HomeMy WebLinkAboutItem 14 Village Marketplace Shopping Center Development Agreement. FOLEY
AGENDA ITEM COVER SHEET
Meeting Date: June 21, 2005
Item # 144
Reviewed By:
Contact Name: Paul E. Rosenthal, Esq., Department Director:
City Attorney
Contact Number: 407-244-3248 City Manager: /Ali"
Subject Village Marketplace Shopping Center Development Agreement
Background Summary:
In connection with the processing of the Plat for Village Market Place and the small scale site plans
for the BP Retail Facility and relocated Twistee Treat, a Development Agreement has been
negotiated with the developer and owners of the affected properties. The primary purpose of the
Development Agreement is to address the conveyance of right-of-way for a northbound right turn
lane on Maguire Road and the design and construction thereof. Partial road impact fee credits are
proposed in connection with the construction of the right turn lane. The attached Development
Agreement is in Draft form. The final version of the agreement will be distributed at the City
Commission meeting.
Issue:
Should the City Commission approve a Development Agreement (Village Market Place Shopping
Center) with Village Marketplace Investors, Ltd., Debra S. Meridith Kraft and BP Products North
America, Inc.?
Recommendations
It is recommended that the City Commission conditionally approve the proposed Development
Agreement and authorize execution thereof by the Mayor and City Clerk, subject to the following:
(1) approval by staff of the small scale site plan for the BP Retail Facility, (2) approval by staff of
the small scale site plan for Twistee Treat, (3) approval of the Plat of Village Market Place and
satisfaction of all conditions related to such approval; (4) execution of the Development Agreement
by Village Marketplace Investors, Ltd., and Debra S. Meridith Kraft, along with joinders and
consents thereto from all mortgage holders and BP Products North America, Inc., (5) that the
Development Agreement be received and held in escrow by Foley & Lardner LLP for a period of
time not to exceed 60 days from June 21, 2005, pending receipt of notification from BP that they
have completed various real estate closing and that the Foley & Lardner LLP is authorized to
release and record the Development Agreement and the plat and related documents, including the
deeds to certain Maguire Road right-of-way; and (6) that the Development Agreement approval will
be void and of no further effect in the event the foregoing conditions are not fully satisfied with 60
days from June 21, 2005.
006.376378.1
Attachments:
Draft of Development Agreement
Financial Impact:
Road Impact Fee Credit for the construction of a northbound right turn lane on Maguire Road in an
amount not to exceed $150,000.00.
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
XX❑ Commission Approval
❑ Discussion&Direction
O Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Paul E. Rosenthal 0 N/A
Reviewed by Finance Dept. 0 N/A
Reviewed by ( ) 0 N/A
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FOLEY FOLEY& LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-
TO: The Honorable Mayor and City Commissioners
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: June 15, 2005
RE: Development Agreement for Village Marketplace Shopping Center
Staff Report
ISSUE
Should the City Commission approve a Development Agreement (Village Market Place Shopping
Center) with Village Marketplace Investors, Ltd., Debra S. Meridith Kraft and BP Products North
America, Inc.?
BACKGROUND/DISCUSSION
In connection with the processing of the Plat for Village Market Place and the small scale site plans
for the BP Retail Facility and relocated Twistee Treat, a Development Agreement has been
negotiated with the developer and owners of the affected properties. As of this date, the
Development Agreement is not in final form. Attached hereto is a draft of the proposed Development
Agreement. The final version will be distributed at the City Commission meeting.
Highlights of the proposed Development Agreement are as follows:
1. The Shopping Center will be redeveloped in accordance with the BP and Twistee Treat
Small Scale Site Plans. (Note: The site plans are approved at a staff level and will not be approved
as of the date of the City Commission meeting.)
2. Right-of-way for a northbound right turn lane on Maguire Road will be conveyed to the
City at no cost and without any road impact fee credits.
