HomeMy WebLinkAboutItem III (B) Approval and Authorization for Mayor and City Clerk to execute Agreement with Kenjen, Ltd. re: Proposed Development Agreement and Temporary Easement a/a0/4 13
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FOLEY & LARDNER ''
ATTORNEYS temsZawd
AT LAW
SUITE 1800A MEMBER OF GLOBLEX
III NORTH ORANGE AVENUE WH M R OFFIC SIN
ORLANDO, FLORIDA 32801 / BERLIN
JACKSONVILLE TELEPHONE (4071423-7656 311)16 BRUSSELS
TALLAHASSEE DRESDEN
TAMPA FACSIMILE (4071648-1743 FRANKFURT
WEST PALM BEACH MAILING ADDRESS. C LONDON
MILWAUKEE PARIS
POST OFFICE BOX 2193
MADISON SINGAPORE
CHICAGO ORLANDO, FL 32802-2193 STUTTGART
WASHINGTON, D.C. TAIPEI
MEMORANDUM
TO: The Honorable Mayor and the City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney(' ,
DATE: February 20, 1996
RE: Clarke Road: Agreement with Renjen, Limited Regarding
Proposed Developer Agreement and Temporary Easement
The City staff is now in the process of completing its'
review of the final roadway and intersection plans submitted by
Silvestri Investments of Florida, Inc. for the completion of ClarkS
Road to Ocoee-Clarcona Road. In connection with the design of the',
Clarke Road/Ocoee-Clarcona Road intersection, it appears that it',,
will be necessary for the City to acquire additional lands for the
construction of the proposed intersection improvements. The needed,
land which is owned by Mr. & Mrs. Woodbury and Kenjen, Limited, has'.
not previously been acquired since the original project did not
include the intersection improvements.
The City staff met with representatives of Kenjen to
discuss the need for additional land and the final design of the
Clarke Road extension. Kenjen has expressed concerns that thea
design may not allow for adequate access from Clarke Road to their
property. By way of background, in 1991 Kenjen donated to the City',,
a .204 acre strip of land necessary for the extension of Clarke'
Road and a temporary easement to be utilized in connection with the
roadway project. The temporary easement expired on April 3, 1994 .
In reviewing the roadway plans, the City staff has
determined that a portion of Parcel 233 acquired from Mr. and Mrs.
Woodbury for retention pond purposes could provide Kenjen with
improved access to its property without requiring any redesign of',
the Clarke Road plans. In effect, a portion of Parcel 233 is
surplus land not required by the City. All of Parcel 233 wase
initially acquired because severance damages would have made it
uneconomic to acquire only a portion of Parcel 233 . This situation
presents an opportunity for the City and Kenjen to pursue a land'',
ESTABLISHED 1 B 4 2
The Honorable Mayor and the City Commissioners
of the City of Ocoee
February 20, 1996
Page 2
swap and avoid appraisal costs which could exceed the value of the
land involved. Attached hereto is a sketch of Parcel 233 . The
City staff and Kenjen have reached the following conceptual
agreement which will be memorialized in a Developer Agreement to be
presented to the City Commission at a subsequent date:
(1) The City and Kenjen will do a "land swap" in which
Kenjen will convey the "corner clips" for the intersection
improvements to the City and the City will convey a portion of
Parcel 233 to Kenjen, all as depicted on the attached sketch.
Kenjen will, at its expense, prepare the legal description and
sketch of the land to be conveyed to Kenjen and the City will,
at its expense, prepare the legal description and sketch of
the corner clips to be conveyed to the City. The land swap
would be at no cost or expense to either the City or Kenjen.
The City would, however, prepare all closing documents and pay
for the cost of recording.
(2) The City would approve a future median break with
turnlane and a curb cut for access to the Kenjen property at
the approximate location depicted on the attached sketch, such
median break with turnlane and curb cut being comparable to
other median breaks with turnlane and curb cuts along Clarke
Road. This would cross the lands to be conveyed by the City.
