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Home My WebLink AboutIII (F) Approval and Authorization to Enter Into Stipulated Order of Taking with Orlando/Orange County Expressway Authority Agenda 6-16-98 FOLEY & LARDNER Item III F ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SACRAMENTO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN DIEGO LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 SAN FRANCISCO MADISON ORLANDO, FLORIDA 32801-2386 TALLAHASSEE MILWAUKEE TELEPHONE(407)423-7656 TAMPA ORLANDO FACSIMILE(407)648-1743 WASHINGTON D.C. WEST PALM BEACH • MEMORANDUM TO: The Honorable Mayor and the City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: June 11, 1998 RE: Authorization to Enter into Stipulated Order of Taking with the Orlando/Orange County Expressway Authority in Case No. CI 98-4279 As discussed in my memorandum to you of May 28, 1998, the Orlando/Orange County Expressway Authority has filed a condemnation action against the City of Ocoee to acquire certain lands lying between portions of the Forest Lake Golf Club. The Expressway Authority is proceeding pursuant to a "quick take" procedure whereby they acquire title and deposit their good faith estimate of value with the Court . A subsequent hearing will be held on the valuation issue in the event a negotiated settlement cannot be reached. A hearing on the Order of Taking will likely be scheduled prior to the July 7, 1998 City Commission meeting. The Expressway Authority has requested that the City enter into a Stipulated Order of Taking whereby the City agrees not to contest the "need and necessity" of the Expressway Authority acquiring the affected land. The City staff has no objection, provided that it addresses certain matters of concern, including a specific reference to the plans and additional details regarding the easement rights being acquired. The City Attorney and the legal counsel for the Expressway Authority are proceeding in a cooperative manner to reach agreement, in consultation with the City Manager, on the specific terms of a Stipulated Order of Taking. • ESTABLISHED 18424P4t/(6. A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART Due to the scheduling of the hearing (which is not within the control of the City) we will not be in a position to present the Stipulated Order of Taking to the City Commission for approval prior to the Court deadline. Accordingly, we are requesting that the City Commission authorize the City Attorney and, to the extent necessary, the Mayor and City Clerk, to enter into a Stipulated Order of Taking on such terms and conditions as may be approved by the City Manager upon recommendation of the City Attorney. As previously indicated, any such stipulation would not involve any determination on the valuation issue and would only affect the actual taking of the property interest . The Expressway Authority has indicated that they may seek an additional easement needed to accommodate changes being requested by Forest Lake. We do not intend to oppose the taking of this additional easement . Finally, in the event a Stipulation is not agreed upon, we do not intend to oppose at the hearing the need and necessity of the taking. The City Manager concurs in this recommendation. For your information, attached hereto is a copy of the Complaint which specifically identifies the land and easements being taken by the Expressway Authority. RECOMMENDATION: It respectfully is recommended that the City Commission authorize the City Attorney and, to the extent necessary, the Mayor and City Clerk, to enter into a Stipulated Order of Taking with the Orlando/Orange County Expressway Authority in Case No. CI 98-4279 on such terms as may be approved by the City Manager. PER/ww Enclosure cc: Ellis Shapiro, City Manager James W. Shira, P.E. Mary A. Doty, Esq. C:\W P51\DOCS\OCOE\STIPORD.MEM 1 6/11/98 1 ROSENTHAL I PER:ww -2- • IN THE CIRCUIT COURT OF THE — NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA ORLANDO/ORANGE COUNTY Case No. e_Z Q g- L.f a 79 EXPRESSWAY AUTHORITY, a body I politic and corporate, and an agency of the state, under the laws of the State of Florida, Parcel No.