3. As part of the BP plans, BP will design, engineer, permit and construct the northbound
right turn lane on Maguire Road. BP will pay for the entire cost of construction and will receive road
impact fee credits in an amount not to exceed $150,000. These credits will be made available at the
nna 7 1M 1O A
time BP would otherwise be required to pay road impact fees in connection with the new BP Connect,
subject to documenting that the cost of the improvement is no less than $150,000.
4. No Certificate of Occupancy will be issued for the BP Connect until a Certificate of
Completion has been issued for the site improvements under the BP and Twistee Treat Site Plans,
including the northbound right turn lane.
5. No Certificate of Occupancy will be issued for the BP Connect until BP completes the
demolition of the abandoned gas station adjacent to Colony Plaza at the southwest corner of SR 50
and Maguire Road, including all signs and appurtenances. BP will be responsible for obtaining all
applicable governmental permits in connection therewith.
Please note that all of the highlights discussed above are not yet incorporated into the draft
Agreement. City staff concurs in the recommendation set forth herein.
MG•7-sc7 7O 4
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY&LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
DEVELOPMENT AGREEMENT
(VILLAGE MARKETPLACE SHOPPING CENTER)
THIS DEVELOPMENT AGREEMENT (this" Agreement") is made and entered into
as of the _ day of May, 2005 by and between VILLAGE MARKETPLACE
INVESTORS, LTD., a Florida limited partnership, whose address is 5401 Kirkman Road,
Suite 725, Orlando, Florida 32810 (hereinafter referred to as the "Developer") and DEBRA
S. MERIDITH KRAFT, whose address is 28 Joiner Street, Winter Garden, Florida 34787
(hereinafter referred to as " Kraft") (Developer and Kraft are herein collectively referred to as
the " Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing
address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Developer owns fee simple title to certain lands located in Orange
County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands
being more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof(hereinafter referred to as the "Developer Property"); and
WHEREAS, Kraft owns fee simple title to certain lands located in Orange County,
Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more
particularly described in Exhibit "B" attached hereto and by this reference made a part hereof
(hereinafter referred to as the "Kraft Property"); and
WHEREAS, the Developer Property and the Kraft Property are herein collectively
referred to as the " Property"; and
WHEREAS, the Property is in the process of redevelopment which will include the
construction of a new BP gas station on the Kraft Property and a portion of the Developer
Property and the relocation the existing " Twistee Treat" on the Developer Property; and
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WHEREAS, in connection with the above referenced redevelopment the City has
reviewed and approved (i) a Small Scale Site Plan for BP Retail Facility #60028 under Project
No. SS-2204-019 (the "BP Site Plan"), and (ii) a Small Scale Site Plan for Twistee Treat
under Project No. SS-2204-020 (the "Twistee Treat Site Plan"); and
WHEREAS, the improvements to be undertaken pursuant to the BP Site Plan will be
undertaken by BP PRODUCTS NORTH AMERICA, INC., a Maryland corporation ("BP")
and not the Owner;
WHEREAS, the Owner and the City desire to execute this Agreement in order to
evidence their mutual agreement as to certain matters related to, and as a condition to the
approval of, certain improvements to be made to the Property.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference.
Section 2. Development of the Property.
(A) BP shall be obligated to develop the portion of the Property which is the
subject of the BP Site Plan in accordance with that certain Site Plan for the BP Retail Facility
prepared by Progressive Development Group, Inc., date stamped as received by the City on
May , 2005, which plan has been approved by the City (hereinafter referred to as the
"Final BP Site Plan"). The Final BP Site Plan is hereby incorporated herein by reference as if
fully set forth herein.
(B) Developer shall be obligated to develop the portion of the Property
which is the subject of the Twistee Treat Site Plan in accordance with that certain Site Plan for
Twistee Treat as prepared by Progressive Development Group, Inc., date stamped as received
by the City on May _, 2005, which plan has been approved by the City (hereinafter referred
to as the "Final Twistee Treat Site Plan"). The Final Twistee Treat Site Plan includes certain
improvements to the common areas within the Developer Property. The Final Twistee Treat
Site Plan is hereby incorporated herein by reference as if fully set forth herein.