The final location would be determined in accordance with
development plans for the Kenjen property.
(3) If additional lands or easements are required for
drainage purposes in connection with the intersection
improvements at Clarke Road and Ocoee-Clarcona Road, then any
such lands or easements will be purchased by the City at its
appraised value, subject to the mutual agreement between the
City and Kenjen. The appraiser will be mutually agreed upon
by the City and Kenjen.
Kenjen has provided the City with its acceptance of the conceptual
agreement set forth above. In order to proceed with the
finalization of the Clarke Road plans, it is necessary to obtain
the City Commission' s conceptual approval of the agreement as set
forth above.
Kenjen has also agreed, at no cost to the City, to extend
the non-exclusive temporary easement previously granted to the
City. Attached hereto is the Non-Exclusive Temporary Easement
Extension Agreement executed by Kenjen, Limited. The City will pay
for the recording of this agreement.
The Honorable Mayor and the City Commissioners
of the City of Ocoee
February 20, 1996
Page 3
The City Manager concurs in this recommendation.
RECOMMENDATION
It respectfully is recommended that the City Commission ',
(1) approve in concept the proposed agreement between the City and
Kenjen, Limited, with respect to the land swap, curb cuts and ,
drainage easements as described in this Memorandum and authorize
the City Attorney to prepare a developer agreement for formal
action by the City Commission, and (2) approve the Non-Exclusive ,
Temporary Easement Extension Agreement between Kenjen, Limited, and ,
the City of Ocoee and authorize execution thereof by the Mayor and
City Clerk.
PER:dh
encl.
cc: Ellis Shapiro, City Manager
Lynn Walker Wright, Esq.
C:\WP51\DOCSWCOE\MEMOS\CLARKERD.MEM 12/20/961 DEBBIEH 1 PER:dh
AGENDA 2-20-96
Item III 13
FOLEY & LARDNER
ATTORNEYS AT LAW
SUITE 1800 A MEMBER OF GLORALEX
III NORTH ORANGE AVENUE WITH MEMBER OFFIO
ES IN
ORLANDO. FLORIDA 32801 BERLIN
JACKSONVILLE TELEPHONE 1407)423-7656 BRUSSELS
TALLAHASSEE FACSIMILE (4071 648-1743 DRESDEN
TAMPA FRANKFURT
WEST PALM BEACH MAILING ADDRESS: LONDON
MILWAUKEE PARIS
MADISON POST OFFICE BOX 2193 SINGAPORE
CHICAGO ORLANDO.FL 32802-2193 STUTTC;ART
WASHINGTON, D.C. L TAIPEI
MEMORANDUM ( '
U
TO: The Honorable Mayor and the City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney fr71.-
DATE: February 14, 1996
RE: Clarke Road: A•reement with en'en Limited Re.ardin!
Pro.osed Develo.er A.reement and Tem.orar Easement
The City staff is now n the process of completing itS
review of the final roadway a intersection plans submitted by
Silvestri Investments of Flori-a, Inc. for the completion of Clarke
Road to Ocoee-Clarcona Road. In connection with the design of the
Clarke Road/Ocoee-Clarcona •oad intersection, it appears that it
will be necessary for the ity to acquire additional lands for the
construction of the prop. ed intersection improvements. The needed
land which is owned by ,a . & Mrs. Woodbury and Kenjen, Limited, haS
not previously been . quired since the original project did not
include the interse ion improvements.
