HomeMy WebLinkAbout2014 07 02 Public Hearing 500 Resolution 2014-10 Brownfield Area Designation PLANNING & ZONING BOARD
AGENDA
Consent
ITEM 500 Information
Public Hearing X
Regular
July 2, 2014
Meeting
REQUEST: The Community Development Department—Planning Division requests that the Planning
& Zoning Board consider Resolution 2014-10, which adopts an existing Brownfield Area for real
property recently annexed into the City of Winter Springs.
SYNOPSIS: In accordance with Ordinance No. 2013-12,the City recently annexed real property into
the City of Winter Springs including parcel 26-20-30-5AR-OAO-0080 and parcel 06-21-31-501-03OA-
0000, depicted in Attachment A. Prior to the aforementioned annexation,the property was designated
a Brownfield Area by Seminole County pursuant to Resolution No. 2007-R-233. Upon annexation of
the property,the City agreed to ratify the Brownfield Area designation. Resolution 2014-10 represents
the formal action of recognizing said designation.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
• Applicant name and address and authorized representative:
City of Winter Springs
1126 E. SR 434
• Property owner's name(s):
L .D. Plante INC.
P.O. Box 151117
Altamonte Springs, F132715-1117
• Property addresses:
2950 Railroad Avenue
Winter Springs, F132708
2960 Railroad Avenue
Winter Springs, F132708
July 2,2014
Planning&Zoning Board Agenda,Item 500
Page 2 of 3
• Property Parcel ID numbers:
26-20-30-5AR-OAO-0080 and 06-21-31-501-030A-0000
• Current FLUM Designations:
Town Center
• Current Zoning Designations:
Town Center
• Previously Approved Development permits such as conditional use, waiver, or variance (if
any):
Not applicable
• Development Agreements (if any):
Annexation Agreement by and between the City of Winter Springs and Standard Pacific of
Florida GP, a Delaware Corporation, dated May 12, 2014 as depicted in Attachment B
• Pending Code Enforcement Actions (if any):
Not applicable
• City Liens (if any):
Not applicable
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statute 376.80(2) (a) and 376.80 (2) (b): "Brownfield Program Administrative Process"
DISCUSSION:
In accordance with Ordinance No. 2013-12, the City recently annexed real property into the City of
Winter Springs including parcel 26-20-30-5AR-OAO-0080 and parcel 06-21-31-501-030A-0000. Prior
to the aforementioned annexation,the property was designated a Brownfield Area by Seminole County
pursuant to Resolution No. 2007-R-233. Upon annexation of the property,the City agreed to ratify the
Brownfield Area designation. Resolution 2014-10 represents the formal action of recognizing said
designation.
The Brownfield Area is determined to warrant economic development and has a reasonable potential
for such activities through rehabilitation and job creation, especially since the property has been
annexed and is subject to an Annexation Agreement by and between the City of Winter Springs and
Standard Pacific of Florida GP, a Delaware Corporation, dated May 12, 2014. The rehabilitation ofthe
Brownfield Area will provide for the remediation of a contaminated site that is within the vicinity of a
Greenway Trail right-of-way. L.D. Plante, as property owner of the Brownfield Area, has agreed to
remediate and redevelop the Brownfield Area.
The redevelopment of the proposed Brownfield Area is consistent with the City of Winter Springs
Comprehensive Plan and is a permittable use under the City's land development code. It is understood
that L.D. Plante has a contract to sell the property to Standard Pacific of Florida GP, a Delaware
Corporation, and that upon sale of the property, the contract purchaser, Standard Pacific of Florida, a
July 2,2014
Planning&Zoning Board Agenda,Item 500
Page 3 of 3
Delaware Corporation, would fulfill the responsibilities of L.D. Plante as property owner. Upon
adoption,the City shall notify the Florida Department of Environmental Protection,pursuant to Section
376.80,Florida Statutes, of the City's ratification and designation of the property as a Brownfield Area.
FISCAL IMPACT:
The Brownfield Area is determined to warrant economic development and has a reasonable potential
for such activities through rehabilitation and job creation, especially since the property has been
annexed and is subject to an Annexation Agreement by and between the City of Winter Springs and
Standard Pacific of Florida GP, a Delaware Corporation, dated May 12, 2014. The rehabilitation ofthe
Brownfield Area will provide for the remediation of a contaminated site that is within the vicinity of a
Greenway Trail right-of-way. L.D. Plante, as property owner of the Brownfield Area has agreed to
remediate and redevelop the Brownfield Area. The rehabilitation and redevelopment of the Brownfield
Area will result in economic production in the area and the creation of at least five(5)new permanent
jobs at this particular site, which are full-time equivalent positions not associated with implementation
of the rehabilitation agreement, or with the demolition or construction associated with the
redevelopment agreement.
COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded
to the Planning and Zoning Board members and are available on the City's Website,LaserFiche,and the
City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager;and
City Attorney/Staff. Additionally,the Meeting Agenda has been sent to media/press representatives,all
Homeowner's Associations on file with the City, all individuals who have requested Agenda
information, Department Directors; and also posted outside City Hall; posted inside City Hall with
additional copies available for the general public.
The proposed Resolution was advertised in the Orlando Sentinel on June 19, 2014 as depicted in
Attachment C.
STAFF RECOMMENDATION:
The Community Development Department—Planning Division requests that the Planning & Zoning
Board consider Resolution 2014-10, which adopts an existing Brownfield Area for real property
recently annexed into the City of Winter Springs.
ATTACHMENTS:
A. Resolution 2014-10
B. Annexation Agreement between City of Winter Springs and Standard Pacific of Florida GP
C. Legal Advertisement of Public Hearing, June 19, 2014
Attachment "A"
RESOLUTION NO. 2014- 10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, RATIFYING AND DESIGNATING
REAL PROPERTY GENERALLY DESCRIBED AS PARCEL
26-20-30-5AR-OA00-0080 AND ALL OF PARCEL
06-21-31-501-03OA-0000 AS A BROWNFIELD AREA WITHIN THE
CITY LIMITS OF WINTER SPRINGS FOR THE PURPOSE OF
ENVIRONMENTAL REHABILITATION AND ECONOMIC
DEVELOPMENT; PROVIDING FOR SEVERABILITY, REPEAL
OF PRIOR INCONSISTENT RESOLUTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, in accordance with Ordinance No. 2014----, the City recently annexed real
property into the City of Winter Springs including parcel 26-20-30-5AR-OA00-0080 and parcel
06-21-31-501-030A-0000, depicted in Exhibit A, attached hereto and incorporated herein by
reference("Property"); and
WHEREAS, prior to the aforementioned annexation, the Property was designated a
Brownfield Area by Seminole County pursuant to Resolution No. 2007-R-233; and
WHEREAS, upon annexation of the Property, the City agreed to ratify the Brownfield
Area designation for purposes of the City also taking formal action to recognize said designation;
and
WHEREAS, the City Commission of Winter Springs has reviewed the requirements for
Brownfield Area designation, as specified in Florida Statutes Sections 376.80(2) (a) and 376.80
(2) (b),and concurs with the Seminole County Commission's findings set forth in Resolution No.
