~cords or S ~ m i no! ~ Co un I y. r lor i (1:1. Con::\ i nin g "0 ~ _ . I ~ICrr:~S more or less. (?age 15 of 15) ,. . 1. o. p. q. r. s. t. u. v. w. x. y. z. aa. ab. ac. ad. ae. af. C/BJM 6786062PCU 07/30/90.1 EXHIBIT "B" PERMITTED COMMERCIAL USES The following uses are permitted in the Tusc~willa PUD: Administrative public buildings; Advertising agencies; Alcoholic beverage sales (package); Alcoholic beverage, on-premises consumption, provided food is also served; Alterations and tailoring, shops and services; Antique and gift shop; Appliances, sales and service; Artists' studios; Attorneys; Automotive accessories sales; Bakery, retail; Bathroom accessories; Bicycles, sales and service; Bookstores, stationery, newsstands; Bookkeepers; Bowling alleys, provided either (i) no building may be located nearer than two hundred fifty (250) feet to any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential property within the Tuscawilla PUD; Butcher shop, retail only; Carpets, rugs and linoleum; Car wash, automated and enclosed, similar to Shiners and those associated with gasoline service stations; Churches; Cleaners; Coin dealers; Computers, hardware and software sales and service; Confectionary and ice cream stores; Convenience stores and markets, including those which sell gasoline, provided gasoline pumps shall not be located within two hundred fifty (250) feet of any residential prop~rty line: Dance and music studios; Day nurseries, kindergartens and day care; Drug and sundry stores; Employment agencies; Financial institutions, banks, savings and loan; Florist and gift shops; Full and self service gas stations (major oil companies), including those providing mechanical repair service, car washes and convenience stores, provided these are located adjacent to State Road 434 and no gasoline tanks are located within two hundred fifty (250) feet of any residential property line; a. b. c. d. e. f. g. h. 1 . j . k. 1. m. n. 1 ...... ft:5 r'v l"V r::: c .........J C:.:~ :;>-, -.....s C;) r ~ ;. -:J ", Co :-:... .:.. (;') ,. ..fl fJ~ (J) l"71 '- =-:? a r- f'rJ ...,., r- an. ao. ap. aq. ar. as. at. au. avo aw. ax. ay. az. ba. bb. be. bd. be. bf. bg. bh. bi. bj. bk. bl. bm. bn. C/BJM 6786062PCU 07/30/90.1 ago ah. Furniture, retail; Grocers, retail; those whose business include and are limited to the retail sale of groceries including produce, meats and household goods, but shall not include the sale of gasoline; Hardware stores; Health food; Hobby and craft shops; Hospitals and nursing homes; Ice, retail, when associated with another permitted use; Insurance; Interior decorating and draperies; Jewelry stores; Libraries; Loan companies; Locksmiths; Luggage shops; Medical clinics and laboratories; Outdoor advertising signs sales offices; Paint store; Parking garages when associated with another permitted use; Pets shops and grooming; Photographic studios; Physical fitness and health clubs; Post office; Private clubs and lodges; Quick printers; Radio and TV broadcasting studios, excluding towers; Radio, TV, video and stereo sales and service; Rental shops; Regulated professions, offices and professions licensed and regulated by the department of professional regulation pursuant to F.S. Ch. 455 and F.S. 520.80, as now existing or as hereafter amended; Restaurants; Schools, public, private and parochial, service vocational schools (such as cosmetology, medical and dental.assistant's training) . requiring no mechanical equipment; . Shoe repair shops; Skating rinks, provided either (i) no building may be located nearer than two hundred fifty (250) feet from any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential property within the Tuscawilla PUD; Sporting goods, retail, such as Sports Unlimited, Sports Authority, Oshman's, Robby's and specialty sporting goods stores; Swimming pools; sales, service and supplies and ,"'~ I"'-..) ('::, Cl -I 0 - -- ~ c:::> ..;:::- -c ~:..o l..