The Cit.' staff met with representatives of Kenjen tp
discuss the nee• for additional land and the final design of the
Clarke Road ex'ension. Kenjen has expressed concerns that the
design may not allow for adequate access from Clarke Road to their
property. By way of background, in 1991 Kenjen donated to the Cit
a .204 acre strip of land necessary for the extension of Clark
Road and a emporary easement to be utilized in connection with the
roadwa p•oject. The temporary easement expired on April 3, 1994E
In reviewing the roadway plans, the City staff haS
determined that a portion of Parcel 233 acquired from Mr. and Mrs
Woodbury for retention pond purposes could provide Kenjen with
improved access to its property without requiring any redesign of
the Clarke Road plans. In effect, a portion of Parcel 233 iS
surplus land not required by the City. All of Parcel 233 was
initially acquired because severance damages would have made it
uneconomic to acquire only a portion of Parcel 233 . This situation
presents an opportunity for the City and Kenjen to pursue a land
Obt
ESTABLISHED 1 8 4 2 /�{
swap and avoid appraisal costs which could exceed the value of the
land involved. Attached hereto is a sketch of Parcel 233. The
City staff and Kenjen have reached the following conceptual
agreement which will be memorialized in a Developer Agreement to be
presented to the City Commission at a subsequent date:
(1) The City and Kenjen will do a "land swap" in which ,
Kenjen will convey the "corner clips" for the intersections
improvements to the City and the City will convey a portion of ',
Parcel 233 to Kenjen, all as depicted on the attached sketch. ',
Kenjen will, at its expense, prepare the legal description and ',
sketch of the land to be conveyed to Kenjen and the City will,
at its expense, prepare the legal description and sketch of ',
the corner clips to be conveyed to the City. The land swap ,
would be at no cost or expense to either the City or Kenjen.
The City would, however, prepare all closing documents and pay
for the cost of recording.
(2) The City would approve a future median break and a
curb cut for access to the Kenjen property at the approximate 'i ae
location depicted on the attached sketch, such median break'
and curb cuts being comparable to other median breaks and curb
cuts along Clarke Road. This would cross the lands to be
conveyed by the City. The final location would be determined,
in accordance with development plans for the Kenjen property...„_)
(3) If additional lands or easements are required for,
drainage purposes in connection with the intersection
improvements at Clarke Road and Ocoee-Clarcona Road, then any
such lands or easements will be purchased by the City at its '
appraised value, subject to the mutual agreement between the
City and Kenjen. The appraiser will be mutually agreed upon'.
by the City and Kenjen.
Kenjen has provided the City with its acceptance of the conceptual
agreement set forth above. In order to proceed with the
finalization of the Clarke Road plans, it is necessary to obtain
the City Commission's conceptual approval of the agreement as set
forth above.
Kenjen has also agreed, at no cost to the City, to extend',
the non-exclusive temporary easement previously granted to the''.
City. Attached hereto is the Non-Exclusive Temporary Easement
Extension Agreement executed by Kenjen, Limited. The City will pay',
for the recording of this agreement.
The City Manager concurs in this recommendation.
RECOMMENDATION
It respectfully is recommended that the City Commission
(1) approve in concept the proposed agreement between the City and
-2-
Kenjen, Limited, with respect to the land swap, curb cuts and
drainage easements as described in this Memorandum and authorize
the City Attorney to prepare a developer agreement for formal ''
action by the City Commission, and (2) approve the Non-Exclusive ',
Temporary Easement Extension Agreement between Kenjen, Limited, and ',
the City of Ocoee and authorize execution thereof by the Mayor and '.
City Clerk.
PER:dh
encl.
cc: Ellis Shapiro, City Manager
Lynn Walker Wright, Esq.
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THIS INSTRUMENT PREPARED BY •
AND SHOULD BE RETURNED IV:
Mary A. Doty, Esq.
Foley & Lardner
111 N. Orange Avenue, Ste 1800
P.O. Box 2193
Orlando, FL 32802
(407) 423-7656
NON-EXCLUSIVE TEMPORARY EASEMENT EXTENSION AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT EXTENSION AGREEMENT is
made and entered into this `-day of -Fe L r 1996, by and
between KENJEN, LIMITED, a Florida limited partnership, whose
address is 713 North East 26th Avenue, Fort Lauderdale, Florida
32304-3613 (hereinafter referred to as the "Grantor") , and the CITY
OF OCOEE, a Florida municipal corporation, whose address is 150
North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred
to as the "Grantee") .