2007-R-233 and has determined that the proposed area qualifies for designation as a Brownfield
Area because the following requirements of Florida Statutes Sections 376.80(2)(a) and
376.80(2)(b)have been met:
1. The Brownfield Area depicted in Exhibit A is determined to warrant economic
development and has a reasonable potential for such activities through rehabilitation and job
creation, especially since the Property has been annexed and is subject to that certain Annexation
Agreement by and between the City of Winter Springs and Standard Pacific of Florida GP, a
Delaware Corporation, dated May 12,2014.
2. The Brownfield Area depicted in Exhibit A is focused to a limited geographic area.
3. The rehabilitation and economic development of the Brownfield Area depicted in
Exhibit A is deemed to have sufficient private sector interest in rehabilitating the site.
4. The rehabilitation of the Brownfield Area depicted in Exhibit A will provide for
the remediation of a contaminated site that is within the vicinity of a Greenway Trail right-of-way.
City of Winter Springs
Resolution 2014-_
Page 1 of 3
5. L.D. Plante,as property owner of the Brownfield Area has agreed to remediate and
redevelop the Brownfield Area depicted in Exhibit A.
6. The rehabilitation and redevelopment of the Brownfield Area will result in
economic production in the area and the creation of at least five (5) new permanent jobs at the
Brownfield Area, which are full-time equivalent positions not associated with implementation of
the rehabilitation agreement, or with the demolition or construction associated with the
redevelopment agreement.
7. The redevelopment of the proposed Brownfield Area is consistent with the City of
Winter Springs Comprehensive Plan and is a permittable use under the City's land development
code.
8. Proper notice of the proposed rehabilitation of the Brownfield Area has been
provided to neighbors and nearby residents and published in the newspaper, and L.D. Plante has
provided those receiving notice the opportunity to provide comments and suggestions about
rehabilitation.
9. L.D. Plante has provided reasonable assurance that it has sufficient financial
resources to implement and complete the rehabilitation agreement and redevelop the site; and
10. It is understood that L.D. Plante has a contract to sell the Property to Standard Pacific
of Florida GP, a Delaware Corporation, and that upon sale of the Property, the contract purchaser,
Standard Pacific of Florida GP, a Delaware Corporation, would fulfill the responsibilities of L.D.
Plante as property owner hereunder.
WHEREAS,Seminole County wishes to notify the Florida Department of Environmental
Protection of this designation of Brownfield Area to facilitate environmental rehabilitation and
economic development of such area consistent with Florida Statutes Sections 376.77-376.85; and
WHEREAS,the procedures set forth in Subsections 376.80(1) and 376.80(2) (a), Florida
Statutes, have been followed, and proper notice has been provided in accord with Section 376.80
and Subsection 125.66(4)(b)(2), Florida Statutes.
WHEREAS, the City Commission of the City of Winter Springs deems that this
Resolution is in the best interests of the public health, safety,and welfare of the citizens of Winter
Springs.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS,SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. General Designation. The area depicted on Exhibit A, attached hereto and
incorporated herein by reference, is hereby ratified and designated as a Brownfield Area within the
corporate limits of the City of Winter Springs for environmental rehabilitation and redevelopment
City of Winter Springs
Resolution 2014-
Page 2 of 3
purposes per Sections 376.77 through 376.85,Florida Statutes.
Section 2. Notify DEP. The City shall notify the Florida Department of Environmental
Protection,pursuant to Section 376.80, Florida Statutes, of the City's ratification and designation of
the Property as a Brownfield Area.
Section 3. City Not Liable. The site described in Exhibit "A", attached hereto and
incorporated herein by reference,is hereby ratified and designated as a Brownfield Area for environmental
remediation,rehabilitation and economic development in accordance with the intent of the Brownfields
Redevelopment Act.However,such ratification and designation shall not render the City of Winter Springs
liable for costs of site rehabilitation or source removal,as those terms are defined in Section 37 6.79(17)
and 276.79(18),Florida Statutes,or for any other costs,above and beyond those costs attributable to the
City's role as administrator of a Brownsfield site rehabilitation program.
Section 4. Incorporation of Recitals. The foregoing recitals are deemed true and correct
and are hereby fully incorporated herein by this reference.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior City resolutions or parts of
City resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of 2014.
CHARLES LACEY,Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE,City Attorney
City of Winter Springs
Resolution 2014-
Page 3 of 3
2950 Railroad Avenue Winter Springs,Florida
The M-I zoning area of Parcel ID#26-20-30 5AR-OA00-0080 generally described as follows:
That part of Lot 8 commencing at the Southeast corner of Tuskawilla,according to the Plat of
Mitchell's Survey of the Levy Grant on Lake Jessup,as recorded in Plat Book 1,Page 5,of the
Public Records of Seminole County,Florida,thence North to easterly extension of the northerly
boundary line of Lot 17 of said Tuskawilla,thence East to the westerly boundary line of Rails to
Trails(abandoned CSX Railroad),thence Southeasterly along the westerly boundary line of said
Rails to Trails to a point 654 feet MOL North of the north boundary line of Gardena Farms as
recorded in Plat Book 6,Pages 23 and 24,of the Public Records of Seminole County,Florida,
being the Point of Beginning,thence continuing Southeasterly along said Rails to Trails to north
boundary line of said Gardena Farms,thence Westerly along said northerly boundary line of said
Gardena Farms,633 feet MOL,thence Northerly 654 feet MOL to the Point of Beginning.
2960 Railroad Avenue.Winter Sprinus.Florida
Parcel ID#06 21-31-501-030A-0000,generally described as follows:
A portion of the North%:of Block 3,of Gardena Farms Town Sites as recorded in Plat Book 6,
Page 39,of the Public Records of Seminole County,Florida,as further described as follows:
Commencing at the Northeast corner of Lot 6 of said Gardena Farms,said point being on the
westerly Right of Way line of Tuscawilla Gabriella Road;run thence S 85°51'39"E,702.17
feet,along northerly boundary line of said Gardena Fauns;thence continue S 85°51' 39"E,
590.08 feet along said northerly boundary line to the Northwest corner of said Gardena Farms
Town Sites and being the Point of Beginning;thence S 04°08'41"W,386.72 feet along the
westerly boundary of said Gardena Farms Town Sites;thence S 85°51'39"E,635 feet;thence
N 55°35'50"W,735.15 feet to the Point of Beginning.