Section 3. Conveyance of Right-of-Way.
(A) At the time of platting of all or any portion of the Property, the Owner
shall dedicate and convey to the City certain land adjacent to Maguire Road as shown on the
Final BP Site Plan and the Final Twistee Treat Site Plan (hereinafter collectively referred to as
the "Right-of-Way Land"). The Right-of-Way Land will be platted as a separate tract and
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will be conveyed by reference to the recorded plat. Until such time as the Right-of Way Land
is improved, the Owner shall be solely responsible for the Right-of-Way Land, including but
not limited to the maintenance thereof and the payment of all applicable taxes.
(B) The Right-of-Way Land shall be dedicated and conveyed by the Owner
to the City by special warranty deed free and clear of all liens and encumbrances except for
those matters acceptable to the City. The form of the special warranty deed shall be subject to
the approval of the City. The Owner shall, contemporaneously with the dedication and
conveyance of the Right-of-Way Land to the City, provide to the City, a current attorney's
opinion of title, or a current title commitment, to be followed by a policy of title insurance,
evidencing that fee simple title to the Right-of-Way Land is free and clear of all liens and
encumbrances except for those matters acceptable to the City. The costs and expenses related
to the conveyance and dedication of the Right-of-Way Land, including the cost of title work,
shall be borne solely by the Owner. Real property taxes on the Right-of-Way Land shall be
prorated as of the day before the City's acceptance of the dedication and conveyance of the
same, and the prorated amount of such real property taxes attributable to the Owner shall be
paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida
Statutes; provided, however, that if the conveyance occurs between November 1 and
December 31, then the Owner shall be responsible for the real property taxes for the entire
year.
(C) Neither the Owner or any of its tenants, nor their respective successors
and assigns, nor any other person or entity shall be entitled to any road impact fee credits or
other compensation of any kind for, on account of, or with respect to the required dedication
and conveyance of the Right-of-Way Land to the City.
Section 4. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (i) hand
delivered to the other party at the address appearing on the first page of this Agreement, or (ii)
when deposited in the United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the party at the address appearing on the first page of this Agreement,
or such other person or address as the party shall have specified by written notice to the other
party delivered in accordance herewith.
Section 5. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective
successors and assigns and any person, firm, corporation, or entity who may become the
successor in interest to the Property or any portion thereof.
Section 6. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
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Records of Orange County, Florida. The City will, from time to time upon request of the
Owner, execute and deliver letters affirming the status of this Agreement.
Section 7. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 8. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 9. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
Section 10. Further Documentation. The parties agree that at any time following
a request by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
Section 11. Specific Performance. In addition to each and every remedy now or
hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the
right to enforce this Agreement by an action for specific performance.
Section 12. Attorneys' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be
entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs
incurred in connection therewith, at both trial and appellate levels, including bankruptcy
proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted to judgment; provided, however, that notwithstanding the
foregoing and without regard to the prevailing party, the Owner shall bear its own attorneys'
fees and costs and shall reimburse the City for its attorneys' fees and costs in connection with
any proceeding in which the Owner seeks to challenge the validity or enforceability of any
provision of this Agreement.
Section 13. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 14. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be
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held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 15. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement 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 hereof so long
as the purpose and intent of this Agreement can still be achieved.
Section 16. Effective Date. The Effective Date of this Agreement shall be the day
this Agreement is last executed by a party hereto and such date shall be inserted on Page 1 of
this Agreement.
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day and
year first above written.
Signed, sealed and delivered OWNER:
in the presence of:
Debra S. Meredith Kraft
Print Name
Print Name
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Debra S. Meredith
Kraft who [_j is personally known to me or [_] produced
as identification, and that she acknowledged executing
the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and
purposes therein expressed.