- r.-: '.~ 1':/ ai. aj. ak. a1. am. (j") fTl -"- :r. o 1'1 (,:::' ~ r- 2 boo t, bp. bq. br. bs. bt. bu. bv. bw. bx. by. bz. ca. cb. cC. cd. ceo cf. cg. ch. ci. cj. ck. cl. cm. cn. co. cpo cg. cr. C/BJM 6786062PCU 07/30/90.1 contractors associated therewith; Taxidermists; Telephone business office and exchanges; Theaters, not drive-ins; Title companies; Tobacco shops; Toy stores; Travel agencies; Wearing apparel stores; Hairstylist, barber shops, beauty shops; Musical instruments, sales and service; Record stores, music stores; Optical services and sales; ~ Camera shops, Photographic stores, Photo developers; Party supplies and services; Doctors, Dentists; Department stores and clothing stores, such as Burdines, Iveys, Jordan Marsh, Ross, Marshalls, K-Mart, Wal-Mart, Target, Service Merchandise; Fast food restaurants, including drive-through services; Specialty groceries and foods, such as Petty's, Barney's, delicatessens; Office buildings and office parks, general; New car dealerships and customary associated services; Tire stores and services customarily associated therewith, such as Firestone, Goodyear, Allied Discount Tires, Sears, K-Mart; Automotive services, specialized such as oil change and tune up centers; Boat sales and services (new), including customarily associated services; Retail sales: Building and Plumbing supplies, including those associated with hardware stores, such as Tru~Value, Ace, Scotty's, Handy Dan's, Builders Square, Horne Depot, etc.; Cabinet sales, retail; Cold storage and frozen food lockers when used in conjunction with a primary use such as grocery, restaurant and similar uses; Manufacturing and assembly of scientific and optical precision instruments; New recreational vehicle dealerships and customarily associated services uses; ROofing, retail sales, when associated with another permitted use; Mini-Warehouses and storage; (.......) "-.) rn 0 ~ c. ='< ~ , c.::> ...-==-- .' "'lJ '- '.:0 ~....~., x. ..........: n: (/1 ", -~ r.::-:~ r- n c 3 . . cs. Pest control and exterminating services, offices, no chemical storage; Nursery products and supplies, plants, trees and associated uses, including stores such as Frank's Nursery, White Rose, etc., not including manufacturing and wholesale distribution of bulk materials; Home improvement stores such as Scotty's, Builder's Square, Home Depot; and Video stores, sales and rentals. (l J: ct. cu. cv. 2. The parties agree that intended uses hereunder include those normally associated with retail commercial areas and shopping centers. It is the intent of the parties that this list is not all inclusive of permitted Commercial uses, provided that additional Commercial uses shall be subject to the approval of the City Commission. The uses hereunder may be free-standing or part of an attached shopping center. f~ "-.) r:1 <.'l Cl ", -1 C. -,- :::<: ~ ~~:. .': n 0 c:::: ...., -;::- ~ en 1... C1 e.::::- p, C/BJM 6786062PCU 07/30/90.1 4 -.-..-.-.- --..............:---...-- . , . .-.....----- --. = . \ ~ . ..;.~ =--==--- \ LAKE JESSUP PROPERTY r"~ ~ r=, (n <.:> ~ -""'1 C"J ;.", ~ t:, r- .-,,! (; '-' ':.::J -, -."::::- r- .:::.,.. 1:-' '" LAND USE CII23 SINGLE FAMILY [-=""!J MULTI FAMILY ~ COMMERCIAL C::J ROAD R.O.W. = 'USCAWILLA P. v.D. -----.-..- -.- 'llED I'OIl.: NTER SPRINGS DEVELOPMENT JOINT VENTURE ~ W tt: H~:f~ . -==- = ...-....-----..--- . -.--'-.-..