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HomeMy WebLinkAboutVII (D) Discussion of First Amendment to Second Developer Agreement (Westridge PUD) between Devworth Properties, Inc. Glenmir Properties, Ltd, and the City of Ocoee Agenda 4-02-2002 Item VII D FOLEY : LARDNER ATTORNEYS A T LAW FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0442 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney /Z__ DATE: March 26, 2002 RE: Westridge PUD: First Amendment to Second Developer Agreement ISSUE: Should the City Commission approve the First Amendment to Second Developer Agreement (Westridge PUD)between the City and the Developer of the Westridge PUD? DISCUSSION: On April 21, 1992 the City Commission adopted Ordinance No. 92-07 approving a Revised Land Use Plan for the Westridge PUD. In connection therewith the City and the Developer of the Westridge PUD subsequently entered into a Second Developer Agreement dated September 7, 1993 (the "Second Developer Agreement"). The Revised Land Use Plan for the Westridge PUD and the Second Developer Agreement remain in effect and have not been subsequently amended by the City. Exhibit "B" to the Second Developer Agreement included the following Condition of Approval with respect to the dedication of right-of-way for 7th Avenue: "The Developer will dedicate sufficient right-of-way for a sixty foot wide 7th Avenue when combined with existing right-of-way whether by dedication, deed or maintenance along the entire eastern boundary of the PUD. All dedications shall be required at the time of platting. Construction shall be prohibited within the proposed 7th Avenue and the existing dirt road." The portion of 7th Avenue referenced in the Second Developer Agreement is part of a County maintained roadway. Late last year, the Developer of the Westridge PUD closed from public access the portion of 7th Avenue located within the PUD due to liability concerns. This closing apparently arose out of a determination that the County did not have legal authority to require that this portion of the dirt road remain open as a public roadway. Since that time, the City staff has been pursuing discussions with the Developer to accelerate the schedule for the donation of the 7th Avenue right-of-way in order that it might be improved by Orange County prior to the opening of the new elementary school. As part of these discussions (along with the discussion 006.251621.1 FOLEY&LARDNER (7w FOLEY : LARDNER with Florida Power regarding the location of certain electric transmission lines along Roberson Road), the Developer indicated an interest in revisiting its prior application to amend the PUD to allow for an approximate nine (9) acre parcel fronting on Maguire Road to be developed for commercial uses. These discussions have resulted in the proposed First Amendment to Second Developer Agreement attached hereto. The following is a summary of the highlights of the proposed First Amendment to Second Developer Agreement: 1. The Developer intends to apply to the City for a small scale comprehensive plan amendment and an amendment to the PUD ordinance to allow commercial uses instead of residential uses on an approximate nine (9) acre portion of the PUD fronting on Maguire Road. The Developer also intends to apply for approval of a preliminary subdivision plan for the commercial land and the revised residential portion. While these applications are referenced in the Amendment, the City is under no obligation to approve these applications when submitted. 2. The Developer has agreed to convey the needed right-of-way for 7th Avenue upon approval of a preliminary subdivision plan, rather than platting, by the City Commission, subject to a restriction against the location of above-ground power poles and/or lines being located therein. The Developer will not receive any road impact fee credits or other compensation for such conveyance. 3. In the event the Developer does not apply for the comprehensive plan amendment, rezoning and preliminary subdivision plan approvals by July 1, 2002 then the Amendment shall be void and of no further force and effect. In the event the Developer applies for such approvals and does not obtain them by the later of 180 days from the date of submittal or June 1, 2003,then the Developer may elect to terminate the Amendment. 