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property
located in Orange County, Florida, as more particularly described
in Exhibit A attached hereto and incorporated herein by reference
(the "Easement Property") ; and
WHEREAS, Grantor granted and conveyed to Grantee, a non-
exclusive temporary easement over, upon and across the Easement
Property on April 3, 1991 and recorded in Orange County Public
Records O.R. 4281, Page 1797 (the "1991 Agreement") .
WHEREAS, the 1991 Agreement, by its terms, expired on April 3,
1994 but has never been terminated as provided for in Section 6 of
the Agreement; and
WHEREAS, thearties now desire to extend the 1991 Agreement
P g
pursuant to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants,
promises, terms and conditions set forth herein, and for other good
and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. The above recitals are true and correct, form a
material part of this Agreement, and are incorporated herein by
reference.
2 . Grantor hereby gives, grants, bargains, sells and
conveys to Grantee a non-exclusive temporary easement over, upon
and across the Easement Property for the purposes hereinafter
stated (the "Easement") , all subject to the terms, conditions and
limitations set forth herein.
3 . Grantor hereby warrants and guarantees to Grantee
that Grantor has fee title to the Easement Property, subject to
easements, reservations, restrictions and rights-of-way of records,
if any, and that Grantor has full power and authority to grant this
Easement as to the Easement Property.
4. Grantee's use of the Easement Property shall be for
the purpose of Grantee, through itself, its agents, contractors,
consultants and employees: (a) performing such activities on the
Easement Property as Grantee may deem reasonably necessary in
connection with the design, engineering and construction of a
certain roadway known as Clarke Road which is to be located
adjacent to and in the vicinity of the Easement Property, and (b)
2
tying in and harmonizing the Easement Property and the driveways,
walkways and other improvements thereon with the construction of
Clarke Road to be undertaken by the City in conjunction with the
aforesaid activities on the Easement Property. Notwithstanding the
foregoing, this Easement is granted upon the condition that the
sloping and/or grading upon the Easement Property shall not extend
beyond the Easement Property and that all grading or sloping shall
conform to all existing structural improvements within the Easement
Property and all work will be performed in such a manner that
existing structural improvements will not be damaged.
5. This Easement is non-exclusive, and Grantor reserves
to itself, its successors and assigns, the non-exclusive right to
use, pass and repass over and upon the Easement Property. Each
party shall use the rights granted and reserved by this Easement
Agreement with due regard to the rights of the other party to use
and enjoy the Easement Property.
6. The Easement shall terminate upon the completion of
the construction of Clarke Road as certified by the City. Upon
termination of the Easement, Grantee shall record a Notice of
Termination in the Public Records of Orange County, Florida.
7. Grantee shall, at its sole cost and expense, restore
any improvements on the Easement Property that are damaged by
Grantee incident to its construction of Clarke Road to a condition
which approximates as closely as is reasonably practicable the
condition of said improvements prior to being damaged by Grantee.
3
8. To the extent permitted by law, the Grantee agrees
to indemnify and hold harmless the Grantor from and against any and
all claims, actions, causes of action, loss, damage, injury,
liability, cost or expense, including without limitation attorneys' I
fees (whether incurred before, during or after trial, or upon any
appellate level) , arising from the Grantee's use of the Easement
Property or from the exercise by the Grantee of any rights granted
by this Easement Agreement.
9. To the extent that any rules, regulations oral
ordinances of the Grantee or any previously existing development '
approvals or any agreements between the Grantor (or its
predecessors in interest) and the Grantee requires that certain
improvements, including but not limited to walls, signage,
landscaping, irrigation and berming, be constructed or installed
within all or any portion of the Easement Property, the Grantor
agrees that it shall not construct or install any such improvements
within the Easement Property until the earlier of (i) the date of
termination of this Easement Agreement, or (ii) the written )
approval by the Grantee of a specific improvement within they
Easement Property. The aforementioned restrictions may be waived
by Grantee in whole or in part, at the Grantee's option. The 11
Grantor may from time-to-time request the approval of Grantee to l'
construct or install certain improvements within the Easement ,
Property and Grantee covenants and agrees to grant such approval '
unless the Grantee makes a good faith determination that such )
improvement will interfere with the exercise by Grantee of its 11
4
rights and privileges under the terms of this Easement Agreement.
