HomeMy WebLinkAboutTuscawilla Planned Unit Development-1990 77
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0/4c)t SETTLEMENT AGREEMENT AND ...
AMENDMENT TO ANNEXATION ORDINANCE NO. 64 ,
THE TUSCAWILLA PLANNED UNIT DEVELOPMENT,
MASTER PLAN FOR THE AND RELATED MATT MATTERS
UNIT DEVELOPMENT
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" ) .
W I T N E S S E T H:
L.__ r�
!tr ° the Village of North Orlando,
N WHEREAS,pre, cn October 11 , 1971, 9
Florida, predecessor to the City, adopted Ordinance No. 64 (the
which Annexation Ordinance annexed
"Annexation Ordinance" ) ,
�_ ;�,-, certain property comprising what is commonly known as the
" Tuscawilla Planned Unit Development ( the "Tuscawilla PUD" ) into
". the Village of North Orlando, Florida; and
to WHEREAS, the Tuscawilla PUD originally consisted of
approximately 3, 500 acres and was approved for development of
9 ,747 total dwelling units; and
WHEREAS, the Annexation Ordinance provided for the
development of the Tuscawilla PUD based upon an overall
sl'_1 development plan and set forth requirements for open space,
recreation space and other development matters ; and
WHEREAS, subsequent to the Annexation Ordinance, the
Tuscawilla PUD was developed in accordance with the approved
overall development plan, subject to certain amendments which
redesignated uses of several parcels within the Tuscawilla PUD,
..-- all of which amendments were in compliance with the overall
Tuscawilla PUD concept and approvals in effect , and were
effectuated in order to better utilize open space and allocate
densities within the Tuscawilla PUD; and
WHEREAS, pursuant to such amendments, the overall density of
the Tuscawilla PUD was reduced; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
that the Tuscawilla PUD was designed with the concept of a
central core ( the "Central Core" ) of commercial property, in the
parcel commonly known as Parcel 61 , to service the entire
Tuscawilla PUD, which Central Core was integral in the design of
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the overall road system and infrastructure of the entire
Tuscawilla PUD; and
WHEREAS, on January 14 , 1988, Gulfstream Housing Corp. ,
successor by merger to Winter Springs Development Corporation,
entered into a Contract to Sell certain real property to D & M
Investments, which property was located in the Central Core,
which contract was subsequently assigned by Gulfstream Housing
Corp. to WSDJV; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
it was intended under the said Contract that the Central Core
property be developed with a commercial use; and
WHEREAS, the developers thereafter sought to develop a
shopping center within the Central Core; and
WHEREAS, a dispute arose as to the right of the developers
of the Tuscawilla PUD to develop a shopping center within the
Central Core; and
WHEREAS, the City refused to allow a shopping center
development within the Central Core; and
WHEREAS, such denial led a series of discussions and
negotiations between WSDJV and the City and ultimately to a
series of public hearings to determine vested rights of WSDJV to
develop the Central Core with a commercial use; and
WHEREAS, the City Commission ruled on June 19 , 1989 , that
WSDJV did not have vested rights to develop the Central Core as a
shopping center ; and
WHEREAS, based upon the aforedescribed denial, WSDJV filed a
Petition for Writ of Certiorari and Amended Petition for Writ of
Certiorari in the Circuit Court of the Eighteenth Judicial
Circuit in and for Seminole County, Florida ( the "Court" ) , Case
No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a
Florida joint venture, through its General Partner , Gulfstream
Housing Corp. , successor by merger to Winter Springs Development
Corporation, Petitioner v. City of Winter Springs, a Florida
municipal corporation, Respondent ( the "Petition" ) ; and
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
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Tuscawilla PUD to reallocate land uses and densities in a manner
to better utilize open space and allocate densities within the
Tuscawilla PUD and in keeping the original approvals granted
relative thereto; and
WHEREAS, the property remaining to be developed (which shall
not include real property which presently has or is presently
being reviewed for site plan approval, plat approval, building
permits , or other similar approvals or matters) within the
Tuscawilla PUD consists of approximately 366 . 3 acres
(collectively the "Remaining Property" ) consisting of :
approximately 32 . 3 acres designated as Parcel 14C ( "Parcel 14C" ) ,
approximately 35 . 0 acres designated as Parcel 61 ( "Parcel 61" ) ,
approximately 201 . 3 acres designated as Parcel 15 ( "Parcel 15" ) ,
approximately 77 . 0 acres designated as Parcel BO ( "Parcel 80" ) ,
and approximately 20 .7 acres designated as the Lake Jessup
Property ( the "Lake Jessup Property" ) , which Remaining Property
and the aforedescribed parcels are described on Composite Exhibit
"A" attached hereto and expressly incorporated herein by this
reference; and
WHEREAS, pursuant to this Agreement, the total number of
residential units and total commercial acreage in the Tuscawilla
PUD will be reduced from the original approval; and
WHEREAS, this Agreement is in the best interest of the City
and will promote the health, safety and welfare of the citizens
of the City; and
WHEREAS, this Agreement does not constitute a substantial
deviation pursuant to Section 380 . 06 ( 19 ) , Florida Statutes
(1989) , as amended, of the original approval granted to the
Tuscawilla PUD; and
WHEREAS, notice of intent to consider this Agreement has
been properly published and given; and
WHEREAS, the City has determined that it is in the best
interest of the the City and its citizens to settle the Petition
by adoption of this Agreement; and
WHEREAS, the City and WSDJV desire to amend the Tuscawilla
PUD to reflect the matters set forth herein.