4. If the Developer obtains the approvals referenced above, then the schedule for conveyance of the 7th Avenue right-of-way will be accelerated. In the event the Developer does not obtain such approvals and terminates the Amendment, then the schedule for conveyance of the 7th Avenue right-of-way would continue to be at the time of platting. 5. Based on discussions between the City staff and Orange County, it is anticipated that the County will, upon conveyance of the right-of-way to the City, cold pave 7th Avenue as a paved public roadway with a sidewalk on the west side thereof. The City is not obligated to undertake any such improvements. 6. The Amendment provides that 7th Avenue will become a secondary residential access following completion of the improvements by the County and that the Westridge PUD will not be required to connect to 7th Avenue until such time as those improvements are made. Further, the Developer will have no other obligations with respect to 7th Avenue, including but not limited to paving, drainage, sidewalks, acceleration lanes and deceleration lanes. 7. Except as set forth in the Amendment, the Second Developer Agreement and the Conditions of Approval with respect thereto remain unchanged. However, it is anticipated that 2 006.251621.1 FOLEY : LARDNER the Second Developer Agreement would be modified in conjunction with the City's consideration of the proposed revised land use. For your information, attached hereto is the Second Developer Agreement which is proposed for amendment. The City staff has reviewed the proposed Amendment and recommends approval thereof. RECOMMENDATION: It respectfully is recommended that the City Commission approved the proposed First Amendment to Second Developer Agreement between Devworth Properties, Inc. and Glenmuir Properties, Ltd., as Developer, and the City and authorize execution thereof by the Mayor and City Clerk. PER/j lh 3 006.251621.1 Orange Co FL 4594240 09/14/93 01:17:40pi OR Bk 4.619 Pg 21 .36 Rec 51. 00 SECOND DEVELOPER AGREEMENT (WESTRIDGE PUD) THIS SECOND DEVELOPER AGREEMENT ("this Agreement or "the Second Developer Agreement") is made and entered into as of the day of SEPTEMflER , 1993 by and between JACK SCHIFFMAN (hereinafter referred to as "Developer") and the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City") . WITNESSET H: WHEREAS, the Developer owns fee simple title to certain lands located in Orange County, 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 "Land") ; and WHEREAS, the Land lies within the city limits of the City of Ocoee, Florida; and WHEREAS, pursuant to the application of the Developer' s predecessor-in-interest, the City on April 21, 1992 adopted City of Ocoee Ordinance No. 92-07 approving a Revised Land Use Plan for Westridge PUD; and WHEREAS, the Developer and the City desire to execute this Second Developer Agreement in order to fully comply with the requirements of Ordinance No. 92-07 and the City of Ocoee Land Development Code. 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: C A * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q o�?o � ZOo THIS INSTRUMENT PREPARED BY T E$a AND SHOULD BE RETURNED TO: z T.8 41 Paul E. Rosenthal, Esq. 2a FOLEY & LARDNER wR 111 N. Orange Avenue, Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193 (407) 423-7656 • OR Bk 4619 Pg 2137 Orange Co FL 4594240 Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2 . Development of the Land. A. The Developer agrees to develop the Land in accordance with City of Ocoee Ordinance No. 92-07, adopted by the Ocoee City Commission on April 21, 1992 , including that certain Revised Land Use Plan for the Westridge PUD, dated December 4, 1991, as revised through January 17, 1992 , and as further revised by the Developer on April 21, 1992 , all as prepared by Environmental Planning and Design ("the RLUP") , said Ordinance and RLUP being incorporated herein by reference as if fully set forth herein. B. The Developer hereby agrees that the Land shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof ("the Conditions of Approval") , said Conditions of Approval including those additional conditions voluntarily agreed to by the Developer' s