Grantee covenants and agrees that it will not defer or delay the 11
issuance to Grantor of any building permits, certificates of
completion or certificates of occupancy because of the inability of 11
the Grantor to complete improvements within the Easement Property
due to the restrictions imposed by this Easement Agreement;
provided, however, that the Grantor shall, at Grantor's sole cost
and expense, promptly complete any such deferred or delayed
improvements upon the termination of this Easement Agreement or the
waiver of such restriction by the Grantee. Nothing contained in
this Section shall be construed to release or discharge the Grantor
from any of its obligations and responsibilities with respect to
improvements to be constructed or installed within the Easement
Property. This Section is intended only to affect the timing of
the Grantor's compliance with any such obligations and
responsibilities.
10. The Easement shall be binding upon and inure to the
benefit of the parties specified herein, their respective legal
representatives, successors and assigns, and the benefits and 11
burdens hereof shall run the Easement Property.
11. This Easement Agreement my be modified or amended
only upon the mutual written consent of Grantee and Grantor, or
their respective legal representatives, successors and assigns.
12. The rights and privileges of the Grantee hereunder
may be exercised by Silvestri Investments of Florida, Inc. , a
Florida corporation ("Silvestri") , through itself, its agents,
s
contractors, consultants and employees; provided, however, that the
Grantee shall first give Grantor written notice that Silvestri will
be exercising the rights and privileges of the Grantee hereunder.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names and have caused this Easement Agreement to be executed as of
the day and year first above written.
Signed, sealed and delivered GRANTOR
in the p - e of:
—....--110— KENJEN, LIMITED, a Florida
(__-- limite- • - nership
Pri ' Name• rV,i/ I✓atI/',t !ti%r.,Al�
j T By: /� _
e/'' ' ,
Print Name: pod( C. AStN Name: ►l s.��
Its General • - ner V
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this VIW day of FE,wyt,94y , 1996, by
7.)c71C.jI3 ff TEA,A-)/AK,S as general partner of KENJEN, LIMITED, a
Florida limited partnership. Such person (notary must check
applicable box)
ExPce s
❑ is/are personally known to me. J--52- 13-- 3'5-3OZ-c S_ Z _97
)v' produced a current Florida driver's license as identification.
o produced as identification.
[SEAL]
�2 C t C.C.2---;- , , �� .6./Lz,t.�
Signature of Notary
s cid, FRANCES O.GOSNELL f.7- 1-1-1\1C-E-S C'7 S NCZ (�
_r !� ;.a MY COMMISSION I CC 479788
_;�` WIRES: 5,1989 Name of Notary (Types,Princes or Stamped)
'. SOP.` Bonded� ,Notary I MNPA111Ra
I�MIIO{I 1111U _ Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
6
Signed, sealed and delivered GRANTEE
in the presence of:
CITY OF OCOEE, a Florida
muncipal corporation
Print Name:
By:
Print Name: S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
[SEAL]
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
OF OCOEE, APPROVED AS TO FORM COMMISSION AT A MEETING HELD ON
AND LEGALITY THIS DAY OF , 1996 UNDER
, 1996. UNDER AGENDA ITEM NO.
FOLEY 6 LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that the foregoing instrument was
acknowledged before me this day of , 1996, by
S. Scott Vandergrift and Jean Grafton as the Mayor and City Clerk,
respectively, of the City of Ocoee. Such persons (notary must
check applicable box)
❑ is/are personally known to me.
❑ produced a current Florida driver's license as identification.
❑ produced as identification.