---. ::-: ~ c.: ==::::.=::.:=: ::::.:::=- ::-::~~::=:;;:- -....-.-....----.- ---....-.------ ...-...-...........---..- 1_____ __..__.__._ ---.-..-.--.-- ...-.... -----...-- ':.=.::':'"-"':'.-="-=:-':"'-=":"::':: g.i~?i.::"'::-~.::i~~~ ;..,-=: -2C-.=: T~:~_:.::.~. =--=;::-:~~.~._.. .) ~:. ~~~1:: -----.....-............. -"'--___'_4_"__ :. "';" _-::.::: .. .. -;"..:=-::..: -. .-- ...:=:1:1:. ___..:7_ ~~~~~'. ~~~1~~~-:~. ~ :~;::75~: ::=:.s;:. ;:~~~~;~~r :::.:; ~ ~. ::=jf:.:z.::~-:. ::::-:'~ =- 'p;-: ~ ~::::~ , I I I I I I l. ~, PA.f\Cll 1 ...........~ ....... I 'I I ,1 ....-.------.---.- .....-.-..-.....---.- -----.- ~;: ::-.';~ .f?fi~?-:: ----..--...-....-... -..----....-..-.-- .-.-......-.----- ~ :".-=-- -::-.:=:1:r::. -:-::..:7 ~ :=::::=:::.~::. ~ [:~ :..:.:' =- -:.; : =-- -: .:-. -=-.-:::r.: ::. -=.. -:- . ::-:: :=.. -: ::..--:..._~:::-: .:...-..: ~ :-:--=?3:};.~~~"}~ :"'-::'==---'::::"=':='''7':'..~-:.' ~~~-=:.:;;~.::::~;"; ....-.-....-.-.--- .-......-....---.-... :...."'= ~-.::::-;:-;:=:... ~"::==. --.-..,...-...........--.- ~~~,,==-~j-:;-~S. ----.-,-....-..-- :::.'; ;:=':'-:'.-:::= .:...~: "'=-- ::.~... ~~.:.=.:..-._.._-- ~. .:.:~;=:..--_....._- :L._ PARCEL 1 ... ~'i i /":'~l t;OOK "} ==-_.If',UIJr:{ --; :..":.~...= -"':':..=''':':'':'':::''.:~ ::!.. ==- -::: =-.:.::::. ~-=... -=:=-:. :'-.. ______..._4___... --.-----.-.-..-- ~~~~~~~~; s=:.:~~~~~:..~. ~-:.;:==?-:~r~~. -..--.--..........-- ~~tgI=~~~;::;i~ ~-;~~~~=g,~~::;~. =::::::.::.. -;:.': ~==-=: = =::= ~~~~~~~~~ ==:-:...~::-::,:~...:..-=-..:::.-::=- ~;:?~~::3:~;;:.- __.______a____ ._-----~- r...J..:./~:'.':...J -- '- '- -- PAllefl . 2'-=..:. -=.'S::==."::':'::":'~- :'':.: -E.~-=~~o.:;:: .....--..--..--"'--..... .-.-.-.-----............. =:: ==.~ -::..: ::.~. .."':.:::-..::.... .-- .....-. ----- :: ;-~.... eo:.::=:-::::.:.. ~::.=::.:= ::.::: ;::::'7 :.:.~ ~~ ::::" =-:= ::::'-:':-.-=--;:_T::.:~ -=..-=-' f:=~~~~~~f? ===:-. =..-..:. :::.;.-= =.-=.---:-.:-:::..... :.:::.:::-:.. -=::.::=.. "':":':~ -:: =:=..-..::::::~:'.-:.::..-:-~-;;:..- [3;;...~~.~=;..;..~f.::: -- .-...,..--.....-...-.- -- -'_'_. t_._...... ...--.........-..........-.....-. ~=--:...;t==..:~~=..,. '-' -..--.------- ----..- -. , ~ i.'I. .'in,; r 11 Gf. co. FL. ~r;..ft.::::=::._;:'.:.:.._==::" ~_~CEL ,----.-.,-..-.......- --.-.-....-.- '-.---.-.-...-.- :"~~":':.=--;~~~":1:_ :.:....-;:::.:.::.~-.:.-=-~::::.:....... ;::::=::'::--":'::='::':"-:=:4-:':: :-.::... g:~r~031~~~:5 :..,:::"-_-:"-:::::.::::::==:4 ........-..-...----.---. ;;..~=._==7::::::..:..._:_:.:_.._:.: ,.......----.-...--.-.. ...---'--.......-...-.-........ -.--.-.-----.....-...- ~~5~~~~?@~ ~11~~~~~ :::..-: ~::.:: ::..."'::::::. ~::.:~.:.=.'" .-.......-........-..-......... ~....~:.~~=:?E:2E:: ......-~....,_-._................".. ::=:::::-:.:=.:==-=--:::---.. g~~~~~T.2. ~..~::. 7~.;:':~2:=.~ r;:::~~~%~~~~: ------...-......-... _.._____......._4....._... ~::-_~;.=:;;.r:::.5~ =:."::...~::':_'":l. -;:= ;::.::::-. -_._~......._--- ___4_____._....__. __._or...._....._.__.. --_._.,._-_.~.... =.:.: =.: ~~ -:';';:t.:r.:..-..::.~ :'':~':::''"':l.-:.=~.:..-.:.=:=:;. =::. -:;.: ~ --: -::.-::-:::: .:..... ~~..__..'C___.::7__. .---.......-...,.--.- =-.:.:.....:::.~=::. ==::::~-...::- ~::-==..:=~.t~.~=::~:=-.:: :=':':'::::;;-':"':.7~:-.:::.~~":. ~::......;; =:':::::5.: ~F. ............ ...f.... C::' ..J 'v, r PAeccl. .3 f' #-. (~". .....~ ...\;., _':::-:~'_f UJ lJf t' ~. .-.. -\' .) ~. . ,.~,,~ PAECEL. Z ...."... ...-.....,..... ....". .""'-.. .....~..- ....-..~ ,,-_u-'---'l-.-V_-,..':,-" --_. illcmv~oa @Ll I0lli~rc[JD(;l'ifD@lI'J L.EGlAILl1Y UNSATISFACTORY fOR MICROGRAPHICS -.. ~... ..'" . ......, . .,...., ",.., ~. ,':1.. I';;;;'~:-J"';'~;: . [.;~t;- ,::':;;t:.7'::'- .PA!!LEL I ,-',". .:.::::..fAf!.