predecessor-in-interest prior to the adoption of Ordinance No. 92-07 . C. Except as otherwise expressly set forth in this Agreement or City of Ocoee Ordinance No. 92-07, the Developer shall comply with the zoning and subdivision regulations of the City of Ocoee as they may from time to time be amended. In the event of any conflict between the zoning and subdivision regulations and this Agreement, it is agreed that the provisions of this Agreement shall control. D. Notwithstanding any provision contained herein to the contrary, the Developer shall pay to the City all applicable impact fees, including but not limited to, road, police, fire, park and recreation, sewer and water impact fees, at such time and in such manner as may be required in accordance with the applicable ordinances of the City. 2 OR Bk 4619 Pg 2138 Orange Co FL 4594240 Section 3 . 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 (A) hand delivered to the person hereinafter designated, or (B) upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address set forth opposite the party ' s name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: Developer: Jack Schiffman 101 Wild Fern Drive Longwood, Florida 32779 With a copy to: Aaron J. Gorovitz, Esq. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Post Office Box 2809 Orlando, Florida 32802-2809 City: City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Attention: City Manager Section 4 . Covenant Running with the Land. This Agreement shall be binding, and shall inure to the benefit of the successors and assigns of the parties, and shall run with the Land and be binding upon the successors and assigns of the Developer and upon any person, firm, corporation, or entity who may become the successor in interest to the Land. Section 5 . Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded, at the Developer's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Developer, execute and deliver letters affirming the status of this Agreement. Section 6. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 3 OR Bk 4619 Pg 2139 Orange Co FL 4594240 Section 7. 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 8. Agreement; Amendment. Except as hereinafter set forth, this Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. This Second Developer Agreement supersedes and terminates the provisions of Section 3 (a) and 3 (b) of that certain Developer Agreement, dated November 20, 1990 , between the Developer and the City as recorded in Official Records Book 4285 , Page 2790 of the Public Records of Orange County, Florida ("the First Developer Agreement") . Notwithstanding the above provisions, all other provisions of the First Developer Agreement and any other agreements of record affecting the Land heretofore entered into between the City and the Developer or its predecessors-in-interest shall remain in full force and effect and shall not be affected by this Second Developer Agreement except to the extent of any conflict herewith. Amendments to and waivers of the provisions of this Second Developer Agreement shall be made by the parties only in writing by formal amendment. Section 9. Severability. If any 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. Section 10. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably 4 OR Bk 4619 Pg 2140 Orange Co FL 4594240 necessary to confirm and/or effectuate the obligations of either party hereunder. Section 11. Specific Performance. Both the City and the Developer shall have the right to enforce the terms and conditions of 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, legal assistants ' 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. 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 . Construction of Agreement. 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 held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. Section 15 . First Developer Agreement. The Developer hereby acknowledges and agrees that the Conditions set forth in Section 7 of the First Developer Agreement have been satisfied and that the First Developer Agreement remains in full force and effect except as expressly noted herein. IN WITNESS WHEREOF, the Developer and the city have caused this instrument to be executed as of the day and year above written. 