EXHIBIT
I - ,q
Brownfield Area
0
a
Site
Parcel ID#:26-20-30-5AR-OA00-0080
M-1 Zoning Area Only
Approximately 4.59 Acres
m
c0
Site
Parcel ID#:.06-21-31-501-030A-0000
Apprcimately 1.86 Acres R� o
s
Poll
0 250 500 1.000 Feet
I r t 1 t t I
L;V%jasmslonrent Dfa mhg p&zWHVY*&u*notdAmv Locator moq.m d AMW 912171007
Attachment 'B'
Prepared by and return to:
Anthony Garganese,Esquire
Brown,Garganese,Weiss&D'Agresta,P.A.
111 N.Orange Avenue,Suite 2000
Orlando,FL 32801
(407)425-9566
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this
12th day of May, 2014 (the "Effective Date") by and between the City of Winter Springs, a
municipal corporation organized and existing under the laws of the State of Florida (hereinafter
the "City") whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and Standard
Pacific of Florida GP, a Delaware Corporation (hereinafter referred to as "Developer") whose
address is , and shall be fully enforceable in accordance with
the terms hereof
WITNESSETH:
WHEREAS, the Developer is the contract purchaser of certain real property
approximately 116 acres in size and located within unincorporated Seminole County, Florida,
and within the City of Winter Springs, Florida, which real property is more particularly described
in EXHIBIT "A" (attached hereto and incorporated herein by reference; said property
hereinafter being referred to as the "Property"); and
WHEREAS, the Developer has represented to the City that it intends to complete the
acquisition of the Property and develop the Property in accordance with the terms and conditions
of this Agreement upon the condition that this Agreement be approved and the City granting the
Future Land Use and Zoning approvals specified in section 3 (a)of this Agreement; and
WHEREAS, a substantial portion of the unincorporated Property has been included into
the City's Town Center Master Plan for future development upon annexation into the City; and
WHEREAS, the Developer desires to annex the portions of the Property located within
unincorporated Seminole County into the City of Winter Springs, which real property is more
particularly described in Exhibit"B" (attached hereto and incorporated herein by reference; said
property hereinafter referred to as the "Annexed Property"), and to aggregate it with the portion
of the Property located within the City of Winter Springs in order to develop the property as one
uniform Town Center development project pursuant to the City's Town Center District Code;
and
WHEREAS, the Developer has participated in the design charette required by the City's
Comprehensive Plan, Future Land Use Element, Policy 2.1.2 for the future development of the
Property which resulted in the Developer proposing the Concept Plan referenced in Section 5 (a)
of this Agreement; and
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WHEREAS, the purpose of this Agreement is to set forth the understandings and
agreements of the parties with respect to the foregoing, and other matters as agreed to and set
forth herein; and
WHEREAS, this Agreement is authorized by, permitted by, and consistent with the
provisions of the City's home rule Charter; the City's Comprehensive Plan; Chapters 163 and
166, Florida Statutes; Article VIII, Section 2b, Constitution of the State of Florida; Chapter 171,
Florida Statutes; and other applicable law, and serves and advances an important public purpose
of expanding the City's existing Town Center, providing good housing opportunities and
economic development; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, and other good and valuable consideration each to the other has provided, the
receipt and sufficiency of which is hereby acknowledged,the parties agree as follows:
I Recitals.
(a) The recitals are adopted as the findings of the City Commission of the
City of Winter Springs, Florida.
(b) The above recitals are true and correct and are incorporated into this
Agreement by reference, and are a material part of this Agreement upon which the parties have
relied, including but not limited to the assertions that the Developer has a contract to purchase
the Property and is empowered to enter into this Agreement and make binding future
commitments for the Property once the Property is acquired by Developer.
2. Annexation.
The Developer and the City agree to pursue annexation of the Annexed Property
into the City of Winter Springs boundaries pursuant to the terms and conditions of this
Agreement and applicable law. Developer agrees that they will not contest or object to the
annexation of the Annexed Property (provided such annexation is consistent with the terms
hereof) and that the parties will fully cooperate with each other to achieve the annexation and
future development of the Property on the terms and conditions set forth herein.
3. Municipal Services.
The City shall provide directly, or through a franchise or contract with another
service provider, police and fire protection, emergency medical services, water and wastewater
services, solid waste collection, disposal and recycling services to the Property and all
improvements from time to time located thereon, on the same terms and conditions and in the
same manner as is afforded to all other similarly situated property owners within the City.
4. Development Conditions—Future Land Use and Zonis Mai).
(a) In order to facilitate the development of the Property, the City agrees,
upon annexation of the unincorporated portions of the Property, to advertise and proceed with
public hearings to amend the former unincorporated portion of the Property's Comprehensive
2
Plan Future Land Use Map designation to City "Town Center" and Official Zoning Map
classification to City"Town Center." In addition, the City shall proceed with further designating
the Town Center Future Land Use Map designation portions of the Property with transect overlay
sub-designations of T3, T4, and T5, as more specifically depicted on the Transect Map attached
hereto and fully incorporated herein as Exhibit "C." The aforementioned comprehensive and
zoning map amendments (inclusive of the transect sub-designations) shall be subject to Florida
law and City Code, and shall be subject to final approval by the City Commission of Winter
Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments
will be approved by the City Commission. Each party will fully cooperate with each other to
achieve the amendments on the terms and conditions set forth herein including, but not limited
to, submitting and executing any applications customarily required by the City. The City may
proceed with the aforementioned public hearings simultaneous to or immediately after the
adoption of this Agreement.
(b) It is understood and agreed that Developer will pay the fees, costs, or
expenses that are customarily charged by the City on account of or in connection with the City's
review and processing of the comprehensive plan and zoning map amendments for the Property;
provided however, that the City shall pay its own attorneys' fees and consulting fees and staff
time, as may be determined to be necessary by the City.
5. Additional Development Conditions. It is the intent of the City and Developer
that the Property be developed as a mixed use development incorporating high end residential
units and compatible commercial uses consistent with the City's Town Center goals, policies and
objectives set forth in the City's Comprehensive Plan and Town Center District Code. It is
further understood and agreed by the parties that in order to facilitate such development of the
Property,the following development conditions shall apply:
(a) Maximum Residential Units and Density; Commercial Development.
The parties agree that subject to applicable law, the maximum number of residential units that
can be developed on the Property is four hundred fifty (450) units, and the maximum density for
the Property shall not exceed four (4) units per gross acre. The Property will generally be
developed in accordance with the Concept Plan attached hereto as Exhibit "W" to final
engineering approval in accordance with the applicable provisions of the City Code. In addition,
land shall be set aside for future commercial development on the portion of the Property
identified as "commercial" on the said Concept Plan.
(b) Town Center Development Project. The parties agree that the Property
will be incorporated into the City's Town Center and developed as a Town Center development
project, regardless of the underlying future land use designation and zoning classification of the
Property.