NOW THEREFORE, for and in consideration of settlement of the
Petition and other and good and valuable consideration, WSDJV and
the City hereby agree as follows :
1 . The foregoing recitals are true, correct and accurately
reflect the matters affecting the Tuscawilla PUD and the Petition
as of the date hereof and such recitals are expressly
incorporated herein by this reference.
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2 . The Remaining Property shall be developed in the
following manner :
PARCEL ACREAGE LAND USE UNITS
14C 31 . 2 Single Family 125
1.1 Seneca Boulevard --
61 33 . 0 Single Family 198
1. 4 Commercial --
0. 6 Service Road --
15 67 . 0 Commercial --
104 . 0 Single Family 416
25. 2 Multi-Family 504
3 . 6 Vistawilla Drive --
1. 5 Fire Station --
80 74 . 0 Multi-Family 1, 480
3 . 0 Tuscora Drive --
Lake Jessup Multi-Family 166
Property 20 .7 Y
TOTAL 366 . 3 2 ,889
3 . The acreages described within each Parcel are
approximate acreages only and shall be finalized at such time as
a final survey of each parcel is obtained. Therefore, the legal
descriptions set forth on Composite Exhibit "A" are subject to
revisions based upon such final surveys and sound land planning
techniques, it being the intent of this Agreement that this
Agreement be inclusive of all remaining undeveloped real property
within the aforedescribed parcels within the Tuscawilla PUD as of
the date hereof; 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.
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lIT
5. The land use designations set forth herein are inclusive
of less intensive uses under the City Codes for development of
the Remaining Property, subject to the regulations of applicable
governmental agencies .
6 . Within the land use classifications set forth herein,
such classifications shall be inclusive of all permitted uses
within such land use under the 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 Exhibit "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
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7 7 "
as depicted on Exhibits "C" and "D" ; however; said'-access points
shall be subject to Florida Department of Transportation
requirements, guidelines and standards.
11. In the event of any conflict between this Agreement and
any other ordinance, approval or similar matter regarding the
Tuscawilla PUD, this Agreement shall control and govern the
rights and obligations of the parties hereto and such approval or
similar matter .
12 . Any and all approval, master plans, plans , submissions
and other similar matters affecting the Remaining Property are
hereby automatically amended to conform to and reflect the
provisions and intent of this Agreement .
13 . Buffering of the Remaining Property shall be subject to
the provisions of the 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 aforedescribed
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 Road 434 .
16. WSDJV agrees to grant and convey a ten foot (10 ' )
easement to the City over and across the southern boundary of
Parcel 14C 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
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I
the Petition and the subject matter thereof . TUfther'; 'this
Agreement is in no way intended to affect the appropriateness or
inappropriateness of either parties ' position or circumstances
with regard to the Petition or the events, circumstances and
subject matter thereof. In the event that the Court, at any
time, determines not to retain jurisdiction over this matter , the
parties hereby expressly waive and agree not to assert the
defenses of statute of limitations and laches in any subsequent
action related hereto.
18 . This Agreement shall inure to the benefit of and be
binding upon the City and WSDJV and its or their respective
successors and assigns .
19 . The rights and obligations of WSDJV hereunder are fully
assignable and transferable, including but not limited to, in the
event any portion of the Remaining Property is conveyed by WSDJV,
and in such event the City shall look solely to such transferee
or assignee for the performance of all obligations, covenants,
conditions and agreements pursuant to the terms of this
Agreement .
20 . This Agreement contains the entire agreement of the
parties hereto. Any change, modification, or amendment to this
Agreement shall not be binding upon any of the parties hereto,
unless such change, modification or amendment is by ordinance and
in writing and executed by both the City and WSDJV and adopted by
the City by ordinance.
21 . This Agreement shall be interpreted pursuant to the laws
of the State of Florida.
22. This Agreement is intended to be performed in accordance
with and only to the extent permitted by all applicable laws ,
ordinances, rules and regulations. If any provision of this
Agreement or the application thereof to any person or
circumstance shall for any reason, and to any extent , be invalid
or unenforceable, the remainder of this Agreement and the
application of such provision to other persons or circumstances
shall not be affected thereby, but rather shall be enforced to
the greatest extent permitted by law.
23. In the event of any controversy or dispute arising
between the City and WSDJV in connection with this Agreement,
including without limitation, in any settlement , in any
declaratory action, at trial or in any appellate proceeding, the
prevailing party shall be entitled to recover any and all costs
and expenses associated therewith, in whatsoever nature or form,
including without limitation, reasonable attorneys ' fees ,
paralegal fees, legal assistants ' fees, expert witness fees and
other professional fees and expenses associated therewith.
24 . This Agreement and any modification or amendments hereto
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12777
may be recorded in the Public Records of Seminole-
,County,
Florida; however, failure to record this Agreement or any
modification or amendment hereto shall in no way invalidate same .
IN WITNESS WHEREOF, the City and WSDJV have executed this
Agreement as of the date and year first written above .