{l- il: I "';;.;~I." ~J.~"'~" '.L~~.~~~.~'~' . : / ! '1. !_..:::." ' ; \1...."""'. "-. ......... ..... .--.1._..._..-- ......... ..-,,' .. .-......... ~ l. ,~~ ! t:!!: ..........-.... '-.. ..-. " ....-......-.- r, .........,__,.. ".'-..1...,__-...- ,.. ,...... u ........_...... ~.. . "'-. ............... ,..,.,....,..,......,. ,.....e: ... .11I........."..... I.. .'....1...'....... .-....., ~ ....... T l." f'.'~ . " .........--.-... .:.'::.::': ::..~ :.:..!. (,~.. ........ 0 I'.;-~~'::' . I ..... ";:.'~.:=;.' .~~}IE;.~:1~~:~.~. ..-.... .-...... ........P.. , .,............, Iof_....'..' "~.o# -. .,.. ,., w' ."".' .."'" ~"',..." 'U____J . ...... 01 ..., . I..,.,. I.:uJ !.1 ~~~J...:f 1......,.-',__....._......._ .u..._r.._"........60..........,... ,........ .-Jto...._t_l_,.... l~._"I.1 '101-.".,\.- ,,_.._. c.,.",.~_....._"....'.r'""-""~ .....".4UI..,..1IIl"\411..1I~".....c. ~"r... r:."-b.i '1.a. I....';... -ir-.",z'j '_001'-.-- 'U'".''''I''''''' 1.'.1111 " I~ il dr_' 1011 q, . r ; :: a: .. ,'I : ! ~ >./ Iii ~!l1:1 ~ : I, i'lit/- a 8 I 45 . : I' ~;Ijl ~l' -I , c-' o z -< -> a: o :::;: -< III a: l- V) U. -> :J ~ .. r ~ . r- . u ATTACHMENT B B & E, Inc. 1067 Chokecherry Drive Winter Springs, FL 32708 (407)696-8180 December 11, 2000 Mr. Don LeBlank 1126 E. State Road 434 Winter Springs, FL 32708 Subject: 1301 Winter Springs Blvd., Tuscawilla Sales Center Dear Mr. LeBlank: B & E, Inc., is proposing to lease the site at 1301 Winter Springs Blvd. to remodel and convert the building to a casual yet elegant contine~tal restaurant and pizzeria where French, German, Italian, and American meals are offered along with authentic New York style pizza. The mission of B & E, Inc. is to provide customers an elegant dining experience at reasonable, affordable, family prices. Our vision is to maintain the goodwill of the community by continually providing abundant, fresh, quality meals and pizza at family rates. B & E, Inc. has hired an experienced, licensed, restaurant architect to bring the building up to code as outlined by the State of Florida under the Division of Hotel and Restaurants. A take-out window will be established for customers wishing to dine at home. The buildings unobtrusive and inconspicuous appearance that it currently has will be maintained. We also intend to maintain and enhance the natural, parklike landscape of the grounds. Soft ground lights will be added to light the walkway to the front entrance and other areas on the grounds as necessary for safety. The building will be brought up to code to be handicapped accessible. Handicap parking will be available as defined by law. The tentative name of the establishment is Tuscany's Restaurant and Pizza. We will utilize the existing brick sign at the front of the building with the name Tuscany's lighted with ground flood lights or the name softly lit with fluorescent sign lights. Tuscany's hours of operation will be 4:00P.M.-10:00P.M. Monday through Friday and 12:00-10:00P.M. Saturday and 1:00P.M.-9P.M. on Sunday. There will be approximately 65 seats and we will retain eight employees. These plans have been discussed at length with the owner, Mr. Alec String, (407-366-3600) and he agrees the change will better serve the community. The property's commercial use permits the establishment of a restaurant with on premise consumption of alcoholic beverage. B & E Inc. will apply to the Department of Business and Professional Regulation for a beer and wine license from the Division of Alcoholic Beverages and Tobacco. Mr. LeBlank, as soon as Tuscany's receives the official