(c) Property Currently Located within the Citv. The parties acknowledge that
portions of the Property are currently located within the City of Winter Springs and have a Low
Density Residential Future Land Use designation and a Planned Unit Development zoning
classification. A future land use and zoning map amendment is not contemplated nor required
for this portion of the Property. However, in order to incorporate this Property into the proposed
Town Center project in a unified manner, the parties agree that this Property shall be governed in
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all respects by the City's Town Center District Code as if this portion of the Property was zoned
Town Center.
(d) Vacation of Old SR 434 Right-of--Way. The City agrees to provide
Developer assistance and support in order to facilitate the vacation, by the State of Florida, of the
old State Road 434 right-of-way as generally depicted on Exhibit "E," which is attached hereto
and incorporated herein by this reference. The City's support and assistance will be in
accordance with law.
(e) Vacation of Other Rights-of-Way. The parties acknowledge that during
the development of the Property, Developer will design and dedicate certain public rights-of-way
to the City in accordance with a right-of-way master plan approved by the City. To the extent
that the Property is encumbered with existing rights-of-way that do not support the right-of-way
master plan, the City will support the vacation of the existing rights-of-way (subject to
reservation of utility casements if necessary) that are inconsistent with the master plan and no
longer needed for the development in accordance with the requirements of law.
(f) Future Development Agreement. The parties acknowledge and agree
that this Annexation Agreement only addresses preliminary matters for the annexation and future
development of the Property within the City. The parties contemplate as the Developer proceeds
through the City's development review process to obtain a development order(s) for the Property,
the parties will need to negotiate and prepare a more detailed development agreement that will
more specifically sets forth the parties obligations and requirements for the development of the
Property.
(g) Approval of Brownfield Area. The parties acknowledge that a
portion of the Property identified on Exhibit "F" attached hereto is a designated Brownfield
Area pursuant to Resolution No. 2007-R-233 ("County Resolution") adopted by Seminole
County, Florida on December 11, 2007. The City hereby approves the Property as a Brownfield
Area and adopts the County designation as sufficient for City Brownfield designation, pursuant
to Florida Statute § 376.80, and agrees to adopt a similar City resolution ratifying the designation
within the jurisdictional limits of the City to the extent deemed necessary by the parties or the
State of Florida. The ratification of the Brownfield Area shall occur within thirty (30) days of
the annexation of the unincorporated portions of the Property becoming effective and shall be
subject to the procedure and requirements of Section 376.80, Florida Statutes. Further, the
Developer may, in the future, request that the City authorize an expansion of the Brownfield
Area to include a small portion of property that Developer's due diligence environmental report
may indicate contains contaminated soil impacts. Upon receipt of such request from the
Developer in writing, the City shall pursue the adoption of a resolution approving the expansion
in accordance with Section 376.80, Florida Statutes.
6. Notice of Property Acquisition, Duty To Cooperate.
(a) The parties agree to cooperate at all times, in a timely manner, and in good
faith regarding the implementation of this Agreement. This cooperation shall extend to the
granting by the City and the acquisition by the Developer, of applicable necessary municipal
permits and development orders, and the Developer shall diligently process and seek the receipt
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of, and shall use reasonable legal means, to obtain all necessary state, municipal, federal permits,
development orders, licenses, easements and other approvals or rights in connection with the
development of the Property in accordance with this Agreement and applicable land use, zoning,
land development, building and construction regulations.
(b) Within five (5) days of acquiring title to the Property, Developer shall
provide the City and the City Attorney with written notice of acquisition so this Agreement may
be recorded in accordance with Paragraph 14 of this Agreement.
7. Further Assurances. In addition to the acts recited in or set forth in this
Agreement, the parties agree to perform or cause to be performed in a timely manner, any and all
further acts as may be reasonably necessary to implement the provisions of this Agreement,
including but not limited to the execution and/or recordation of further instruments; provided
however that the City's obligation shall be subject to such limitations of law as may be
applicable to municipalities.
8. Limitations of Remedies. The parties hereby agree not to pursue an award of
monetary damages for a breach by or non-performance of the other party under this Agreement.
The only remedies of the other party available against the non-performing party under this
Agreement shall be either to withhold further performance under the Agreement until the non-
performing party cures the non-performance, or to seek a court order from the Circuit Court of
the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non-performing
party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be
construed to limit the right of either party to pursue any and all available remedies if any, under
non-tort or constitutional law relating to a party's non-performance under the Agreement so long
as damages are not sought. The City will not waive sovereign immunity and does not waive
sovereign immunity to any extent by reason of this Agreement, and in the event Developer seeks
any relief against the City,the City may rely on any available defense arising out of its sovereign
immunity. In the event a court order is issued declaring non-performance by either party,the non-
performing party shall be required to reimburse the other party any actual and reasonable
expenses incurred as a result of the breach (excluding attorney's fees and legal costs).
9. Disclaimer Of Third Party Beneficiaries. This Agreement is solely for the
benefit of the formal parties to this Agreement and no right or cause of action shall accrue by
reason hereof to or for the benefit of any third party that is not a formal party hereto. Nothing in
this Agreement, express or implied, is intended to be nor shall be a conferring upon or giving any
person or entity any right, remedy or claim by reason of this Agreement or any provisions or
conditions hereof, including any provisions or conditions hereof that may be implied or
suggested in equity, and only the express parties to this Agreement and their respective
designated representatives, successors and assigns shall have any rights under this Agreement.
10. Time Is Of The Essence. The parties agree that they shall diligently and
expeditiously pursue their respective obligations.
11. Successors and Assigns. Developer may assign the rights under this Agreement
to another party by written instrument, provided the assignee shall expressly agree under said
instrument to be bound by the terms and conditions of this Agreement. Within three (3) days of
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any such assignment, the Developer and assignee shall provide the City with a copy of the
written assignment instrument. This Agreement and the terms and conditions hereof shall be
binding upon and inure only to the benefit of the City and the Developer, and their respective
successors in interest.
12. Applicable Law, This Agreement and the provisions herein shall be construed,
controlled and interpreted according to the laws of Florida.
13. Binding Effect. Each party represents to the other it has undertaken all necessary
actions to execute this Agreement and has the legal authority to enter this Agreement and to
undertake all obligations imposed on it.
14. Recording; Termination for Failure to Timely Acquire Property. Upon
Developer's execution of this Agreement and the City receiving the written notice of acquisition
from the Developer pursuant to Paragraph 6 (b) of this Agreement, the City shall, at its sole cost
and expense, record a fully executed copy of this Agreement in the Public Records of Seminole
County, Florida. In the event the City does not receive written notice of acquisition from the
Developer within one (1) year from the date that the last party to this Agreement executes the
same, this Agreement shall automatically be deemed null and void and terminated unless the
parties mutually agree to additional time to permit Developer to acquire the Property under the
terms and conditions of this Agreement.