"WSDJV"
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida
general partnership
Signed, sealed and delivered BY: GULFSTREAM HOUSING CORP. ,
iGn the presence of : ,, a Delaware corporation,
` ./ General Partner
nAS ..., a a ' ...' By/.� .v G�/ iit> '
�� J. lenn M v +II ,
,�' / Vice Preside „
V ' '
7I a r t' -' m'
(CORPORIF$' 10) °)
i ..
BY: HOME CAPITAL CORP. , ,„„" '
a California corporation,
General Part,
L- :.I� . "-I 0 BY: —�_'/• . . L • /
I'' Vice Vogt,
Vice President
CV
AllIWAF By:
J y eCall:
` A'
If
f Assistant Secretary
etary
. . ..... r
r •.
(CORPORAT;(9.EAI : :
f G
✓). ..
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L ! f
THE "CITY"
THE CITY OF WINTER SPRINGS
FLORIDA, a Florida municipal�j�, �/--- corporation
Attest: //C4iey/5 .C,.1 By:C uu?C� /�`7f�
Mary T. Norton, Leanne M. Grove
City Clerk Mayor
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_ t_ II
. STATE OF FLORIDA ,
COUNTY OF c4 ,4,00_.
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, J. GLENN MARVIN, III , as Vice President of
GULFSTREAM HOUSING CORP. , a Delaware corporation, which
corporation is a General Partner of WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida general partnership, to me well known to
be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed, on behalf of the
partnership.
WITNESS my hand and official seal in the County and State
last aforesaid, this //- day of _5(7"/C/ ).-1,9..: , 1990 . �
r f '.L,1( .
l i - c- (c �/ L /,Lc C/'cCe
Nd'Eary 'PUb is ,
My\,Commiss ' on Expires : '. • .
NO7ARY PUACC TATE CI: i.nr:DA Al LA.0311
MY COMMIS ON EX,ila“.:FE 25. I;94
STATE OF FLO IDA ECNOLO uo:u ASATON Ac i4Cr, NC.
COUNTY OF -
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, LOUIS E. VOGT, as Vice President of HOME CAPITAL
CORP. , a California corporation, which corporation is a General
Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida
general partnership, to me well known to be the person described
in and who executed the foregoing instrument and he acknowledged
before me that he executed the same for the purposes therein
expressed, on behalf of the partnership.
WITNESS my hand ancj pfficial sea in the ounty and State
last aforesaid, this �� ,j� day of , , 199,0.
Notary Pub BaxLoA cOo.N Y MxUSu PS LxIO [STIT[stiA�Li
TD,A,l;
My Com iss Expires : °. T
vtwrtr vupu 04,4cxwrti
t
mi;
10
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L ( 1
STATE OF Fk9RIDA
COUNTY OF(,!4 -4°
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments , JOY DeCARO, as Assistant Secretary of HOME
CAPITAL CORP. , a California corporation, which corporation is a
General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a
Florida general partnership, to me well known to be the person
described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes
therein expressed, on behalf of the partnership.
WITNESS my hand and official seal i�,tr/y,, the/County and State
last aforesaid, this /////day of J ( Yxsec,.>lC� , 1994.
\4�
Notary Public - - •• P p —
My Commiss ' f.r ikTEt9 WEB' ~ • ,
NOTA' ISSIOp L%PINES: MA4���B9� 9 (`)• MO O h°v"°*nm PU°u° 1 . `
STATE OF RIDA ppNUE° 'I
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, LEANNE M. GROVE, as Mayor and attested by
MARY T. NORTON, as City Clerk of THE CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation, to me well known to be
the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the
same for the purposes therein expressed, on behalf of the ..
municipality. , •,t:`=`c„
WITNESS my hand and pgficial s 1 n th County and' State%
last aforesaid, this //, lday of 1996.. � I —
•l� lAs ►. f)4. A es>AC.
Notary Pub is
My Commission Expires:
„4TARY PURIM} SMAT1 OP 1.O,ZIOA AT LARDS
MT COMMISSION WIRES ORCOMMIt 05, 1991
IONON TMIIU MORON AOINCS',INC.
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CY`7POSr1G EXHIBIT "A" _.,71
PARCEL 140 L ( 7 -,
Tracts E, and ne:enticr. Area ):SCAW::L-. ..:: _ - C , as
recorded _n Plat Book 1-6, Feces :: and 12 c`_ the Pub_cc r=_cores o'_
Sertinole County, -'_or:ea .
LE91P1').
fOR (+)iGdesev�s+.rya
(Page 1 of 15)
601A 61,T1
PARCEL 61 / i '
PAR'-' _ - ^S^ni?';ON:
_rote the centerline cf intersection of Winter Sprints Boulevard and
Northern Way, as sho-n in plat of Winter Springs Unit Four as recorded
Plat rInnx 1E, Pages 6, 7 and E, Public Records of Se-.:nole County,
Florida; nn N.86°23'05"E. along the centerline of Winter Springs
-Boulevard 262. 25 feet; thence N.03°36'55"W. 60.00 feet to the point of
hecin:inc on the North right-of-way line of Winter Springs Boulevard
(120' RAM thence nun S.86°23' 05"W. along said North right-cf-way
line 217. 85 feet to the point of curvature of a curve concave Nortn-
epcterly, and having a radius of 25.00 feet; thence nn Northwesterly
along the arc of said curve 39.27 feet through a central angle of 90°
00' 00" to the point of tangency on the East right-of-way line of Ncr`h-
e-:, Way (60' RAT) ; thence rut N.03°36'55"W, along said F>c right-of-
way line 90. 78 feet to the point of cursature of a curve concave
Easterly and having a radius of 1893.55 feet; thence ran Northerly
along the arc of said curve 64.25 feet through a central angle of 02°
32' 57" to a point; thence leaving said F cot right-of-way line, ran
N. 86°23' 05"E. 270. 83 feet to the point of curvature of a curve concave
Southwesterly, and having a radius of 27.83 feet; thence r= South-
east-�rly along the arc of said curve 40.44 feet through a central
angle of E3°14' 41" to the point of tangency; thence nn 5.10°22'14"E.