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WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2005.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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Signed, sealed and delivered DEVELOPER:
in the presence of:
VILLAGE MARKETPLACE INVESTORS,
LTD., a Florida limited partnership
By: Martni Maguire, Inc., a Florida
Print Name corporation, its General Partner
By:
Print Name Name: Rashid A. Katib
As its: President
By: Brown Maguire, Inc., a
Maryland corporation, its General
Partner
By:
Name:
As Its:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as the of Martni Maguire, Inc., a Florida Corporation, as a General Partner
of Village Marketplace Investors, Ltd. a Florida Limited Partnership, who [_] is personally
known to me or [_] produced as identification, and that
he/she acknowledged executing the same on behalf of said Limited Partnership in the presence
of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein
expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2005.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
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Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as the of Brown Maguire, Inc., a Maryland corporation, as a General
Partner of Village Marketplace Investors, Ltd. a Florida Limited Partnership, who [ ] is
personally known to me or [_] produced as
identification, and that he/she acknowledged executing the same on behalf of said Limited
Partnership in the presence of two subscribing witnesses, freely and voluntarily, for the uses
and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2005.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires (if not legible on seal):
•
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CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. Approved as COMMISSION AT A MEETING HELD ON
to form and legality this , 2005 UNDER AGENDA
day of , 2005. ITEM NO. .
FOLEY &LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2005.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
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Commission Number(if not legible on seal):
My Commission Expires (if not legible on
seal):
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JOINDER AND CONSENT TO
DEVELOPMENT AGREEMENT
(VILLAGE MARKETPLACE SHOPPING CENTER)
The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated
the 23rd day of December, 1998 and recorded in Official Records Book 5645, Page 4010, as
assigned to the undersigned by that certain Assignment of Loan Documents recorded in
Official Records Book 5749, Page 1126, and is also the holder of that certain indenture of
mortgage, dated the 12th day of May, 1999, and recorded in Official Records Book, 5749,
Page 1129, and that certain Consolidated Mortgage, Security Agreement and Fixture Filing
recorded in Official Records Book 5749, Page 1147, all in the Public Records of Orange
County, Florida, and all upon the above described property and the undersigned, for and in
consideration of valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby join in and consent to the execution of the foregoing Development
Agreement (Village Marketplace Shopping Center) and agree that the lien of its mortgage
described herein above shall be subordinated to the aforedescribed Development Agreement.
Signed, sealed and delivered
in the presence of: GENERAL AMERICAN LIFE INSURANCE
COMPANY, as Trustee
700 Market Street
St. Louis, MO 63101
Print Name:
By: Keycorp Real Estate Capital Markets,
Inc., an Ohio corporation, as its
Print Name: authorized representative
By:
Printed Name:
Title:
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2005, by (Name of Officer) who is the (Title)
of GENERAL AMERICAN LIFE INSURANCE COMPANY, a Missouri
corporation. He/she [_] is personally known to me, or [_] has produced
as identification.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires (if not legible on
seal):
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JOINDER AND CONSENT BY BP TO
DEVELOPMENT AGREEMENT
(VILLAGE MARKETPLACE SHOPPING CENTER)
The undersigned does hereby join in and consent to the execution of the foregoing
Development Agreement for the purpose of being bound by the provisions Section 2(A)
thereof and for the further purpose of agreeing that any interest which the undersigned may
have in the Property is subordinate to this Agreement.