5 OR Bk 4619 Pg 2141 Orange Co FL 4594240 Signed, sealed and delivered DEVELOPER: in the presence of: .61/2472"- 2‘ Printed Na* 7ACK SCHIFFMAN' 5/a617. // // /4e / CITY OF OCOEE, FLORIDA o,yett, o rov a Florida municipal porpora ion F.r*' T By: Printed Name: �wSen 1 -4GI S. SCOTT VAND G TIsar . l t.L.n..+i.-) J N.4 IAL) Attest: .14 Printed Name: M A R L AN R. GRwex JE GRAFTON,,hi.ty Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED BY THE 'OCOEE CITY Approved as to form and legality COMMISSION AT A MEETING HELD this `712! day of lCr-, 1993 ON .S c-p3.vN.8et-a ' , 1993 UNDER AGENDA ITEM NO. G FOLEY & By: �l_0" 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 Jack Schiffman, personally known to me, and he acknowledged before me executing the foregoing instrument before two witnesses for the uses and purposes expressed therein and that he .did not take an oath. WITNESS my hand and offi ia1 seal in the County and State last aforesaid this / -' day of 1993 . N'• ary Signature (NOTARIAL SEAL) ///� / fTG10r (-,o,-o v1•fr2_ Printed Notary Signature CV►'hn„ssiomh&. C. lS'-' 2- ) Notary ?:ki:t fir vn Cks My .t ormeisr;cn a;:in; c.v. 27, 1995 Bonded ihru In:uranm htC, 6 l r..• -. • _ s :.w OR Bk 4619 Pg 2142 Orange Co FL 4594240 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 JEAN GRAFTON, personally known to me, and well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses without taking an oath and 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 'T tk, day of � ,,,,,,gt_A 1 , 1993 . Notary Signature (NOTARIAL SEAL) MARIAN a.GREEN Printed Notary Signature Notary Public-State of Ronda My Commission expires NCV 04. i 994 COMM.#CC 052919 C:1WP51lDOCSNOCOEE\WEST.NEw;4114/93 i t SW0101 PER:jh 7 OR Bk 4619 Pg 2143 Orange Co FL 4594240 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 1/2 OF THE S W 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS THE WEST 40.00 FEET FOR ROAD; SUBJECT TO A UTILITY EASEMENT DESCRIBED AS FOLLOWS: A 30.00 foot and 60.00 foot Easement described as: That part of the N 1/2 of the SW 1/4 and SW five acres of the SW 1/4 of the NW 1/4, less road rights-of-way, lying and being in Section 32, Township 22 South, Range 28 East, described as follows: From the West 1/4 corner of Section 32, Township 22 South, Range 28 East, Orange County, Florida; run thence N 00 Deg. 20 ' 48"W along the West line of the Northwest 1/4 of said Section 32 a distance of 167. 60 feet to the beginning of a 30.00 foot right-of-way and to the North line of the South five acres of the Southwest 1/4 of the Northwest 1/4 of said Section 32 and for a Point of Beginning; thence along said North line N 89 Deg. 55 ' 22" E a distance of 1142. 97 feet to a point of termination of the 30.00 foot right-of- way and beginning of the 60. 00 foot right-of-way; thence S 55 Deg. 34 ' 38" E a distance of 217.03 feet to the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 32; thence S 00 Deg. 20 ' 49" E a distance of 44. 55 feet to the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of said Section 32 and to a point of termination of the 60.00 foot right-of-way and beginning of the 30.00 foot right-of-way; thence N 89 Deg. 55 ' 03" E a distance of 1321. 25 feet to the Northeast corner of the Southwest 1/4 of said Section 32; thence S 00 Deg. 20 ' 49" E along the East line of said Southwest 1/4 a distance of 30.00 feet; thence S 89 Deg. 55 ' 03" W a distance of 1319 .06 feet to a point of termination of the 30.00 foot right-of-way and beginning of the 60.00 foot right-of-way; thence N 55 Deg. 34 ' 38" W a distance of 295. 69 feet to a point of termination of the 60.00 foot right-of-way and beginning of the 30.00 foot right-of-way; thence S 89 Deg. 55 ' 22" W a distance of 1080. 54 feet to the West line of the Northwest 1/4 of said Section 32; thence N 00 Deg. 20 ' 48" W a distance of 30.00 feet to the Point of Beginning. Contains 88, 289 square feet or 2.027 acres, more or less. ALSO; All those portions of the West 45.00 feet of the Northwest Quarter of the Southwest Quarter, and of the West 45.00 feet of the South five acres of the Southwest Quarter of the Northwest Quarter of Section 32, Township 22 South, Range 28 East, in the County of Orange, State of Florida, lying between the South line of the North 30.00 feet of said South five acres of the Southwest Quarter of the Northwest Quarter, and the South line of the North 50.00 feet of said Northwest Quarter of the Southwest Quarter. THE SUBJECT PROPERTY BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1/4 CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°56 ' 23"E. FOR 40.00 FEET TO THE POINT OF BEGINNING; THENCE RUN S.0°21 ' 25"E. PARALLEL WITH THE WEST LINE OF THE S.W. 1/4 OF SAID SECTION 32 FOR 1,330. 