go-ahead from the city our licensed contractor, Mr. William Corsal, (407-898-9984) will review the plans of the architect and we will apply for the permits to convert the building. We will also submit a set of plans to Mary Long, of the Seminole County Planning and Development Department, and pay the applicable impact fees. We will also be submitting plans to the State of Florida Department of Business and Professional Regulation Division of Hotels & Restaurants. Mr. LeBlank, we hope we have provided the city with enough initial information on our enterprise. Enclosed is a copy of the land and building survey. If you have any questions you may reach me at 407-696-8180. Thank you for your assistance. Sincerely, B & E INC. 6/r~ Eduard Darona, President ED/dd Enc. (2) ...~:.' " ..... . .... . .' . ". :'.' '.' .' '.. '..' . '. .....: -. f. .. . , .21. ~ ., 1\ ~'I 4l, ~ . '. . . ~ ~. ~ /~. -s' '.... : : . ~ '::' " -0.:. . .: . ...:.~ . . :.~.: to t-., ~. ..... . - -- --~ , Cev. .Pc.qc 1/ , /2.d " '0. ~ "'~:.: 5~' . . . t-.J ~ . ,'. . . . . IO.: ~ '::' Noaa 8L.04. :H /2.(1 ~ f\i ~ .. . , c"v. , P~~t!N '- - ---- ", . I C IfIVCIfl to PA '"I " . .' I.? 0' ~ '" (,,$ . /.cIt:bo 1V4( ~ r"cGbr &q,/Q;E 1. ~. CONe. , . ~ ~ - . / V) M' " c:-~-_. ~--:..._ . /~..(). ~ ., , , I I I s: 8~. 23 '05 ow. -~ " c~ IS' II../(i .J'1(i' A.; d.4>?" .'r '0" .. c;, ""' , ~o ,~~ is..~ ~t\I ~~ \ \ .. \ 6'? ~ ~ \t I \ \ \ \ \ \ '\ \ lJ. r{~ t, \~~'" Jr. *\',..l~' . ~ t-;(( ~ '--... "' '-., '- ..~.. . . . . . . . . ". . .' . .100 .:. . . 'to ~ i ATTACHMENT C December 19, 2000 To: Community Development Director Assistant to the City Manager Staff ~ Land Development Coordinator~ From: Re: Development Review Committee Conversion of Tuscawilla Sales Center to Restaurant The Development Review Committee convened on Tuesday, December 19, 2000 to discuss the conversion ofTuscawilla Sales Center to a restaurant. This is an authorized use in this area and the meeting was primarily to inform the applicant as to what will be required to accomplish this project. D. Darona, E. Darona and A. String represented the project. Staff members present were Carrington, Dallas, Franklin, Greenwood, Grimms, Lallathin, LeBlanc and Lockcuff. Others in attendance were Commissioners Blake and Martinez, E. Beecher, G. Hillary, P. Leckinger, G. Lein and M. Warner. LeBlanc gave a brief overview of the project. Items discussed were: 1) Fire Department requirements; 2) Building Code requirements; 3) Health Department requirements; 4) Grease traps and the increase in water and sewer connection fees because of the change of use; 5) Deliveries to the restaurant; 6) Signage; 7) Parking lot lighting; 8) Dumpster location and screening, 9) Outdoor dining; 10) Pick up window; and, 11) Impact fees. E. Darona, the applicant, briefly discussed his future plans and the operations. The following people spoke in opposition: Leckinger, Martinez, Warner, Beecher and Hillary. Martinez spoke as Commissioner from District 3 and Warner spoke as President of the Tuscawilla Homeowners' Association. 'December 19, 2000 DRC Minutes, Tuscawilla Sales Center Page 2 Items of concern addressed were: I) Parking; 2) Sanitation; 3) Odors; 4) Deliveries; 5) Remove the access from northern way to prevent usage of a small paved area; 6) Traffic; and, 7) Required distance from La Petite Academy to restaurant for alcoholic beverages. A. Stringer spoke in favor of the project and reminded the audience that the subject property was part of the Settlement Agreement. The Settlement Agreement allows the placement of a restaurant at that location. Darona again spoke and stated that he wanted to be a