[SEAL]
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):
7
K
EXHIBIT "A"
TEMPORARY CON TRUCTIONCRIPTION EASEMENT (NORTHWEST)
A STRIP OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OP SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
•
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19"
WEST, 1250.07 PEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OP 1241.00 FEET, A
CENTRAL ANGLE OF 41'47'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 887.79 FEET AND A CHORD BEARING OF
NORTH 20'40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'71'50" EAST, 591.82 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY: THENCE RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 FEET, A CENTRAL ANGLE OP 41'20'59", AN ARC
• LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT OF
TANGENCY: THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTER-
LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL' ANGLE OF
49'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD LENGTH
OF 1468.31 FEET AND A CHORD BEARING OF NORTH 22'47'15"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45'23'39"
EAST, 300.01 FEET TO THE POINT OP CURVATURE OF A CURVE
CONCAVE SOUTHWESTERLY, THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OP 2000.58
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
continued on the following pages
1
•
OF NORTH 1� EAST, TO THE POINT 0 TANGb�T.. ..4CE
RUN NORTH 1.4'37,23" WEST, 72000 FEET TO THE PULNT OP
•
CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE RUN "ARM_No.130.'
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH or
3274.04 FEET, A CENTRAL ANGLE OP 17'00'08", AN ARC LENGTII
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
BEARING or NORTH 06'07'19" WEST TO THE POINT OF TANGENCY;
THENCE RUN NORTH 02'22'45" EAST, 239.98 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OP
3274.04 FEET, A CENTRAL ANGLE OP 21'09'36", AN ARC LENGTH
OF 1209.14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD BEARING or NORTH 08'12'03" WEST TO THE POINT OP
TANGENCY; THENCE RUN NORTH 18'46'51" WEST, 239.98 FEET TO
THE POINT OP CURVATURE OP A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OP 19'56'58", AN
ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH OF 1134.21
FEET AND A CHORD BEARING OF NORTH 08'48'22" WEST TO THE
POINT OP TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OP
24'36'13", AN ARC LENGTH OF 820.12 FEET, A CHORD LENGTH
OF 013.84 FEET AND A CHORD BEARING OF NORTH 11'08'00"
WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 23'26'06"
WEST 256.33 FEET; THENCE RUN SOUTH 89'50'46"WEST, 54.43
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
89'50'46" WEST, 21.77 FEET: THENCE RUN NORTH 23'26'06"
WEST, 52.81 FEET; THENCE RUN NORTH 66'33'54" EAST, 20.00
FEET; THENCE RUN SOUTH 23'26'06" EAST 61.41 FEET TO THE
POINT OF BEGINNING;
TOGETHER WITH:
A STRIP OP LAND BEING A PORTION OF THE NORTHEAST QUARTER OP SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
NORTHEASTERLY
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OP REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OP
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19"
WEST, 1250.07 FEET TO THE POINT OF CURVATURE OP A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL, ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OF
CURVATURE OP A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
•
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
Of 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC
LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OP CURVATURE OF A CURVE CONCAVE SOUTHEASTER-
LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
49'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD LENGTH
OF 1468.31 FEET AND A CHORD BEARING OF NORTH 22'47'15"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45'23'39"
EAST, 300.01 FEET TO THE POINT OP CURVATURE OF A CURVE
CONCAVE SOUTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OP 1909.86 FEET, A
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OF 2000.58
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY, THENCE
RUN NORTH 14.37'23" WEST, 720.00 FEET TO THE POINT OP
CURVATURE OF A CURVE CONCAVE EASTERLY, THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
BEARING OF NORTH 06'07'19" WEST TO THE POINT OP TANGENCY;
THENCE RUN NORTH 02'22'45" EAST, 239.98 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY, THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 21.09'36", AN ARC LENGTH
OF 1209.14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD BEARING TANGENCYFNORTH
, THENCERUNNORTH 18'463'51"E WEST, 239.98 PEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY:
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 19'56'58", AN
ARC LENGTH OP 1139.96 FEET, A CHORD LENGTH OF 1134.21
FEET AND A CHORD BEARING OP NORTH 08'48'22" WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
i% TE' TH/S is NOTA SURVEY
PEG/PROP .3$/ON4L ENG/NEER/NG CONSULTANTS, /NC.