173. 85 feet to a point on the aforesaid North right-of-way line of
Winter Strings Boulevard, said point being on a curve concave North-
erly, and having a radius of 1025.92 feet; thence fru' a tangent
bearing of S. 62°16' 07"W. , run westerly aims the arc of said rove
and alone said Northerly rigr.:-cf-way line 76.01 feet through a
central antic of 04°06'56" to the point of :r-)..inning, containing
1.€112: acres.
(Page 2 of 15)
• t. Q
Ii
PAFC_EL 61
•
c r ' 1 DN flr p '.F.-r: 2
p-ingS F -pm toe centerline of late rdeCt 4'
on of inter �
cart ant No" tnern �'a yas shown ir. pie : oof E. i iER E SOFublic UNIT
FOUR , es recorded ir, Flat book 1E , run s . 6 , 23 ' 4 E "E , alone -
cores cf Seminole County , Florida , thence
".terline of :linter Springs Boulevard.levrd 282 Err feet ; g t: of way
ce,
G Hne 36 ' sa c Enter feet to a u salt point being on a
lire Lf ncat RNorth Northerly and havinoarc ,
curve concave Northerly and havinc a radius Of 13E5 . S2 feet ;
thence from a tangent bearing of h . E6 °23 ' D5"E . run Easterly
along the arc of said curve and along said Northerly right of
way line 7E , D1 feet through a central angle of 04 ° 06 ' 5E° to
the point of beginning; thence leaving said Norther1y right of
way line , run N . 10°22114 "M' . 173 . ES feet to the point
aoiucurva -
ture of a having.
concave Southwesterly and havin a said.
27 . 85 feet ; : 'hence run Northwesterly alone the arc cf
curve 40 . 4- feet through a central angle of E3 ' ' L • Li to the
poin: of tangency ; thence run 5 . E6 °23 ' D5 •'W . 270 _ E3 feet to a
point on the Easterly right of way line of Northern 14ey ( ED '
R /'W ) said pc int beinc on a thence concave : En ter) y anon having
E radius of 1E53 . EEE feet ;
N . 01 °03 ' BE"ti' . run Northerly alonct the arc of said crve uCvgh and
alone said Easterly rich: of way line 50 . 0E fee . - c
central angle of D1 °30 ' 56" to a point ; thence leaving said
Easterly rig rt o. way line run N . E6 `: : I05 ° E . 267. 06 feet to
the point at Curvature? EE a curve:hence run Southea5te'1 � along SOuTnweSterly and
the a rE Saud of ve 11 feet ;
arc of said Curve 113 . DC feet through a central ecgie or
E3 -14 ' 41 " to the point of tangency; thence run S . 10°22 • l4 " g .
A 7S _3D feet to a point on the aforesaid Northerly rich: of way
line of ,,inter Springs Boulevard , said point beinc°or. a curve
10E5 . S2 theence
r'c d1Ud Of alone the
concave Northerly and n ofi no a ,
from a canoe c: bearing of S . 7aa °37 Northerly inch:rnch.E ofy way line
50 . 2f eeid curve and along e Sail co ; he point
Di' be `nni g ,through - centre ) nple of S. acres s1 " less
of beginning , containing therein D . 5575 acres more or
•
(Page 3 of 15).