15. Venue. Any and all actions or proceedings arising out of or related to this
Agreement or brought to enforce or interpret this Agreement, shall be brought exclusively and
solely in the court of appropriate jurisdiction in Seminole County, Florida.
16. Construction Or Interpretation Of the Agreement. This Agreement is the
result of bona fide arm's length negotiations between the parties and all parties have contributed
substantially and materially to the preparation of the Agreement and were represented by
counsel. Accordingly, this Agreement shall not be construed or interpreted more strictly against
one party as against the other party.
17. Development Permits. Nothing herein shall limit the City's authority to grant or
properly deny any development permit applications or requests subsequent to the effective date
of this Agreement. The failure of this Agreement to address any particular City, County, State
and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Developer is in breach of any term or condition of this Agreement.
18. Attorneys' Fees and Costs. In the event of a dispute regarding this Agreement,
the parties shall bear their own attorneys' fees and legal costs and neither shall be responsible to
pay the other's legal fees.
6
19. Caption/Exhibits.
(a) The headings or captions of the sections and subsections contained in this
Agreement are for convenience and reference only, and do not, in themselves, have any legal
significance and shall not be afforded any.
(b) The exhibits to this Agreement are hereby incorporated into this
Agreement and are an integral part of this Agreement. In the event of any conflict between the
Agreement and any exhibit, the terms of the Agreement shall govern and control except with
respect to the legal description or description of the Property, in which case the correct statement
in an exhibit will control over the Agreement, but only if the description in the exhibit is
determined to be accurate.
20. Parties Bound. Following the recordation of this Agreement, the benefits and
burdens of this Agreement will become a covenant running with the title to the Property and all
parts and parcels thereof, and this Agreement shall be binding upon and will inure to the benefit
of both the City and Developer, and the assigns and successors in interest to the Property and all
parts and parcels thereof.
21. Severability. If any provision of this Agreement is held to be unlawful by a court
of competent jurisdiction, the unlawful portion shall be deemed separate and distinct, and the
same shall not affect in any respect whatsoever the validity or enforceability of the remainder of
the Agreement. However, if the portion found to be unlawful results in the loss of a material
benefit by the owner as a result of the excising or removal of such unlawful provision, then the
Developer may terminate the Agreement.
22. Notices. Any notice delivered shall be in writing and shall be deemed to be
delivered (whether or not actually received) when it is hand delivered to the official hereinafter
designated; upon receipt of such notice when deposited in the United States Mail, postage
prepaid, certified mail return receipt requested; or upon receipt of such notice when deposited
with Federal Express or other nationally recognized overnight or next day courier, addressed to
the parties as follows:
To Developer:
With a copy to:
To City: Kevin Smith
City Manager
City of Winter Springs
1126 East State Road 434
7
Winter Springs, Florida 32708
Telephone: (407) 327-5957
Fax: (407) 327-4753
With a copy to: Anthony A. Garganese
Brown, Garganese, Weiss &D'Agresta, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407)425-9566
Fax: (407)425-9596
23. Entire Agreement. This Agreement constitutes the complete and entire
agreement between the parties with respect to the subject matter hereof and it supersedes all prior
agreements, arrangements or understandings,whether oral or written.
24. Modification. This Agreement may not be amended, changed or modified nor
may any material provisions hereunder be waived, except by a written document of equal dignity
signed by the Developer and the City after approval by the City's City Commission at a public
meeting.
25. Counterparts. The Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which taken together shall constitute one
and the same document.
WHEREFORE, the parties hereto have caused these presents to be signed all as of the
date and year first above written.
WITNESSES: DEVELOPER:
Standard Pacific of Florida GP, a Delaware
Corporation
Printed Name of Witness
By:
Its President
Printed Name of Witness
8
ATTEST (Sea]): CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
By:
ANDREA LORENZO-LUACES By:
City Clerk CHARLES LACEY
Mayor
APPROVED AS TO FORM AND
LEGALITY FOR THE CITY OF WINTER
SPRINGS ONLY:
ANTHONY A.GARGANESE,CITY ATTORNEY
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2014,by , as of Standard Pacific of Florida GP, a Delaware
corporation who is personally known to me or who has produced
as identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed,printed or stamped)
Notary Public, State of Georgia
Commission No.:
My Commission Expires:
9
Exhibit"A"
The Property
10
EXHIBIT"A"
LEGAL DESCRIPTION (PER TITLE COMMITMENT):
PARCELS 1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 17 and Portions of Lot 1, 22, 23, 24 and the platted
roads, Gardena Farms, as recorded in Plat Book 6,pages 23 through 24, of the Public Records of
Seminole County, Florida,together being described as follows:
A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a
portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public
Records of Seminole County, Florida,being more particularly described as follows:
BEGINNING at the Northwest corner of Lot 51, Tuscawilla Unit 9, as recorded in Plat Book 24,
pages 72-73 of the Public Records of Seminole County, Florida; thence run South 00°44'58"
East, along the Westerly line of said Tuscawilla Unit 9, also being the Easterly line of Gardena
Farms Town Sites as recorded in Plat Book 6, Page 39 of the Public Records of Seminole
County, Florida, for a distance of 545.59 feet to the a point on the Northerly line of said
Tuscawilla Unit 9, also being the Northerly line of Casa Park Villas Phase II and its Westerly
extension; thence run North 85°40'44" West along said Northerly lines and said Westerly
extension for a distance of 2372.28 feet; thence run North 04°17'16" East for a distance of
1404.44 feet; thence run North 85°44'34" West for a distance of 701.01 feet to a point on the
Easterly right of way line of Tuskawilla Road; thence run North 13°13'34" East, along said
Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave
Westerly, having a radius of 5813.47 feet, a chord bearing of North 11'19'20" East and a chord
distance of 382.08 feet; thence run Northerly along the arc of said curve, and said Easterly right
of way line, through a central angle of 03°45'59" for an are distance of 382.15 feet to the point of
compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord
bearing of North 11°19'33" East and a chord distance of 3 74.8 6 feet; thence run Northerly along
said curve and said Easterly right of way line, through a central angle of 03 146'24" for an are
distance of 374.93 feet to the point of tangency; thence run North 13°13'03" East, along said
Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of
way line,run South 87 058'44" East for a distance of 511.70 feet to the Westerly right of way line
of the unnamed street as shown in said Plat Book 1, page 5; thence run South 87°1 T59" East for
a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02 041'54"
East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North
87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the
unnamed street; thence departing said Westerly right of way line, run North 81'23'14"West for a
distance of 188.75 feet; thence run North 11°14'43" East for a distance of 4795 feet; thence run
North 74°48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of
Tuskawilla Road, said point being on a curve, concave Easterly, having a radius of 5677.58 feet,
a chord bearing of North 1413720" East and a chord distance of 240.25 feet; thence run
Northerly along the are of said curve, and said Easterly right of way line, through a central angle
of 02°25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line,
run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right
of way line of the unnamed street; thence run South 87'17'34" East for a distance of 30.00 feet to
a point on the Easterly right of way line of the unnamed street; thence run South 02°42126" West,
along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said
Easterly right of way line, run South 87°58'38" East for a distance of 142.88 feet to a point on
the Westerly right of way line of the Rails to Trails, said point also being a point on a curve,
concave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04°25'42" East and a
chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly
right of way line, through a central angle of 04'1 F32" for an arc distance of 293.27 feet to the
point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a
chord bearing of South 15°30'27" East and a chord distance of 689.06 feet; thence run Southerly
along the arc of said curve, and said Westerly right of way line, through a central angle of
173734" for an arc distance of 691.79 feet to the point of compound curvature of a curve,
concave Northeasterly, having a radius of 1915.35 feet, a chord bearing of South 370513" East
and a chord distance of 846.86 feet; thence run Southeasterly along the are of said curve, and
said Westerly right of way line, through a central angle of 25°32'38" for an arc distance of
85391 feet; thence run North 37 008128" East, along said Westerly and Southerly right of way
line, for a distance of 19.99 feet; thence run South 52°44'55" East, along said Westerly and
Southerly right of way line, for a distance of 236.35 feet; thence run South 38°13'59" West,
along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run
South 55°27'26 East, along said Westerly and Southerly right of way line, for a distance of
1415.48 feet to the POINT OF BEGINNING.