Signed, sealed and delivered
in the presence of: BP PRODUCTS NORTH AMERICA,
INC.,
a Maryland corporation
Print Name:
By:
Print Name: Printed Name:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2005, by who is the (Title)
of (Name) BP PRODUCTS NORTH AMERICA, INC., a Maryland
corporation. He/she [ ] is personally known to me, or [_] has produced
as identification.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires (if not legible on
seal):
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EX)EIIBIT "A"
THE DEVELOPER PROPERTY
The Northwest 1/4 of the Northwest 'A of the Northwest '4 of Section 29, Township 22 South,
Range 28 East, less portions conveyed for Maguire Road and Highway 50 right-of way
purposes, LESS from the NW corner of Section 29, Township 22 South, Range 28 East,
Orange County, Florida, run South 00°39'00" East 74.63 feet along the West boundary of
said Section 29; thence North 89°40'10" East 52.41 feet for the point of beginning, said point of
beginning being the point of intersection of the Easterly right-of-way line of Maguire Road with
the Southerly right-of-way line of State Road No. 50; thence run North 89°40'10" East 200.00
feet along said Southerly right-of-way line of State Road No. 50; thence south 00°22'34" West
175.00 feet; thence South 89°40'10" West 200.00 feet to a point on the aforesaid Easterly right-
of-way line of Maguire Road; thence North 00°22'34" East 175.00 feet to the point of beginning.
ALSO BEING DESCRIBED AS:
PHASE I
Commence at the Southwest corner of the NW 1/4 of the NW 1% of the NW 1/4 of Section 29,
Township 22 South, Range 28 East;thence run N 89°31'15" E 55.02 feet to the Easterly right-of-
way line of Maguire Road for a point of beginning; thence N 00°45'41" W 411.12 feet along said
right-of-way line; thence N 89°40'10" E 196.53 feet; thence N 00°22'34" E 175.00 feet to the
Southerly right-of-way line of State Road 50, said point also being 200 feet East of the
intersection of said Southerly right-of-way line of State Road 50 and aforesaid Easterly right-of-
way line of Maguire Road; thence N 89°35'47" E 186.00 feet along said Southerly right-of-way
line; thence S 00°45'41" E 85.20 feet; thence S 89°14'19" W 5.00 feet; thence S 00°45'41" E
317.00 feet; thence S 89°14'19" W 26.00 feet; thence S 00°45'41" E 183.00; thence S 89°31'15"
W 355.00 feet to the point of beginning.
PHASE II
Commence at the Southwest corner of the NW 1/4 of the NW 1/4 of the NW 1/4 of Section 19,
Township 22 South, Range 28 East; thence run N 89°31'15" E 410.02 feet along the 10 acre line
for a Point of Beginning; thence continue N 89°31'15" E 254.84 feet to the southeast corner of
said NW 1/4 of the NW 1/4 of the NW 1/4; thence N 00°36'37" W 585.05 feet to the south right-of-
way line of State Road 50; thence S 89°35'47" W 225.39 feet along said right-of-way line; thence
S 00°45'41" E 85.20 feet; thence S 89°14'19" W 5.0 feet; thence S 00°45'41" E 317.00 feet;
thence S 89°14'19" W 26.00 feet; thence S 00°45'41" E 183.00 feet to the Point of Beginning.
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EXHIBIT "B"
THE KRAFT PROPERTY
From the Northwest corner of Section 29, Township 22 South, Range 28 East, Orange
County, Florida, run South 300°39'00" East 74.63 feet along the West boundary of said Section
29; thence North 89°40'10" East 52.41 feet for the point of beginning, said point of beginning
being the point of intersection of the Easterly right-of-way line of Maguire Road with the
Southerly right-of-way line of State Road No. 50; thence run North 89°40'10" East 200.00 feet
along said Southerly right-of-way line of State Road No. 50; thence to a point on the aforesaid
Easterly right-of-way line of Maguire Road; thence South 00°22'34" West 175.00 feet; thence
South 89°40'10" West 200.00 feet to a point on the aforesaid Easterly right-of-way line of
Maguire Road; thence North 00°22'34" East 175.00 feet to the point of beginning; LESS the
Westerly 10 feet of the above described property. All of said lands lying and being in Orange
County, Florida.
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