(s) 62-165 Petitioner, v. CITY OF OCOEE, a Florida Municipal Corporation; FOREST LAKE GOLF CLUB, LTD. and EARL K. WOOD, TAX COLLECTOR, ORANGE COUNTY, FLORIDA, Respondents. PETITION IN EMINENT DOMAIN Petitioner, ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY, a body politic and corporate, and an agency of the state, under the laws of the State of Florida, sues each Respondent named herein, and all of the parties claiming interest by, through, under or against the named Respondents, and all other parties having any right, title and interest in the property described herein, and in support thereof alleges: 1. This is an action in eminent domain to condemn certain property lying within Orange County, Florida. 2. Petitioner is a body corporate and politic under the laws of the State of Florida and ORL 11EMD01.N 188569.1 12842/0102 4/2898 3-o3 P14 brings these proceedings under the authority of the Constitution and Laws of Florida, including Florida Statutes, Chapters 334 through 339, inclusive, known as the Florida Transportation Code, and Chapters 73, 74 and 348, and by a resolution duly adopted, a copy of which is attached hereto as Exhibit "1". 3. The property sought to be acquired is identified and described more particularly in Exhibit "2", and shall be acquired subject to certain access easements through the areas identified and described more particularly at Exhibits "3" and "4". The purpose of the access easements identified at Composite Exhibit "3" is to provide replacement access to the parent tract through the Western Beltway Project as contemplated in that certain Easement Agreement recorded in Official Records Book 4574, Page 1228, Public Records of Orange County, Florida; and the purpose of the access easement identified and more particularly described at Exhibit "4" is to provide public access through the Western Beltway Project in accordance with that certain Recreational Trail Easement recorded in Official Records Book 5164, Page 1450, Public Records of Orange County, Florida. 4. The interest sought is fee simple, limited access, temporary construction easement, permanent drainage easement, water retention area or such designation as set forth in the parcel descriptions attached hereto. 5. The property is being acquired for use as an addition to the Orlando/Orange County Expressway System, known more particularly as the Western Beltway Project, and is necessary for the use and benefit of the public in general. 6. Petitioner has made diligent search and inquiry to discover the names, residences, and legal disabilities, if any, and interests in the property of all owners, lessees, mortgagees, judgment ORLIIEMOOM1188568.1 12842/0102428198 303 PM creditors, lienholders, and persons in possession and of all persons having or claiming to have any interest in the property, and those facts are particularly set forth in Exhibit "5". 7. There exists or may exist outstanding real property taxes or other liens due and owing to the local municipality and/or county named herein on any or all parcels included herein and made a part hereof. 8. No mobile home is located upon the property sought to be acquired. 9. Petitioner has surveyed and located its line or area of construction, and intends in good faith, to construct on or over the described property. 