64 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE S.W. 1/4 OF SAID SECTION 32; THENCE RUN N. 89°48 ' 41"E. FOR 2602. 13 FEET TO THE S.E. CORNER OF THE NORTH 1/2 OF THE S.W. 1/4 OF SAID SECTION 32; THENCE RUN N. 0°20 '09"W. FOR 1324. 81 FEET TO THE N.E. CORNER OF THE S.W. 1/4 OF SAID SECTION 32; THENCE RUN S.89°56 '23"W. FOR 2602. 64 FEET TO THE POINT OR BEGINNING. CONTAINING 79 .321 ACRES MORE OR LESS. 42700\TEMPI EXHIBIT "B " WESTRIDGE PUD CONDITIONS OF APPROVAL OWNER/DEVELOPER : Jack Schiffman 101 Wild Fern Drive Longwood . Florida 32779 • PLANNER : Environmental Planning & Design , Inc . 425 West Colonial Drive - Suite 203 Orlando . Florida 32804 (407) 422 - 0008 SURVEYOR : Herrick & Associates . Inc . 1012 North Pine Hills Road Orlando . Florida 32808 (407) 298 - 6362 Existing Zoning : PUD - Planned Residential Community (Ocoee) Surrounding Zoning : North - PUD (Ocoee) South - A- 1 (Orange County) East - A- 1 (Orange County) West - PD (Orange County) Existing Vegetation : Frozen Citrus Trees , various wild grasses . and various wetland and transition species in the Conservation and Open Space parcels . 100 Year Flood Plain : No portion of the site is within Zone A on the FEMA/FIRM map . The site is entirely within Zone C . Wetlands : Two areas that are within the jurisdiction of the various permitting agencies have been identified on the plan . Both areas are identified as Conservation and/or Open space on the plan . Development is not proposed within these areas of the site . Soils : Basinger - 60% Immokalee - 10X Leon - 10% Ona - 5X Rutledge - 5X Pond - 10% Tree Survey - All trees on - site as defined by the Ocoee Arbor Ordinance are within the Conservation and Open Space parcels and are not proposed to be removed . Proposed Zoning : PUD- Planned Residential Community (Ocoee) Proposed Land Use : Single Family Detached Homes and Recreation Center . -1- OR Bk 4619 Pg 2144 Orange Ca FL 4594240 • Total Site Area : 79 . 321 Acres (more or less ) Total Number of Units : 245 Maximum Gross Density : 4 units per acre Net Land Area : 61 . 321 Acres (more or less ) Net Density: 4 units per acre Minimum Lot Size : 60 ' x 105 ' Minimum Net Living Floor Area : 1200 square feet Setbacks : Front - 20 ' Rear - 15 ' Side - 7 . 5 ' Corner - 17 . 5 ' Building Height : two stories or 35 ' Parking - 2 spaces per dwelling unit Maximum Lot Coverage : 30Z of gross land area Minimum Open Space : 25Z Project Recreation Area : 1 . 7 acre Recreation Center with clubhouse , tennis , pool , and tot lot plus additional recreation area as required to meet minimum PUD requirement ( 5X) . Total recreation area - 4 acres . Public Recreation Impact Fee shall be paid at time of Building Permit . Recreation areas to be owned and maintained by Homeowners Association . School Age Population : 159 students Phasing : Site development shall be a single phase . Projected Traffic Generation : 2450 trips Peripheral Building Setbacks : 25 ' & 30 ' from project boundaries for one & two story structures . respectively 50 ' from Maguire Road R/W 35 ' from Moore Road R/W 25 ' from 7th Avenue R/W Water Service : From City of Ocoee with average daily flow of 73 , 500 GPD . Fire flow to on - site hydrants shall be 500 GPM with minimum residual pressure of 20 PSI . Sewer Disposal : To City of Ocoee with average daily flow of 67 , 375 GPD . -2- OR Bk 4619 Pg 2145 Orange Co FL 4594240 Stormwater Management : On - site system with storage in wetland areas . Subdivision Regulation Waivers Requested : None PUD Site Development Standards Waiver Requested : 50 ' lake setback instead of 100 ' standard . Impact Fee Credits : Proposed for extension of oversized utilities to site . A Homeowners Association shall be created for ownership and maintenance of common