PARCEL 61 _ � � 1 -
else'PT1 on - rnnccl ../,"
Prom the c nterline intersection of Winter Snrings boulevard and Norrheri. Way, shown on the
plat of Winter Snring5 Unit 4 , recorded n flat Book 10, Pages 6. add B. Public Records of
1
Seminole County, rlorioa; run N.03°36' 55,'66. along the centerline of Northern Wav 175.71 feet;
thence N. 86°13'05"C. 40.00 feet to a point on the Cast right-of-way line of Northern Way, said
point being the point of curvature of u curve concave Easterly and havino a radius of 1119355
feet; thence Northerly along said rioht-of-cav line alone the arc of said curve 109. 34
run `
feet through central of 09°2143(" to the point of nbeginna ng; thence continue Northerly
alum] the arc said curve 453. 31 lees tlaovah a central angle of 11°43'01" thence run S.70°
12'126E. 1. 21 feet; thence N. 26°12'27 S. 203.35 feet to the South line of a 110 foot wide
f lorida Po Light Company Easement; thence N.54°05' 77'6 . along said South line 168. 00
fee; said Cast right-of-way line of Northern Way; thence N.25°22 '556[ along said Ea::t right-
. of-w•ayo line 126. 74 feet to the point of curvature of a concave Southeasterly and havino a
radius of 410.00 feet: run thence Northeasterly along the curve
cc offs curve 430. 23 feet [nrovah
a central angle of 60°12'23' to the n of curvature of ai curve. e Northwesterly
and Having a radius of 296.47 feet; run thence e Northeasterly 177.25 feet. alon3 the arc of said
curve o eat
[hrouf� n central angle of 34°06'09" to the South line of 100 foot w • Florida Power
179 o0 Easement; tag Not S. ly 1
ht-. along said South line 904. 71 feet; thence S. ri g h t'
US t. Ii fees to aug Northerly right-of-way line of Winter Springs Boulevard. said oI-maa line being on a curve
concave Southeasterly and
having a radius of
1115. 10 thence
from a l_angent be ureo of 5. 62ee4 '55r1/44. run Southwesterly alone said right-of-way line end along l
e n
;
the arc of sad curve 737.53 feet through central angle of 34°46' 2 e7 to the point of erl a
having _.2 adiu'2 6"W. 221. 5E feet to the point of curvature of curve concave Northwesterly and a
having a radius of 2019 9 feet; run thence Southwesterly alonu the arc of and curve 960.49
feet; thence 0f21'35"9. 50. 00 feet to the beginning a concave Northwesterly a along] radius of 1035.92 f eet; thence from a tangent be e anlo o N9 7 44';C. run Northeasterly of
alone the arc of said feet 41755 a central aain of 09°26' 44'; thence n tO
52.9 115. 30 fee[ thence N. 89°32' 31"4. 415.75 tot[ to the Point Of becinnin g, toncaining therein
12.9979: acres.
•
(Page 4 of 15)
TUSCAWILLA PARCEL 15/PARCEL L
ErCN
2lr
DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YOUNGE GRANT, as
recorded in Plat Book I, 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, Florida, being described as follows:
Begin at the Northeast corner of said Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00°24'55" 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-Way line of the
Lake Charm Branch of the Seaboard Coast Line Railroad (100' R/W) 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 49°02'35" W; thence run Northwesterly along the arc of said curve
and said Easterly Right-of-Way line through a central angle of 08°11'08"
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 20°36'17" W;
thence run along the arc of said curve and said Easterly Right-of-Way line
through a central angle of 54°35'00" for a distance of 620.40 feet; thence
run N 06°21'38" E along said Easterly Right-of-Way line for a 1540.55
feet; thence leaving said Easterly Right-of-Way line run S 89°32'22" E
along the South Right-of-Way line of State Road No. 434 (60' R/W) for a
distance of 131.05 feet; thence run S 00°11'57" 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 POINT OF BEGINNING.
TOGETHER WITH:
Commence at the Northeast corner of Section 8, Township 21 South,
Range 31 East, Seminole County, Florida, thence run S 00°24'55" 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' 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
a chord bearing of N 66°56'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24°44'10" for a distance of 845.83 feet to the point of tangency;
(Page 5 of 15)
--JSCAWILLA PARCEL 15/PARCEL 1
9 i I
thence run N 79°18'14" W along said Northerly Right-of-Way 14n'e 'for a
distance of 691.26 feet to the point of curvature of a curve concartr - _.
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Northerly Right-of-Way line through a
central angle of 11°46'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88°55'08" W along said Northerly Right-of-Way
line for a distance of 96.48 feet to the Easterly Right-of-Way line of
Proposed Vistawilla Drive and a point on a curve concave Southeasterly
having a radius of 460.00 feet and a chord bearing of N 44°53'28" E;
thence run Northeasterly along the arc of said curve and said Easterly
Right-of-Way line through a central and.le of 69°00'18" 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 44°50'50" E; thence run Northeasterly along the arc of said curve and
said Easterly Right-of-Way line through a central angle of 69°05'33" for a
distance of 952.65 feet to the POINT 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 bearing of N 05°22'51" E through a
central angle of 09°50'25" for a distance of 135.68 feet to a point of non-
tangency; thence run N 06°10'16" E along said Easterly Right-of-Way line
for a distance of 100.50 feet; thence run N 00°27'38" E along said Easterly
Right-of-Way line for a distance of 214.99 feet to the point of curvature 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
90°00'00" for a distance of 39.27 feet; thence run S 89°32'22° 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 00°27'38" E for a distance of 25.00 feet to said South Right-of-Way
line; thence run S 89°32'22" E along said South Right-of-Way line for a
distance of 639.86 feet to the West Right-of-Way line of the Black
Hammock Branch of the Seaboard Coast Line Railroad; thence run
S 06°21'38" W along said West Right-of-Way line for a distance of 502.66
feet; thence leaving said West Right-of-Way line run N 89°32'22" W for a
distance of 1039.34 feet to the PONT OF BEGINNING.