10. Petitioner has complied with all conditions precedent to Petitioner's right to proceed with the condemnation of the described property, including, without limitation all notice requirements contained in the Florida Statutes Section 73.0511 and Chapter 348, in so far as such sections may be applicable. 11. Petitioner is authorized to take possession and title in advance of the entry of final judgment in this eminent domain action. WHEREFORE, Petitioner respectfully demands the following relief: A. That it be permitted to condemn and take the property described above for the uses and purposes set forth in this Petition, and that the interests sought be vested in Petitioner; B. That a trial by jury be held on all matters triable as a matter of right by a jury; C. That the jury be required to view the property; and ORl11EMOOM1188568,1 1284210102 428/98 3:03 PM D. That Petitioner be granted possession and title to the property in advance of final judgment pursuant to F.S. Chapter 74. Dated: S ,9 u BROAD AND CASSEL By: C. KEN BISHOP, P.A. Fla. Bar No.: 154728 RICHARD N. MILIAN, P.A. Fla. Bar No.: 729256 ROBERT ALFERT, JR. Fla. Bar No.: 0959324 390 North Orange Avenue Suite 1100 Orlando, Florida 32801 P.O. Box 4961 (32802) Telephone: (407) 8394200 Fax: (407) 425-8377 Attorneys for Petitioner ORIPEMDOMM8568.1 12542/0102 4/28198 3:03 PM RESOLUTION WHEREAS, the ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY, (hereinafter "AUTHORITY"), is empowered by Chapter 348, Part V, Florida Statutes to acquire, hold, construct, improve, maintain and operate the ORLANDO/ORANGE COUNTY EXPRESSWAY SYSTEM (hereinafter "SYSTEM"), and is further authorized to construct any extension, additions or improvements to said SYSTEM or pertinent facilities including all necessary approaches, roads and avenues of access with such changes, modifications or revisions of said project as shall be deemed desirable and proper; and WHEREAS, in furtherance of such authorization, the AUTHORITY has been granted the right to acquire private or public property and property rights including rights of access, air, view and light, by gift, devise, purchase or condemnation by eminent domain proceedings; and WHEREAS, the AUTHORITY has determined that it is necessary and in the public interest to make certain additions and improvements to the SYSTEM, and the AUTHORITY has determined that to do so it is necessary and in the public interest that the AUTHORITY obtain certain parcels of land situate, lying and being in Orange County, State of Florida, in fee simple, perpetual drainage easement, water retention area, and/or temporary construction easement, the legal description whereof being attached hereto as Schedule "1"; and WHEREAS, the AUTHORITY has determined that it is necessary and in the public interest to condemn that certain parcel of land described at Schedule "1" subject to that certain Recreational Trail Easement dated November 12, 1996, and recorded in Official Records Book 5164, Page 1450, Public Records of Orange County, Florida, said easement being located in part within the parcel of land described on Schedule "1" in an area more particularly described in the legal description whereof being attached hereto as Schedule "A" (Ingress Egress Easement "A"); and WHEREAS, in order to accommodate the present utilization of the parent tract through which the SYSTEM traverses, the AUTHORITY has also determined that it is necessary and in the public interest to grant to the lessee of the parent tract, Forest Lake Golf Club, Ltd., a Florida limited partnership, easements of access under the SYSTEM, said easements being located and described in the legal descriptions whereof being attached hereto as Schedules "B" (Ingress Egress Easement "B") and "C" (Ingress Egress F2sement "C"). IT IS, THEREFORE, RESOLVED that for the purposes of foresaid, it is necessary, practical, and