good neighbor and would work with the neighbors to accomplish this. Stringer also agreed to that. Some of the items agreed upon: I) No outdoor dining; 2) Meet all Board of Health requirements; 3) Deliveries to be made in main parking lot with hours of delivery being between 12:00 noon and 3:00 PM; 4) Dumpster to be located on northeast portion of site and access to be from Colt Drive only; 5) Not to have a drive through window; and, 6) Attempt to have a filter/screen which would eliminate the majority of odors. ATTACHMENTD MEMORANDUM TO: Anthony Garganese, City Attorney Charles 4rrington, AICP comm~velopment Director December 20,2000 FROM: DATE: RE: B & E, Inc. On December 19,2000, the DRC considered a request from B. & E., Inc. to convert the existing Tuscawilla Sales Center located at 1301 Winter Springs Boulevard to a restaurant. The zoning is Planned Unit Development with a commercial designation allowing restaurants by right. There was considerable opposition and five (5) people spoke against the proposed use, including Commissioner Martinez. During the discussion Eduard Darona, B. & E., Inc., made several statements and concessions concerning the operation of the facility. I have outlined the abatement of differences and would like to memorialize them in an agreement which B. & E., Inc. would execute prior to commencing design procedures. cc: Ronald W. McLemore, City Manager ~.ii~L.~alanc~:~~~-p~~elQP:meni:J5oord.-J B. & E.. Inc. Agreement Outline . No outside dining is pennitted · No drive through window. Take-out orders shall be picked up inside the restaurant. . The trash dumpster shall be located on the northeast portion of the site and shall be screened with a 6-foot privacy fence and gate. · Access to the dumpster shall be restricted to Colt Drive. . Delivery of supplies shall be restricted to the main parking lot between 12:00 PM and 3:00 PM. . Operational hours for the restaurant shall initially be from 4:00 PM until 10:00 PM Monday -Friday and 12:00 PM until 10:00 PM Saturday and 1:00 PM until 9:00 PM Sunday. Lunch may be added Monday-Friday at a future date. · The restaurant shall use the existing monument sign face and other signs, if any, shall be in confonnance with Chapter 16 of the City Code. · Site lighting shall be as currently exists except for new soft lighting along walkways. · Exhaust filters shall be installed near the cooking units to minimize odors off site. C' LAND DEVELOPMENT STATUS REPORT - 01/04/01 111....j.llI1i.ill.ljlllllllllllllllll,.II.. -- - - ~i~~~i~j~~i~~~~i~i@~~!Ii~!i!i~Im~~~~iiii]~~iijij~I]~~~~~iI~~~i!!!~l~tW First Baptist Intersection of SR 434 and Final Engineering for 50,868 DRC held preliminary Church of Winter SR 4 I 9, south of SR 434 sq ft of building space to be meeting on I 0- 10-00, Springs built m 5 phases which will revlewmg project take approx 5 to 7 years to complete Belfaire (aka East of the Greenewa y Preliminary engmeenng Presented to P&Z on 12-6- Battle Ridge) approximately I mile on submitted for I I 0 lots on 00. Will present to the north side of SR 434 approximately 46 acres Commission on I -8-0 I Tuscany's NE comer intersection of Convert existing sales center DRC held meeting on I 2- Restaurant & Pizza Winter Springs Blvd and to restaurant 19-00. Project approved Northern Way to proceed Tuskawilla Road South of SR 434 and west Site engmeenng submitted DRC held meeting on 1 -2- Project (Town of Tuskawilla Road for 84 lots on approximately 0 1 Center) 34. 7 acres Respite Center North side of Old Site Plan submitted for 2 DRC to meet on 1-16-0 I Sanford/Oviedo Road 5,200 sq ft dormitories and I I 2,985 sq ft core building ( c.