TOGETHER WITH:
Commence at the Northeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00°24'55" E along the
East line of theNortheast 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' 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
(Page 6 of 15)
- 'r CF.F=ELj PARCEL -_/FARCE_ -
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66°56'09" W: thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24°44'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79°18'14" W along said Northerly 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-Way line through a -
central angle of 11 046'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88°55'0S" W along said Northerly Right-of-Way
line for a distance of 178.11 to the Westerly Right-of-Way line of •
Proposed Vistawilla Drive; thence run N 10°23'19" E along said Westerly nth
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
along the arc of said curve and said Westerly Right-of-Way line through a
central angle of 69°00'18" 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 71°54'55" E; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-Way
line through a central angle of 14°5722" for a distance of 185.33 feet to
the POINT OF BEGINNLNG; thence leaving said Westerly Right-of-Way
line run N 30°22'39" W along a non-radial line for a distance of 356.04
feet; thence run N 89°52'39" W for a distance of 2250.00 feet: thence run
N 00°07'21" E for a distance of 100.00 feet; thence run N 47°03'59" E
for a distance of 292.95 feet; thence run N 00°07'21" E for a distance of
400.00 feet to the South Right-of-Way line of State Road No. 434 (60'
Ft/W); thence run S 89°52'39" E along said South Right-of-Way line for a
distance of 1580.00 feet; thence run S-89°32'22" E along said South Right-
of-Way line for a distance of 611.08 feet; thence leaving said South Right-
of-Way line run S 00°27'38" W for a distance of 25.00 feet; thence run
S 89°32'22" E along a line 25.00 feet South of and parallel with said South
Right-of-Way line for a distance of 395.00 feet to the point of curvature 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
90°0000" for a distance of 39.27 feet; thence run S 00°27'38" W along
the Westerly Right-of-Way line of Proposed Vistawilla Drive for a distance
of 214.99 feet; thence run S 05 015'00" E along said Westerly Right-of-
Way line for a distance of 100.50 feet to a point on a curve concave
Northwesterly having a radius of 710.00 feet and a chord bearing of
S 32°26'56" W; thence run Southwesterly along the arc of said curve and
said Right-of-Way line through a central angle of 63°58'36" for a distance
of 792.79 feet to the POINT OF BEGINNING.
Together containing a total of 66.968 acres more or less and berg subject
to any rights-of-way. resrictions and easements of record.
(Page 7 of 15)
2hRC :5/PARCEL 2
DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book I, Pages 35 through 38 of the Public Records of Seminole
County and that part of Section 5, Township 21 South, Range 31 East,
Seminole County, Florida, being described as follows:
Commence at the Northeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00°24'55" 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' 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
a chord bearing of N 66°56'09" W: thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24°44'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79°18'14" W along said Northerly Right-of-Way line for a
distance of 162.82 feet to the POINT OF BEGINNING; thence continue
N 79°18'14" W along said Northerly Right-of-Way line for a distance of
528.44 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-Way line through a central angle of
11°46'38" for a distance of 536.92 feet to the point of tangency; thence run
S 88°55'08" W along said Northerly Right-of-Way line for a distance of
96.48 feet to the Easterly Right-of-Way line of Proposed Vistawilia Drive
and a point on a curve concave Southeasterly having a radius of 460.00 feet
and a chord bearing of N 44 053'28" E; thence run Northeasterly along the
arc of said curve and said Easterly Right-of-Way line through a central
angle of 69°00'18" 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 44°50'50" E; thence run Northeasterly along the
arc of said curve and said Easterly Right-of-Way line through a central
angle of 69°05'33" for a distance of 952.65 to a point of non-tangency;
thence leaving said Easterly Right-of-Way line run S 89°32'22" E along a
non-radial line for a distance of 1039.34 feet to the Westerly Right-of-Way
line of the Black Hammock Branch of the Seaboard Coastline Railroad;
thence run S 06°21'38" W along said Westerly Right-of-Way line for a
distance of 525.90 feet to the point of curvature of a curve concave
Westerly having a radius of 552.67 feet and a chord bearing of
S 12°32'48" W; thence run Southwesterly along the arc of said curve and
said Westerly Right-of-Way line through a central angle of 12°22'20" for
a distance of 119.34 feet to a point on a curve concave Northwesterly
(Page 8 of 15)
'—'SCAW:LLA PARCEL 15/PARCEL 2
having a radius of 656.13 feet and a chord bearing of S 51°12'30" W;
thence run Southwesterly along the arc of said curve and said Westerly
Right-of-Way line through a central angle of 77°02'04" for a distance of
882.17 feet to a point on a curve concave Northerly having a radius of
799.85 feet and a chord bearing of N 85°21'14" W; thence run
Northwesterly along the arc of said curve and said Westerly Right-of-Way
line and along the arc of said curve through a central angle of 12°05'59"
for a distance of 168.91 feet to the Point of Intersection of said Westerly
Right-of-Way line with the Northerly Right-of-Way line of said Lake
Charm Branch of the Seaboard Coastline Railroad Right-of-Way and the
POINT OF BEGINNING.
TOGETHER WITH:
en J
Commence at the Northeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida; thence run S 00°24'55" E along the c ti
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' 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 °D ''
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66°56'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24°44'10" for a distance of 845.83 feet to the point of tangency:
thence run N 79°18'14" W along said Northerly 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-Way line through a
central angle of 11°46'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88°55'08" W along said Northerly Right-of-Way
line for a distance of 178.11 feet to the Westerly Right-of-Way line of
Proposed Vistawilla Drive and the POINT OF BEGINNING; thence run
N 10°23'19" 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
69°00'18" 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 71°54'55" E; thence run Northeasterly along the arc of said
curve and said Westerly Right-of-Way line through a central angle of
14°57'22" for a distance of 185.33 feet; thence leaving said Westerly Right-
of-Way line run N 30°22'39" W along a non-radial line for a distance of
356.04 feet; thence run N 89°52'39" W for a distance of 3675 feet more
(Page 9 of 15)
`"BCA'w:L:.A PARCEL 15/PARCEL 2
or less to the centerline of Howell Creek; thence run Southerly along the
centerline of Howell Creek for a distance of 1050 feet more or less to the
Northerly Right-of-Way line of Lake Charm Branch of the Seaboard
Coastline Railroad; thence run N 88°55'08" E along said Right-of-Way
line for a distance of 3153 feet more or less to 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.