to the best interest of the public and the AUTHORITY that the fee simple interest, perpetual drainage easement, water retention area and temporary construction easements be acquired in the name of the AUTHORITY by eminent domain over and upon those certain parcels heretofore described in the attached Schedule "1"; and be it further RESOLVED that it is also necessary, practical, and to the best interest of the public and the AUTHORITY that the parcel of land described at Schedule "1" be acquired and condemned Guy 12842\)002\RESOLV F.603 980422- I:49pm ; .j. EXHIBIT • • yrs_`'•". oot • subject to that certain Recreational Trail Fasement dated November 12, 1996, and recorded in Official Records Book 5164, Page 1450, Public Records of Orange County, Florida, as said easement affects the lands more particularly described in the legal description attached hereto as Schedule "A" (Ingress Egress Easement "A"); and be it further RESOLVED that it is also necessary, practical, and to the best interest of the public and the AUTHORITY that the lessee of the parent tract, Forest Lake Golf Club, Ltd:;be granted easements of access under the SYSTEM, said easements being located and described in the legal descriptions whereof being attached hereto as Schedules "B" and "C"; and RESOLVED that the AUTHORITY, its officers, employees and attorneys be and are hereby authorized and directed to proceed to take the necessary steps to institute and prosecute such necessary actions and proceedings as may be proper for the acquisition of the fee simple interest, perpetual drainage easement, water retention area and temporary construction easements in said lands by eminent domain proceedings and otherwise, to preserve and grant the aforesaid easements, and to prepare, sign, execute, serve, publish and file in the name of the AUTHORITY, all eminent domain papers, affidavits and pleadings, and said attorneys are authorized to have prepared such other instruments and documents as may be necessary in connection herewith, including but not limited to, easements of access. AND BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon adoption. ~ ADOPTED this ZZ day of fklakj. , 1998. ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY By: Chaff ED\12842\0002\RESOLV E.6O3 980422- I:49pni • • - - •• CUR' TABLE ARC LE H RADIUS CHORD BEARING CI 09.59'38" 359.2,3' (CI 2059.86' S09.21 '33"W C3 00.24'30" 14.68'(C) 2059.86' N14.33'37"E LINE TABLE . 4- 157°58'03"W 317.64'(C1 - L2 557°58'03"E 316.80'(C 1 L3 N84•37' 17-E 304.39'(C1 L4 N84.37' 17"E 304.39'(C) ORANGE z WEST m L5 S84.37' I7"W 304.39'(C) 1WEST L PARK -co L6 SO4.21 '44"W '20.29•(C) (P.B. Y. PGS. 137 a 138) S2 (r N L7 504°21 '44"W 40.59'(C) o N L8 N04.2I '44"E 40.59'(C) cv cv • L9 N04.21 '44"E 20.29'(C1 r1 - in BLOCK 29 " U 30 o W •N P.Q. . .W C)N , N • W,1 /4. SEC.5 StA. A UN 1.A. RiV �• • . LINE. N• m � 584°37'17 ) J •N 2657.01 (C :� `P.o.e. L4 •n SM/ "B" .n I' m L5 J '^ 1527.29'(C) J • -tat v w TRAREILEEASELENT `.• %. ABBREVIATED 'W^ H w (0.R. 5164. PG. 1 501 ?r N;° PARENT TRACT . tQ N.� \ \ N • t. - ` - a N L.A. R/W o z LINE z • L.A. R/W LINE-',..--�I� I P / z � . W z W U M . - P J J Wl N. No w v N !n J • ul p-23.13'59" f/ R•1759.86' 1 C.B. •NI5.58'44"E-' Q' 1349.93'(C) N • ESMT -C- 0 5•88.16'38"W = (� r-, U • N.LEGEND "/ C.B. CHORO BEARING srI` 1n ICI - CALCULATED COR. - CORNER oc~v / N14°45'52"E - E . EAST -- ESMT • EASEMENT z[c' I p-37°33'03" c.. • • DELTAGR • / 7L-1350.01 '(C)• FLORED _ /f R•2059.86' FLA FLORIDA o L.A. - LIMITED ACCESS AS"E V C.B. -523°08'16"W to L - ARC LENGTH "c•.'••S5. - . MINUTEYFEET 021 : ", N N.W. TH co - NORTHWEST W. LINE N.E. • NORTHEAST - S.E.I /4. N.W. 1 /4 P.O.B.• POINT OF BEGINNING to SEC. 5 22'26 P.O.C.