Containing 3,873,017 square feet, or 88.91 acres, more or less.
AND
Parcels 4, 5, 9, and 10, together being described as follows:
A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, all of
the Public Records of Seminole County, Florida,being more particularly described as follows:
BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat
Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run
thence run South 00°4533" East along the Westerly line of said Reserve at Tuscawilla, Phase II,
also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat
Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of
810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence
departing said West line and said East line, run North 55°28'13" West along said Northeasterly
right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave
Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a
chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said
Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of
986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South
85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434; thence run South 41°02'40" East along said Southerly right of way line for a distance
of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a
chord bearing of South 56°12'43" East and a chord distance of 373.78 feet; thence run
Southeasterly along the are of said curve, and said Southerly right of way line, through a central
angle of 07°08'50" for an arc distance of 374.02 feet; thence departing said curve, run North
30°12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a
curve, concave Northeasterly, having a radius of 2983.40 feet, a chord bearing of South
61'27'48" East and a chord distance of 174.69 feet; thence run Southeasterly along the are of
said curve, and said Southerly right of way line, through a central angle of 03°21'20" for an arc
distance of 174.72 feet; thence departing said curve, run South 04°13'03" West, along said
Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old
State Road 434; thence run South 31°20'20" West for a distance of 30.00 to the Centerline of
said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40
feet, a chord bearing of South 76°03'01" East and a chord distance of 347.22 feet; thence run
Easterly along the arc of said curve, and said Centerline, through a central angle of 34°44'53" for
an arc distance 352.60 feet; thence departing said curve, run South 02°25'12" East for a distance
of 29.86 feet to the POINT OF BEGINNING.
LESS AND EXCEPT that portion of Old State Road 434 as shown on the Florida Department of
Transportation Right of Way Map Section 77070-2517.
Containing 1,207,960. square feet, or 27.73 acres, more or less.
AND
Parcel 15, also being described as follows:
A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5, of the Public Records of Seminole County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in
Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run
thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla, Phase 11,
also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat
Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of
810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence
departing said West line and said East line, run North 55°28'13" West along said Northeasterly
right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave
Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a
chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said
Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of
986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South
85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434; thence continue South 85°45'55" East for a distance of 279.36 feet to a point on the
Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence
departing said Southerly right of way line, run South 85°45'55" East for a distance of 242.50
feet; thence run South 04°13'03" West for a distance of 132.06 feet to a point on the aforesaid
Northerly right of way line, said point also being a point on a curve, concave Northeasterly,
having a radius of 2853.40 feet, a chord bearing of North 60°55'00" West and a chord distance of
112.65 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of
way line, through a central angle of 02°15'44" for an are distance of 112.66 feet; thence
departing said curve, run North 30°12'52" East, along said Northerly right of way line, for a
distance of 10.00 feet to a point on a curve, concave Northeasterly, having a radius of 2843.40
feet, a chord bearing of North 58°08'24" West and a chord distance of 163.31 feet; thence run
Northwesterly along the arc of said curve, and said Northerly right of way line, through a central
angle of 03°17'29" for an are distance of 163.34 feet to the POINT OF BEGINNING.
Containing 16,374 square feet, or 0.38 acres,more or less.
Exhibit "B"
Annexed Property
11
EXHIBIT"B"
LEGAL DESCRIPTION (PER TITLE COMMITMENT):
PARCELS 7, 8, 12, 14, and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6,
pages 23 through 24, of the Public Records of Seminole County, Florida,together being
described as follows:
A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5, and
a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of
Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of
Seminole County, Florida, being more particularly described as follows:
COMMENCING at the Northwest corner of Lot 51,Tuscawilla Unit 9, as recorded in Plat Book
24,pages 72-73
of the Public Records of Seminole County, Florida; thence run North 55°27'26"West, along the
Westerly right of way line of Rails to Trails, as recorded in Official Records Book 3177,Page
632 of the Public Records of Seminole County,Florida, for a distance of 595.66 feet to the
POINT OF BEGINNING; Thence departing said Westerly right of way line run South 24'1513 911
West, along the Westerly line of Lot 1, Block 1, Gardena Farms Town Sites, as recorded in Plat
Book 6,page 39 of the Public Records of Seminole County, Florida, for a distance of 86.39 feet;
thence run South 09°45'37" West for a distance of 55.07 feet to a point on the Southerly right of
way line of Railroad Avenue, as shown on the said Plat of Gardena Farms Town Sites; thence
run North 55°27'26"West, along said Southerly right of way line, for a distance of 636.73 feet to
a point on the South line of the North 112 of Block 3 of said Gardena Farms Town Sites;thence
departing said Southerly right of way line,run North 85°4244" West, along said South line of
the North 1/2 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3;
thence departing said South line, run North 04°17'16" East, along said West line, for a distance
of 377.73 feet to the North line of said Gardena Farms Town Sites; thence departing said West
line, run North 85°44'34" West, along said North line, for a distance of 1291.09 feet to a point on
the Easterly right of way line of Tuskawilla Road; thence run North 13°13'34" East, along said
Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave
Westerly,having a radius of 5813.47 feet, a chord bearing of North 11'19'20" East and a chord
distance of 382.08 feet; thence run Northerly along the arc of said curve, and said Easterly right
of way line, through a central angle of 03°4559" for an are distance of 382.15 feet to the point of
compound curvature of a curve, concave Easterly,having a radius of 5693.21 feet, a chord
bearing of North 11°1 9'33" East and a chord distance of 374.86 feet; thence run Northerly along
said curve and said Easterly right of way line,through a central angle of 03°46'24" for an are
distance of 374.93 feet to the point of tangency; thence run North 13°13'03" East, along said
Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of
way line,run South 87°5844" East for a distance of 511.70 feet to the Westerly right of way line
of the unnamed street as shown in said Plat Book 1,page 5; thence run South 87°17'59"East for
a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02°41'54"
East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North