on PO
(Page 10 of 15)
" 'SCAW:LLA ?p-R=E:, :5/FFRCE'- 3
DESCRIPTION:
That pan of the MAP OF THE PHILLIP R. YONGE GRANT. as recorded
in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole
County, Florida, being described as follows:
Commence at the Southeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00°24'55" 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 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
a chord bearing of N 66°56'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24°44'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79°18'14" W along said Northerly 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-Way line through a
central angle of 11°46'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88°55'08" W along said Northerly Right-of-Way
line for a distance of 178.11 feet to the Westerly Right-of-Way line of
Vistawilla Drive; thence run N 10°23'19" 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 69°00'18" 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 71°54'55" E; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-Way
line through a central angle of 14°57'22" for a distance of 185.33 feet;
thence leaving said Westerly Right-of-Way line run N 30°22'39" W along
a non-radial line for a distance of 356.04 feet; thence run N 89°52'39" W
for a distance of 2250.00 feet to the POINT OF BEGINNING; thence run
N 00°0721" E for a distance of 100.00 feet; thence run N 47°03'59" E
for a distance of 292.95 feet; thence run N 00°07'21" E for a distance of
190.00 feet; thence run N 89°52'39" W for a distance of 311.14 feet;
thence run N 00°07'21" E for a distance of 210.00 feet to the South Right-
of-Way line of State Road No. 434 (60' R/W); thence run N 89°52'39" W
along said South Right-of-Way line for a distance of 522.20 feet; thence
run S 89°32114" W along said South Right-of-Way line for a distance of
850 feet more or less to the centerline of with Howell Creek; thence run
(Page 11 of 15)
"'SCAM'.LLA PARCEL 15/PARCEL 3
Southerly along the centerline of Howell Creek for a distance of 950 feet
more or less to a point in said centerline of Howell Creek lying
N 89°52'39" W a distance of 1425 feet more or less from the POINT OF
BEGINNING; thence run S 89°52'39" E for a distance of 1425 feet more
or less to the POINT OF BEGINNING.
Containing 25.2 acres more or less and being subject to any right-of-way,
restrictions and easements of record. "`'
(Pane 12 of 151
-"scAw:L;,;, PARCEL i5/PARCEL 4
DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole
County, Florida, being described as follows:
Commence at the Southeast corner of Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00°24'55" E along the ro
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet fist " `--_
to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (100' 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 '
a chord bearing of N 66°56'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way line through a central
angle of 24°44'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79°18'14" W along said Northerly 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-Way line through a
central angle of 11°46'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88°55'08" W along said Northerly Right-of-Way
line for a distance of 178.11 feet to the Westerly Right-of-Way line of
Proposed Vistawilla Drive; thence run N 10°23'19"-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 69°00'18" 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 71°54'55" E; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-Way
line through a central angle of 14°5722" for a distance of 185.33 feet;
thence leaving said Westerly Right-of-Way line run N 30°22'39" W along
a non-radial line for a distance of 356.04 feet; thence run N 89°5239" W
for a distance of 2250.00 feet; thence run N 00°07'21" E for a distance of
100.00 feet; thence run N 47°03'59" E for a distance of 292.95 feet;
thence run N 00°07'21" E for a distance of 190.00 feet to the POINT OF
BEGINNING; thence continue N 00°07'21" E for a distance of 210.00
feet; thence run N 89°52'39" W along the South Right-of-Way line of
State Road 434 (60' R/W) for a distance of 311.14 feet; thence run
S 00°07'21" W for a distance of 210.00 feet; thence run S 89°52'39" E
for a distance of 311.14 feet to the POINT OF BEGINNING.
Containing 1.500 acres more or less and being subject to any rights-of-
way, restrictions and easements of record.
(Page 13 of 15)
PAWS 15 and SO
(Combined)
Dz CRIPTTON:
All that part of the Map of the Phillip K. Yonne Grant as recorded in ,,, ,N
Plat Book 1, Pages 35 through 3g of the Public Records of Seminole c _County, Florida sad a portion of the Southeast. 1/4 of, Section 5 and a
portion of the Northeast 1/4 of Section g, Township 21 South, Range
31 East, Seminole County, Florida, lying South of S.R. 434, (old S.R.
419); North of the Lake Charm Branch of the Seaboard Cc st Line
Railroad and East of GARDENA FARMS, TOWN SITES as recorded in '
Plat Book 6, Page 39 of the Public Records of Seminole County,
Florida, less Right— Of - Way for Block Hammock Bronch of the S.C.L.
Railroad.
All together containing 278.322 acres more or less.
(Page 14 of 15)
LAKE JESSUP PROPERLY
Na
v
"
DES CEI PT/on/
Lois I :Inc; 2 Block A. D.R. A11TCI FILLS SURVEY OF Ti IE LEVY GRANT
accordin: :o dre plat recorded in Plat Book 1 . Pa e 5. of the Public RecordS
of ScnJnoIc County. Florida.