• POINT OF COm ENCEMENT P.B. • PGE BOOK PGS. • PAGES • ABBREVIATED PARENT TRACT REG. - REGISTERED • � 1 R/W • RIGHT OF WAY 105.93'(C) I R RADIUS / SEC. - SECTION • �`��N88°07'11 "W�I375.46'(C1 -'� S.W. SOUTHWEST . SECONDOS.W. COR. S. LINE, N.W. 1 /4, SEC. 5 S.E. SOUTHEAST SEC.S.E. 15-22-28 1 /4 NOTES. S.E. COR. N.W. I /4- I. BEARING ANO DISTANCES BASED ON THE FLORIDA STATE PLANE SEC. 5-22-28 COORDINATES SYSTEM - EAST ZONE MEAN SCALE FACTOR' 0.9999/293 2. SUBJECT TO EASE/ENTS ANO RIGHTS Of WAY OF RECORD 3. OWNER, CITY OF OCOEE SHEET I OF 5 4. NOT VALID WITHOUT THE SURVEYORS ORIGINAL SKETCH'.OF OESCR lPTIOf SIGNATURE AND RAISED SEAL. NOT A PLAT OF SURVEY PARCEL NO. 62-165 a REFERENCE PARCEL om•..oO oAANCE couwr For. ([►11(SS NAT AU IN00.1 tf C NEREBt CE .c +It <_=EIEN KEIs OYER. RIDDLE. MILLS THE SIN: C( Tcc...c 1i :IANOAAOS or fU. ADWNISICA!IvE C(4(. A0.( .ICIl c ANO PRECOURT, INC. Scalo I 400•' ENGINEERS•SURvETORS I Dat.. 4 /1 7 /96 1EAST CAL DRIVE JOU NO• 96 - 136. 000 4-� # ORLAN505DO. FLORIDOLOANIS28S3-85. RE v«o sTM.c.o.+ N!. 'IIIPIIONC: ( 407 I 896-059 Era-n,G. R- R . chke. DKB J ureo3 SUR SIU.'va( • ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 PARCEL 62-165 LIMITED ACCESS RIGHT-OF-WAY LEGAL DESCRIPTION A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence run S.84°37'17"W. along the North line of the Northwest 1/4 of said Section 5, a distance of 825.34 feet for a POINT OF BEGINNING; thence departing the North line of the Northwest 1/4 of said Section 5; thence S.04°21'44"W. 1265.36 feet to the point of curvature of a curve, concave Northwesterly, having a radius of 2059.86 and a central angle of 37°33'03"; thence run Southwesterly along the arc of said curve a distance of 1350.01 feet to the West line of the Southeast 1/4 of the Northwest 1/4 of said Section 5; thence departing said curve run N.02°44111"E. along the West line of the Southeast 1/4 of the Northwest 1/4 of said Section 5, a distance of 561.43 feet to a point on a curve, concave Northwesterly, having a radius of 1759.86 fed and a central angle of 23°13'59"; thence departing the West line of the Southeast 1/4 of the Northwest 1/4 of said Section 5 from a tangent bearing of N.27°35'43"E. run Northeasterly along the arc of said curve a distance of 713.62 feet to the point of tangency of said curve; thence run N.04°21'44"E. 1213.87 feet to the North line of the Northwest y4 of said Section 5; thence N.84°37'17"E. along the North line of the Northwest 1/4 of said Section 5, a distance of 304.39 feet to the POINT OF BEGINNING. • Together with all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. Containing 15.751 acres, more or less. April 17, 1998 SHEET 2 OF 5 ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT "A" LEGAL'DESCRIPTION A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence S.84°37'17"W. along the North line of the Northwest 1/4 of said Section 5 a distance of 825.34 feet for a POINT OF BEGINNING; thence departing the North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 40.59 feet; thence S.84°37'17"W. 304.39 feet; thence N.04°21'44"E. 40.59 feet to the North line of the Northwest 1/4 of said Section 5; thence N.84°37'17"E. 304.39 feet along the North line of the Northwest 1/4 of said Section 5 to the POINT OF BEGINNING; Containing 12,176 square feet, more or less. April 17, 1998 SHEET 3 OF 5 ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT "B" LEGA.DESCRIPTION A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence S.84°37'17"W. along the North line of the Northwest 1/4 of said Section 5 a distance of 825.34 feet; thence departing the,North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 40.59 feet for a POINT OF BEGINNING; thence continue S.04°21'44"W. 20.29 feet; thence S.84°37`17"W. 304.39 feet; thence N.04°21'44"E. 20.29 feet; thence N.84°37'17"E. 304.39 