p/oneert
lurre,zorJ
trite /SOO fele Pere C.,,/re 100 feel eel/mw S/
Or/tale, nor/de -WO/ e07/42t-I0a
Section 4 ; Township 2Z South ; Range 2.8 East
04TE' JULY 3, 1990IPREP sr: W.M. 1ORAWNBY: M.L.M. 1..osNO1oc-109 (I.I
lior WWI
WESTERLY; AKk,,J1W NORTHERLY, ALONG SAID I NO _
A RADIUS LENGTH OF 1909.86 FEET, A CENTRA ANULE OF
24.36'13". AN ARC LENGTH OF 820.12 FEET, A CHORD LENGTH MCC,u0.134!I
OF 813.84 FEET AND A CHORD BEARING OP NORTH 11.08'00"
WEST TO THE POINT OF TANGENCY} THENCE RUN NORTH 23.26'06"
WEST 256.33 FEET; THENCE RUN NORTH 89.50'46" EAST, 54.43
FEET TO THE POINT OP BEGINNING; THENCE RUN NORTH
23'26'06" WEST, 104.44 FEET; THENCE RUN NORTH 66'33'54"
EAST, 20.00 PEET; THENCE RUN SOUTH 23.26106" EAST 113.05
FEET; THENCE RUN SOUTH 89'30'46" WEST, 21.77 FEET TO THE
POINT OF BEGINNING;
TOGETHER WITH:
A STRIP OP LAND BEING A PORTION or THE NORTHEAST QUARTER OP SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS*
$OUTIIEASTERLY PORTIO*{
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OP THE SOUTHWEST QUARTER OF
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19"
WEST, 1250.07 FEET TO THE POINT OP CURVATURE OF A CURVE
CONCAVE SOUT}IEASTERLY, THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20.40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OP
CURVATURE Of A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC
LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OF NORTH 20.51'20" EAST TO THE POINT or
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTER-
LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
49'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD LENGTH
OF 1468.31 FEET AND A CHORD BEARING OF NORTH 22.47'15"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45'23'39"
EAST, 300.02 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY, THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OF 2000.58
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY; THENCE
RUN NORTH 14'37'23" WEST, 720.00 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
BEARING OF NORTH 06.07'19" WEST TO THE POINT OF TANGENCY;
THENCE RUN NORTH 02.22'45" EAST, 239.98 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OP 21.09'36", AN ARC LENGTH
OF 1209.14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD BEARING OF NORTH 08'12'03" WEST TO THE POINT OF
TANGENCY: THENCE RUN NORTH 18'46'51" WEST, 239.98 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 19.56'58", AN
ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH OF 1134.21
FEET AND A CHORD BEARING OF NORTH 08.48'22" WEST TO THE
•
POINT OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WEAID CURE, HAVNG
STERLY/
LENGTH OF 1909.86E FEET,ALONA G SCENTRALVANGLE IOF
10'59'24", AN ARC LENGTH OF 366.34 FEET, A CHORD LENGTH
OF 365.77 FEET AND A CHORD BEARING OF NORTH 04.19135"
WEST: THENCE RUN NORTH 89'41'l9" EAST 50.68 FEET TO THE
POINT OF BEGINNING, SAID POINT OF BEGINNING LYING ON A
NON-TANGENT CURVE CONCAVE WESTERLY: THENCE RUN NORTHERLY,
ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 1959.86 FEET,
A CENTRAL ANGLE OF 02.13'370, AN ARC LENGTH OF 76.17
FEET, A CHORD LENGTH OF 76.17 FEET AND A CHORD BEARING OF
• NORTH 10.41'24" EAST; THENCE RUN NORTH 01'09'37" EAST,
81.97 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
WESTERLY: THENCE RUN SOUTHERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OP 1979.86 FEET, A CENTRAL ANGLE OP
04.38'00", AN ARC LENGTH OP 160.11 FEET, A CHORD LENGTH
OF 160.07 FEET AND A CHORD BEARING OP SOUTH 11'47'56"
EAST; THENCE RUN SOUTH 89.41'19" WEST, 20.26 FEET TO THE
POINT OF BEGINNING;
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA
AND CONTAINS 0.131 ACRES, MORE OR LESS.