87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the
unnamed street; thence departing said Westerly right of way line,run North 81°23'14" West for a
distance of 188.75 feet; thence run North 119443" East for a distance of 47.95 feet; thence run
North 74°48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of
Tuskawilla Road, said point being on a curve, concave Easterly,having a radius of 5677.58 feet,
a chord bearing of North 14°37'20" East and a chord distance of 240.25 feet; thence run
Northerly along the are of said curve, and said Easterly right of way line, through a central angle
of 02°25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line,
run South 87°58'38"East for a distance of 369.67 feet to a point on the aforesaid Westerly right
of way line of the unnamed street; thence run South 87°17'54"East for a distance of 3 0.00 feet to
a point on the Easterly right of way line of the unnamed street; thence run South 02°42'26"West,
along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said
Easterly right of way line,run South 87°58'38" East for a distance of 142.88 feet to a point on
the Westerly right of way line of the Rails to Trails, said point also being a point on a curve,
concave Easterly,having a radius of 4008.02 feet, a chord bearing of South 04°2542" East and a
chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly
right of way line,through a central angle of 04°11'32" for an are distance of 293.27 feet to the
point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a
chord bearing of South 15°30'27" East and a chord distance of 689.06 feet; thence run Southerly
along the arc of said curve, and said Westerly right of way line,through a central angle of
17°37'34" for an are distance of 691.79 feet to the point of compound curvature of a curve,
concave Northeasterly, having a radius of 1915.35 feet, a chord bearing of South 37°05'33" East
and a chord distance of 846.86 feet; thence run Southeasterly along the arc of said curve, and
said Westerly right of way line,through a central angle of 25°32'38" for an arc distance of
853.91 feet; thence run North 37°08'28" East, along said Westerly and Southerly right of way
line, for a distance of 19.99 feet; thence run South 52°44'55" East, along said Westerly and
Southerly right of way line, for a distance of 236.35 feet; thence run South 38°13'59" West,
along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run
South 55°27'26" East, along said Westerly and Southerly right of way line, for a distance of
819.82 feet to the POINT OF BEGINNING.
Containing 1,517,496 square feet,or 34.84 acres, more or less.
Parcels 4, 5, 9, and 10,together being described as follows:
A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5, and
a portion of Gardena Farms Town Sites, as recorded in Plat Book 6,Page 39, all of the Public
Records of
Seminole County, Florida,being more particularly described as follows:
BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat
Book 50, Pages 3 through 9 of the Public Records of Seminole County,Florida.; thence run
thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II,
also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat
Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of
810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence
departing said West line and said East line,run North 55°28'13" West along said Northeasterly
right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave
Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°5347" West and a
chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said
Northeasterly right of way line, through a central angle of 31°07'19" for an arc distance of
986.06 feet; thence departing said curve, and said Northeasterly right of way line,run South
85°45'55"East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434; thence run South 41°02'40" East along said Southerly right of way line for a distance
of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a
chord bearing of South 56 112'43" East and a chord distance of 373.78 feet; thence run
Southeasterly along the arc of said curve, and said Southerly right of way line,through a central
angle of 07°08'50" for an arc distance of 374.02 feet; thence departing said curve,run North
30'12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a
curve, concave Northeasterly,having a radius of 2983.40 feet, a chord bearing of South
61'27'48" East and a chord distance of 174.69 feet; thence run Southeasterly along the are of
said curve, and said Southerly right of way line,through a central angle of 03°21'20" for an arc
distance of 174.72 feet; thence departing said curve, run South 04°13'03" West, along said
Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old
State Road 434; thence run South 31°20'20" West for a distance of 30.00 to the Centerline of
said right of way, said point also being on a curve, concave Northerly,having a radius of 581.40
feet, a chord bearing of South 76°03'01"East and a chord distance of 347.22 feet; thence run
Easterly along the arc of said curve, and said Centerline, through a central angle of 34°44'53" for
an arc distance 352.60 feet; thence departing said curve, run South 02°25'12" East for a distance
of 29.86 feet to the POINT OF BEGINNING.
LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of
Transportation Right of Way Map Section 77070-2517.
Containing 1,207,960. square feet, or 27.73 acres,more or less.
Parcel 15, also being described as follows:
A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1,
Page 5, of the Public Records of Seminole County, Florida,being more particularly described as
follows:
COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in
Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County,Florida; thence run
thence ran South 00 045'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II,
also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat
Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of
810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence
departing said West line and said East line, run North 55°28'13" West along said Northeasterly
right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave
Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a
chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said
Northeasterly right of way line, through a central angle of 31°07'19" for an are distance of
986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South
85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434; thence continue South 85°45'55"East for a distance of 279.36 feet to a point on the
Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence
departing said Southerly right of way line, run South 85°45'55" East for a distance of 242.50
feet; thence run South 04°13'03" West for a distance of 132.06 feet to a point on the aforesaid
Northerly right of way line, said point also being a point on a curve, concave Northeasterly,
having a radius of 2853.40 feet, a chord bearing of North 60°55'00" West and a chord distance of
112.65 feet; thence run Northwesterly along the are of said curve, and said Northerly right of
way line,through a central angle of 02°15'44" for an arc distance of 112.66 feet; thence
departing said curve, run North 30012'52" East, along said Northerly right of way line, for a
distance of 10.00 feet to a point on a curve, concave Northeasterly,having a radius of 2843.40
feet, a chord bearing of North 58°08'24"West and a chord distance of 163.31 feet; thence run
Northwesterly along the are of said curve, and said Northerly right of way line,through a central
angle of 03°17'29" for an arc distance of 163.34 feet to the POINT OF BEGINNING.
Containing 16,374 square feet, or 0.38 acres,more or less.
Exhibit "C"
Proposed Town Center Transect Map
12
1 `Plante Property
EXHIBIT"C"
Boulevard Extension
Cross Seminole Trail
Town
Center
T4 Town Center Town C
�� +v� + ` •`rte.
Weis. !P� T3 73 F Town
Center Town Center
City of Winter Springs
Low Density V;
* Residential
PUD Zoning
Town Cei6ter Overlay
{1� y
Exhibit "D"
Concept Plan
13
CONCEPT PLAN y
Site Data
min 56 d.