feet to the POINT OF BEGINNING; Containing 6,088 square feet, more or less. April 17, 1998 SHEET 4 OF 5 ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT "C" LEGAL DESCRIPTION A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence S.84°37'17"W. along the North line of the Northwest 1/4 of said Section 5 a distance of 825.34 feet; thence departing the North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 1,265.36 feet to the point of curvature of a curve, concave northwesterly, having a radius of 2,059.86 feet and a central angle of 09°59'38"; thence run southwesterly along the arc of said curve, a distance of 359.29 feet to a point on said curve for a POINT OF BEGINNING; thence departing said curve run N.57°58'03"W. 317.64 feet to a point on a curve, concave northwesterly, having a radius of 1,759.86 feet and a central angle of 00°29'13"; thence from a tangent bearing of S.11°12'52"W. run southwesterly along the arc of said curve, a distance of 14.95 feet to a point on said curve; thence departing said curve run S.57°58'03"E. 316.80 feet to a point on a curve, concave northwesterly, having a radius of 2,059.86 feet and a central angle of 00°24'30"; thence from a tangent bearing of N.14°45'52"E. run northeasterly 14.68 feet to the POINT OF BEGINNING; Containing 4,441 square feet, more or less. April 17, 1998 SHEET 5 OF 5 - . CURS'' TABLE RADIUS CHORD BEARING DELTA ARC LE. { CI 09.59'38' _ -359.29 iC) 2059.86' S09.21 '33"W C3 00.24.30" 14.68'(CI 2059.66' N14.33'3T"E LINE TABLE v LI N57•58'03"W 317.64•(CI L2 S57.58'03"E 316:80 (C) L3 N84.37.17"E 304.39'(C) L4 N84.37'17"E 304.39•(C) WEST ORANGE Z co 15 S84•37' 17"W 304.39•(C3 • ►rWEST O L PARK L6 SO4.21 •44"W •40.59'(C) L(P.6. Y. PGS. 137 8 138) 32 otN.1 17 NO4.21 '44"E 40.59.(C) � 18 N04.21 '44"E 40.59'(C) �-' Q ' N 19 N04.21 '44"E 20.29•(C) c. .t;1 ' BLOCK 29 c;O W•W ccN C) IIp N • "�, . LINE. H.W.1 M. SES• o SSC ss•37.12 r.. J • •N 2657.01 (C) ._J '►� `P.O.0. LS •� ESIatT 'B` .n tn • 1527.29'(C) u w c• RECREATIONAL 14 TRAIL EASEMENT o' ABBREVIATED 1A y W (0.9. 5164. PG. 14501 • ;; PARENT TRACT . t0 N 1A sr Q N• o 4.0 - • sr z i LINE R/W a L.A. R/W LINE--"-0-- �I z _ V \62-165 I v _ • W • Z J Q \ •O W N Vf J Q•23.13'59" - • f/ to L•713.62'(CI R•1759.86' i 1 C.B. 4415.58'44"E-- lil Q+ H P•O.B• Q' 1349.93'(C) !' ., • �, ESUT 'C' o S88.16'38`W ` s. '^ LEGEND - - 4,era N C.B. • CHORD BEARING . (C) • CALCULATED •v COR. • CORNER IN / N1q•45'S2'•E E • EAST .. ESIAT • EASEMENT ZS-37633'03' v • • OEGR(LTA �L•1350.01 '(C 1 `- • DEGREE FLA - FLORIDA R.2059.86* 4...- L.A. L.A. LIMITED ACCESS • . �.A•5"E ct' C.B.•$23.08'16"W L . ARC LENGTH. MINUTE\FEET N21o3• m N • NORTH N.W. • NORTHWEST v W• LINE N N.E. - NORTHEAST - $.E•, /4. N.W, i /4 P.O.B.• POINT OF BEGINNING f SEC. 5-22-28 P.O.C.• POINT OF COM.ENCE.ENT (111 P.B. • PLAT BOOK ABBREVIATED PGS. . PAGES REG. REGISTERED t PARENT TRACT R/W' - RIGHT Of WAY 105•93'(C)�'T • R • RADIUS - - SEC• - SECTION y v- _• S.W• • SOUTHWEST �N88oO7'I 1 "W 1375.46'(C) .,i - SECOND S•W• COR• S.E. - SOUTHEAST S.E. 1 /4. N.W• I /4 S. LINE. N.W. 1 /4. SEC. 5 SEC. 5-22-28 NOTES. S.E. COR. N.W. 1 /4. I. BEARING ANO DISTANCES BASED ON THE FLORIDA STATE PLANE SEC. 5-22-28 COORDINATES SYSTEM - EAST ZONE WEAN SCALE FACTOR. 0.99997293 2. SUBJECT TO EASEMENTS ANO RIGHTS Of WAY Of RECORO 3. OWNER. CITY Of OCOEE SHEET I OF 5 AI. NOT VALID WITHOUT THE SURVEYOR'S ORIGINAL SKETCH:OF DESCRIPTION SIGNATURE AND RAISED SEAL. NOT A PLAT OF SURVEY PARCEL NO. 62-165 8 REFERENCE PARCEL OR&ANtO ORANGE COUMrr 1 «tRter Ctllrl(, rM11 55E105 KM OYER. RIDDLE. utLLS for a CR►RELSOA� *WHOA'If 15•E .RM:W.. (CCMM:CAt SIANOAROS or Scab°. I 400• rt A. .OYIMIsrr!ASIr( coot. Auk( tic'1-c AND PRECOURT. INC. ENGINEERS-SURvErORS • vs Dote. 4 /I 7 /9 8 1505 EAST COLONIAL ORIvE I Job Ho..96- 136. 