Con'. lnlne :0.7 acres more or less.
(Page 15 of 15)
EXHIBIT "B"
PERMITTED COMMERCIAL USES
1 . The following uses are permitted in the Tuscawilla PUD:
a. Administrative public buildings;
b. Advertising agencies;
c. Alcoholic beverage sales (package) ;
d. Alcoholic beverage, on-premises consumption, provided
food is also served;
e. Alterations and tailoring, shops and services;
f. Antique and gift shop; N
g. Appliances, sales and service; (:
h. Artists ' studios; v
i . Attorneys;
j . Automotive accessories sales;
k. Bakery, retail;
1. Bathroom accessories ;
m. Bicycles, sales and service;
n. Bookstores, stationery, newsstands;
o. Bookkeepers;
p. 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;
q. Butcher shop, retail only;
r . Carpets , rugs and linoleum;
s. Car wash, automated and enclosed, similar to Shiners
and those associated with gasoline service stations;
t. Churches;
u. Cleaners ;
v. Coin dealers;
w. Computers, hardware and software sales and service;
x. Confectionary and ice cream stores;
Y. 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 property line;
z. Dance and music studios;
aa. Day nurseries, kindergartens and day care;
ab. Drug and sundry stores;
ac. Employment agencies;
ad. Financial institutions, banks, savings and loan;
ae. Florist and gift shops;
af. 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;
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ag. Furniture, retail;
ah. 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;
ai . Hardware stores;
aj . Health food;
ak. Hobby and craft shops ;
al. Hospitals and nursing homes ;
am. Ice, retail, when associated with another permitted ,
use; V
an. Insurance; „ `_-;..
ao. Interior decorating and draperies;
ap. Jewelry stores;
aq. Libraries;
ar . Loan companies;
as. Locksmiths;
at. Luggage shops;
au. Medical clinics and laboratories;
ay. Outdoor advertising signs sales offices;
aw. Paint store;
ax. Parking garages when associated with another permitted
use;
ay. Pets shops and grooming;
az. Photographic studios;
ba. Physical fitness and health clubs;
bb. Post office;
bc. Private clubs and lodges;
bd. Quick printers;
be. Radio and TV broadcasting studios, excluding towers;
bf. Radio, TV, video and stereo sales and service;
bg. Rental shops;
bh. Regulated professions, offices and professions
licensed and regulated by the department of
professional regulation pursuant to F.S. Ch. 455 and
F. S. 920 . 80, as now existing or as hereafter amended;
bi. Restaurants ;
bj . Schools, public, private and parochial , service
vocational schools (such as cosmetology, medical and
dental assistant ' s training) requiring no mechanical
equipment;
bk . Shoe repair shops;
bl. 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;
bm. Sporting goods, retail, such as Sports Unlimited,
Sports Authority, Oshman ' s, Robby ' s and specialty
sporting goods stores;
bn. Swimming pools; sales, service and supplies and
2
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6786062PCU
07/30/90 . 1
contractors associated therewith;
bo. Taxidermists;
bp. Telephone business office and exchanges;
bq. Theaters, not drive-ins;
br . Title companies;
bs. Tobacco shops;
bt . Toy stores;
bu. Travel agencies ; v <<_.
bv. Wearing apparel stores;
bw. Hairstylist, barber shops, beauty shops; -
bx. Musical instruments, sales and service;
by. Record stores, music stores;
bz . Optical services and sales ;
ca. Camera shops, Photographic stores, Photo developers ;
cb. Party supplies and services;
cc. Doctors, Dentists;
cd. Department stores and clothing stores, such as
Burdines, Iveys, Jordan Marsh, Ross, Marshalls,
K-Mart, Wal-Mart, Target, Service Merchandise;
ce. Fast food restaurants, including drive-through
services;
cf. Specialty groceries and foods, such as Petty ' s,
Barney' s, delicatessens;
cg. Office buildings and office parks, general ;
ch. New car dealerships and customary associated services;
ci . Tire stores and services customarily associated
therewith, such as Firestone, Goodyear , Allied
Discount Tires, Sears, K-Mart;
cj . Automotive services, specialized such as oil change
and tune up centers;
ck . Boat sales and services ( new) , including customarily
associated services;
cl. Retail sales: Building and Plumbing supplies,
including those associated with hardware stores, such
as Tru-Value, Ace, Scotty' s, Handy Dan ' s, Builders
Square, Home Depot , etc. ;
cm. Cabinet sales, retail;
cn. Cold storage and frozen food lockers when used in
conjunction with a primary use such as grocery,
restaurant and similar uses ;
co. Manufacturing and assembly of scientific and optical
precision instruments;
cp. New recreational vehicle dealerships and customarily
associated services uses;
cq. Roofing, retail sales, when associated with another
permitted use;
cr . Mini-Warehouses and storage;
3
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6786062PCU
07/30/90.1
cs. Pest control and exterminating services, offices, no
chemical storage;
ct . 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 ;
cu. Home improvement stores such as Scotty' s, Builder ' s
Square, Home Depot; and
cv. Video stores, sales and rentals .
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 .
a
4
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07/30/90 . 1
Lake Jessup
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