ROTE: THIS/S NOTA SURVEY
PEC/PROFESS/ONAL ENS/NEER/NG CONSULTANTS, /NC.
'fig/ S
o/onn'rt surveyors
t.++. 1„0 f.+' P.rt Cu,« . too f.,+ R• /.,.o s or+..d., rnr/i' 314/0/ ,0 r/45f.0044
Section 4 ; Township ZZ South ; Range Z8 East
OATS' JULY 3 1990 (RQ aY+
IORAIYNBY+ M.L.M. I..t7BNO: 06-109 (t•I)
Mug
LEGAL DESCR/PT/ON
PARCEL No. 134 i 135
DETAIL'A"
NOT TO SCALE
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SEE DETAILOA
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•e•,sas.Af 4.IdWOt• 15.4
4.s'Ct0.sd•c•/9C.J6• DETAIL 'g"
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•
ICJ!del s.u11E,sw.1/4 W. W (PARCEL W)(SE.T.G.E.?
SECTION 21.22.2a
P.O.C. s .,;,
r f
Sw.COIN E R 9;
SCCTION 21.22•Lb N 3
z
SCALE: I"= 300 z
NOTE: TN/S,(S Nor A SURVEY
PECIPROFESS/ONAL ENO/NEER/NG CONSULTANTS, /NC.
snpinsors planners
$tlrV.70/J
et'//t' /se0 A/ej.r Perk Platt' ZOO fest Rel/nsew S/r../ Or/seat', "WO* JZSO/ 407/4,!-IO?l,
Section 4 ; Township 2Z South ; Range Z8 East
OAT( !JULY 2, 1990 !PREP eY+ W.M.
DRAWN 9Y+ R,T, I..t7B NO, OE-109 (1.1)
•
FARCE Na0C
SURVEYOR'S NOTES: •
(1) REPRODUCTIONS OF THE SKETCH ARE NOT VALID UNLESS SEALED WITH
THE SURVEYOR'S EMBOSSED SEAL.
(2) LANDS- SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS
FIRM. .
(3) BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTH LINE OF THE •
SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 22 SOUTH, • GE 28
EAST, AS BEING NORTH 89.50'17" EAST.
(4) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE .
SURVEYOR AT THE CLIENTS REQUEST.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE C LENT'S
INSTRUCTIONS.
•
•
CERTIFTCATrQN
WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KN•WLEDGE
AND BELIEF. WE FURTHER CERTIFY THAT THIS LEGAL DESCRIPTIO MEETS
THE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE 21HH-6 (FAC) I
ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT ' 0 THE
FLORIDA. STATUTES 472.027, SUBJECT TO THE QUALIFICATIONS NOTED
HEREON.
(1/ '
•
DAVID A.%-WHITE, P.L.S. NO. 4044
ACTS' THIS Cf NOT A S//RYEY
PEG/PROFESS/OVAL ENG/NEER/NG CONSULTANTS, INC.
engineers :/angers
eurreiort
J•p• /J0O C•i. r.r1 CAW,* Zoo t.,l g•1/.•u J/
ON..L. ibr/I. JtIO/ 107/4rt.IOft
Section 4 ; Township ZZ South ; Range Z,8 East •
L-L----------------
JULY 3, 19 9 0REP eY: w.N(• 1ORAWN ST 1 M.L.M.�... IJOS NO, 0E-109 (1.,)