000 onunoo. FLORIDA )2853-650" j l•.E •10 SI (O4 NS. 5111 Oro.+mCi• R. R. Chlto.OK. Jr RUtHOR.rq$IG:o&twc PHONE: (4071 896.0594 i:12-.-- a.r: .a ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 PARCEL 62-165 LIMITED ACCESS RIGHT-OF-WAY LEGAL DESCRIPTION • A portion.of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence run S.84°37'17"W. along the North line of the Northwest 1/4 of said Section 5, a distance of 825.34 feet for a POINT OF BEGINNING; thence departing the North line of the northwest 1/4 of said Section 5; thence 5.04°21'44"W. 1265.36 feet to the point of curvature all curve, concave Northwesterly, having a radius of 2059.86 and a central angle of 37°33'03"; thence run Southwesterly along the arc of said curve a distance of 1350.01 feet to the West line of the Southeast 1/4 of the Northwest 1/4 of said Section 5; thence departing said curve run N.02°44'11"E. along the West line of the Southeast 114 of the Northwest 1/4 of said Section 5, a distance of 561.43 feet to a point on a curve, concave Northwesterly, having a radius of 1759.86 fed and a central angle of 23°13'59"; thence departing the West line of the Southeast 1/4 of the Northwest 1/4 of said Section 5 from a tangent bearing of N.27°35'43"E. run Northeasterly along the arc of said curve a distance of 713.62 feet to the point of tangency of said curve; thence run N.04°21'44"E. 1213.87 feet to the North line of the Northwest V4 .of said Section 5; thence N.84°37'17"E. along the North line of the Northwest Vof said Section 5, a distance of 304.39 feet to the POINT OF BEGINNING. Together with all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. Containing 15.751 acres, more or less. April 17, 1998 SHEET 2 OF 5 Subject, however, to an easement for ingress and egress for the benefit of the City of Ocoee, a Florida Municipal Corporation; and Forest Lake Golf Club, Ltd., and their successors and assigns, as more particularly described as Ingress-Egress Easement "A"; Ingress-Egress Easement "B"; and Ingress-Easement "C" attached hereto and incorporated herein by reference. ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT"A" LEGAL.PESCRIPTION A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of .said Section 5; thence S.84°37'17"W. along the North line of the Northwest 114 of said Section 5 a—distance of 825.34 feet for a POINT OF BEGINNING; thence departing the North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 40.59 feet; thence S.84°37'17"W. 304.39 feet; thence N.04°21'44"E. 40.59 feet to the North line of the Northwest 1/4 of said Secti9n 5; thence N.84°37'17"E. 304.39 feet along the North line of the Northwest 1/4 of said Section 5 to the POINT OF BEGINNING; Containing 12,176 square feet, more or less. F April 17, 1998 SHEET 3 OF 5 ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT"B" • LEGAL DESCRIPTION A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence S.84°37'17"W. along the North line of the Northwest 1/4 of said Section S_a distance of 825.34 feet; thence departing the North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 40.59 feet for a POINT OF BEGINNING; thence continue S.04°21'44"W. 20.29 feet; thence S.84°37'17"W. 304.39 feet; thence N.04°21'44"E. 20.29 feet; thence N.84°37'17"E. 304.39 feet to the POINT OF BEGINNING; Containing 6,088 square feet, more or less. April 17, 1998 SHEET 4OF5 fi • ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT"C" LEGAL DESCRIPTION .A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 soaifid said Sect oa distance thencen 5; S.84°37'17"W. along the North line of the Northwest _ f 825.34 feet; thence departing the-,North line of the Northwestf e4 of said concave northwesterly, 5 r n S.04°21'44"W. 1,265.36 feet to the point of curvaturef 09°59'38"; thence