Road Type Legend
Edge Drive
6 Neighborhood Street
Neighborhood Lane
t
3
• i 6 r
y`■
5
�.r...
r.
kin *- aw �',�..:�.,,•.► "" 5 l��rx� '!� = g � � ' '�
h�.n ei..de�v. f�� +�''�r�y°c ``yl�•.�.n��j'� c: �'� _..� l.!a' � '.
�i scnem ! -'�f�� �mil. .F��� •�:1�� ^�4 s.� `c� L< <�•T'_ !�,
Exhibit "E"
Depiction of Old SR 434
14
EXHIBIT E
A
rp Existing City 8-inch '
-N# t <
Old SR 434-City
has interest in this
land,not to ie
reserved for public
purpose
I Rp o
q �
305 308 310 312
(y Gardena Avenue- 304 -
City has interest ir:
this land with a
Ct�QS public purpose as 307 309 311
ss �Q roadway 302 303
300
200 301
r rn MR
Exhibit"F"
Existing Brownfield Area
15
EXHIBIT "F"
2950 Railroad Avenue,Winter Springs,Florida
The M-1 zoning area of Parcel IDN 26-20-30 5AR-OA00-0080 generally described as follows:
That part of Lot 8 commencing at the Southeast corner of Tuskawilla,according to the Plat of
Mitchell's Survey of the Levy Grant on Lake Jessup,as recorded in Plat Book 1,Page 5,of the
Public Records of Seminole County,Florida,thence North to easterly extension of the northerly
boundary line of Lot 17 of said'Tuskawil[a,thence East to the westerly boundary line of Rails to
Trails(abandoned CSX Railroad),thence Southeasterly along the westerly boundary line of said
Rails to Trails to a point 654 feet MOL North of the north boundary line of Gardena Farms as
recorded in Plat Book 6,Pages 23 and 24,of the Public Records of Seminole County,Florida,
being the Point of Beginning,thence continuing Southeasterly along said Rails to Trails to north
boundary line of said Gardena Farms,thence Westerly along said northerly boundary line of said
Gardena Farms,633 feet MOL,thence Northerly 654 feet MOL to the Point of Beginning.
2960 Railroad Avenue.Winter Springs,Florida
Parcel IDLE 06 21-31-501-030A-0000,generally described as follows:
A portion of the North Y2 of Block 3,of Gardena Farms Town Sites as recorded in Plat Book 6,
Page 39,of the Public Records of Seminole County,Florida,as further described as follows:
Commencing at the Northeast corner of Lot 6 of said Gardena Farms,said point being on the
westerly Right of Way line of Tuseawilla Gabriella Road;run thence S 85°51'39"E,702.17
feet,along northerly boundary line of said Gardena Farms;thence continue S 85°51' 39"E,
590.08 feet along said northerly boundary line to the Northwest corner of said Gardena Farms
Town Sites and being the Point of Beginning;thence S 04°08'41"W.386.72 feet along the
westerly boundary of said Gardena Farms Town Sites;thence S 851 51' 39"la,635 feet;thence
N 550 35' 50"W,735.15 feet to the Point of Beginning.
EXHIBIT
F
;3
Brownfield Area
0
t�
i;
� a
m
I
- f
t
Site
Parcel IQ 4:26-20-30-5AR-OA00-0060
M-1 Zoning Area Only
Approximately 4.59 Acres
0
4
Site
Parcel ID#: 06-21-31-501-030A-0000
—� Approirnately 1.86 Acres
R��`v' o1.aSa
0 250 500 1,000 Feet
I
l Nhlrna-�iryrn•nl F�nrnvy PAZW-1'"Are eland Area to-.n.�r i^up n�xC AMtY7121f1 pf7
Clandoen`tlnel Th(tYf � D14 s
A
Attachment "C"
t+IOTCE fS'HC*REBY bION Tt ,T
i
T?4DE PLAFININ, SzONING i
I�OARD ANA CITY CoMMlsssaN
PROP-SET
O,,l4DOPT y
THE I=OLLS�VVIAIG -
F3eSO4 UXIOPI NO`2Q14-10 j
RESO.uTlonl of THE CI'I CbAfNIS510N >JF
CITY aF; +In�T1= S� I I S W6 kh0"Y Flo
DESIGNATIN E EA1M PROPERTY ENERALLL �tFSCRIBEI '
......ARC L 00 tH�BQ L«A4L 3F i4RCEt : 1
&21 31,5 OJDA-000O
g1� SAl4YI�FIELDARE1NfT11N
THE CITY LIMITS F_W I ER SPAtFDGS bR #iE l? RPOSE
En±uLRO»MEnITAI. RSHA151f.fTA'RQi!f AND fE�oNOi�llc �;
REVEL,Dt�115�1 , 13S?1I1N�'e �TTi1iR14BIL1>�1�, 3r
JE& fpLilt>R LNCOI�SISTEMT VSQL UT C?NS, i�ICf A
FFECTII(f�DRT
Int
�a
InJ
ri
7
PL�1i111+11NO tfc �,?Nl1�Cz I OARQ 1?jj8LjC}3 Af;lh@G Vd1L1 S
IiELDOt EpA SDIAY,.tUL 2,201 A7� 3t)�IUk.QRSOO�I
THEREAFTER`.INITW COMMISSION C1iAMBERS LOCATED `
AT IIVI ii SPAINGS CITY HAt,I 1126 EAST Oxta,:
61NI R SPI1NGS, LORIt�A
CITY COMMISSION ADOPTION IJBLIC lif=ARIPIGI�lII.L SIv
IiELD,t3t+l tJ1ONb"AY;JULY`28;2014 AT 5:15,8 A:,OIi SOOP1
THEREAFTL R IN THE,CCf &ItSIQN CHAMBERS LOCATE I3.
AT VdIN?ER'EPRINGS.,CITY HALL '!126 EAST'S?ATE ROAD
43 k4IIN7ER'SPRIt�;S,1=1 ORl�1A
The proposes#`resolution end,complete,fegal despl oll"
metes,and.bounds may be,obtarried`by Interested;partios
betweer B am.aracl'a p.m,Mondaythrough Friday from the
,office of the Gtj±,.Cferk,,locatetl at 1126"'E.SR:934;Winter ,
Springs,;Florida.Fcir more Information,half{407)327-180p#227."
petsotis wrth disabilities needing assistance#o participate In any
of these proc6eK rigs,should cor�lact the Errfplojree Relations
:60partmentPoordin-ator,48 hours in"advance oitlie meeting at
L907)52 -1800,#236.This is a public hearing,interested parfes
are advised that f hey may,appear.at the meeting,arcs!be heaif
with respect iA Uie proposed ordfnahce.If you ctecitle to appi3al
ariy recum"rnendation of decfs'ion made by the City Commission
With respect to ar3y matter cdnsidered.at this kneeing,You Wlf,
need a record of the proceedings,,and for such purposes,you
may need to ensure that a verbatim record of the proceedings W
made upon which the appeal is based.
w