run southwesterly having a radius of 2,059.86 feet and a central angle along the arc of said curve, a distance of 359.29 feet to a point on said curve or to a POINT INTpoint OFn BEGINNING; Nthence departing said curve run N.57 58 03 W. 3 curve, concave northwesterly, having a radius of 1,759.86 feet and a central angle of 00°29'13"; thence from a tangent bearing of S.11°12'52"W. run southwesterly along the arc ep said curve run of said curve, a distance of 14.95 feet to a point�on said curveave s, thence fly�g�g a radius of S.57°58103"E. 316.80 feet to a point on �� from a tangent bearing of 2,059.86 feet and a central angle of 00°24'30"; N.14°45'52"E. run northeasterly 14.68 feet to the POINT OF BEGINNING; Containing 4,441 square feet, more or less. April 17, 1998 SHEET5OF5 • ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT "B" LEGAL DESCRIPTION • A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence S.84°37'17"W. along the North line of the Northwest 1/4 of said Section 5 a distance of 825.34 feet; thence departing the.North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 40.59 feet for a POINT OF BEGINNING; thence continue S.04°21'44"W. 20.29 feet; thence S.84°37'17"W. 304.39 feet; thence N.04°21'44"E. 20.29 feet; thence N.84°37'17"E. 304.39 feet to the POINT OF BEGINNING; Containing 6,088 square feet, more or less. April 17, 1998 SHEET 4 OF 5 � r x Elf! ��, ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL INGRESS EGRESS EASEMENT "C" LEGAL DESCRIPTION . Orange A portion of the Northwest 1/4 of Section 5, Township 22 South, Range28 East, County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence S.84°37'17"W. along the North line of the Northwest 114 of said Section 5 a distance of 825.34 feet; thence departing the North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 1,265.36 feet to the point of curvature of a curve, concave northwesterly, having a radius of 2,059.86 feet and a central angle of 09°59'38"; thence run southwesterly along the arc of said curve, a distance of 359.29 feet to a point on said curve for a POINT OF BEGINNING; thence departing said curve run N.57°58'03"W. 317.64 feet to a point on a curve, concave northwesterly, having a radius of 1,759.86 feet and a central angle of 00°29'13"; thence from a tangent bearing of S.11°12'52"W. run southwesterly along the arc of said curve, a distance of 14.95 feet to a point on said curve; thence departing said curve run S.57°58'03"E. 316.80 feet to a point on a curve, concave northwesterly, having a radius of 2,059.86 feet and a central angle of 00°24'30"; thence from a tangent bearing of N.14°45'52"E. run northeasterly 14.68 feet to the POINT OF BEGINNING; Containing 4,441 square feet, more or less. April 17, 1998 SHEET 5 OF 5 ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY STATE ROAD 429 SECTION 75320-6460-602/603 REFERENCE PARCEL, INGRESS EGRESS EASEMENT "A" LEGAL DESCRIPTION A portion of the Northwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Northwest 1/4 of said Section 5; thence S.84°37'17"W. along the North line of the Northwest 1/4 of said Section 5 a distance of 825.34 feet for a POINT OF BEGINNING; thence departing the North line of the Northwest 1/4 of said Section 5 run S.04°21'44"W. 40.59 feet; thence S.84°37'17"W. 304.39 feet; thence N.04°21'44"E. 40.59 feet to the North line of the Northwest 1/4 of said Section 5; thence N.84°37'17"E. 304.39 feet along the North line of the Northwest 1/4 of said Section 5 to the POINT OF BEGINNING; Containing 12,176 square feet, more or less. April 17, 1998 SHEET 3 OF 5 I PARTIES CITY OF OCOEE Interest: Property Owner FOREST LAKE GOLF CLUB, LTD. Interest: Lease EARL K. WOOD, TAX COLLECTOR Interest: Taxes ORANGE COUNTY, FLORIDA oau1E►D3111198307.1 128/20102 5115#9811:34 AM