areas ( recreation center , retention areas . and conservation areas & open space tracts ) . A Declaration consistent with this condition shall be created and recorded . The City is subject to the terms , provisions and restrictions of F . S . Chapter 163 concerning moratoriums on the issuance of building permits under certain circumstances . The City has no lawful authority to exempt any private entity , or itself, from the application of such State legislation and nothing herein shall be construed as such an exemption . This Revised Land Use Plan supersedes and repeals all previously approved Land Use Plans for Westridge PUD . Section 13 . 4( 5 ) of the PUD Ordinance requires execution of a Development Agreement incorporating all plans and Conditions of Approval by reference . The executed Developer Agreement shall be amended consistent with approval of this Revised Land Use Plan . All conveyances to the City of right - of-way or other properties shall be as specified by the executed Developer Agreement . At such time as signalizations warranted at the intersection of Maguire Road and Roberson/Moore Road . the developer shall pay to the City , one third ( 1/3 ) of all costs associated with such signalization . This condition is established with the stipulation that if the property on the fourth corner ( southwest) of the intersection is annexed into the City and has impact on the intersection , that project shall pay one fourth ( 1/4) of the signalization costs . In the event that one third payment of signalization costs has been made prior to annexation of the other property, the Westridge developer shall be reimbursed the difference between one third and one fourth of the signalization costs . The Developer will dedicate sufficient right - of-way for a sixty foot wide 7th Avenue when combined with existing right- of-way. whether by dedication , deed or maintenance , along the entire eastern boundary of the PUD . All dedications shall be required at the time of platting . Construction shall be prohibited within the proposed 7th Avenue and the existing dirt road . 42729\BURTPW -3- I Tr OR Bk 4619 Pg 2146 CORD i. Orange Co FL 4594240 r��tY Cotwm- Yb'M4, �•~�C4 Pt THIS INSTRUMENT PREPARED BY: Paul E.Rosenthal,Esq. FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 THIS INSTRUMENT SHOULD BE RETURNED TO: Jean Grafton,City Clerk City of Ocoee 150 North Lakeshore Drive Ocoee,Florida 34761 For Recording Purposes Only (407)656-2322 FIRST AMENDMENT TO SECOND DEVELOPER AGREEMENT (Westridge PUD) THIS FIRST AMENDMENT TO SECOND DEVELOPER AGREEMENT (this "Amendment") is made and entered in this day of , 2002 by and between DEVWORTH PROPERTIES, INC., a Florida corporation ("Devworth") and GLENMUIR PROPERTIES, LTD., a Florida limited partnership ("Glenmuir") (collectively, the "Developer") and the CITY OF OCOEE, a Florida municipal corporation(the "City"). WITNESSETH: WHEREAS, Devworth owns fee simple title to certain lands located in Orange County, Florida, said lands being more particularly described in Exhibit"A" attached hereto and by this reference made a part hereof(the "Devworth Land"); and WHEREAS, Glenmuir owns fee simple title to certain lands located in Orange County, Florida, said lands being more particularly described in Exhibit"B" attached hereto and by this reference made a part hereof(the"Glenmuir Land"); and WHEREAS, the Devworth Land and the Glenmuir Land are hereinafter collectively referred to as the"Land"; and WHEREAS, the Land lies within the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Land is currently zoned PUD by the City pursuant to City of Ocoee Ordinance No. 92-07 which approved a Revised Land Use Plan for the Westridge PUD (the"PUD Zoning Ordinance"); and WHEREAS, the Land constitutes all of the "Westridge PUD"; and 006.244221.5 WHEREAS, pursuant to the PUD Zoning Ordinance, the predecessor-in-interest to the Developer has heretofore entered into that certain Second Developer Agreement dated September 7, 1993 between Jack Schiffman, as developer, and the City as recorded in Official Records Book 4619, Page 2136 of the Public Records of Orange County, Florida (the "Second Developer Agreement"); and WHEREAS, the Developer is the successor in title to Jack Schiffman under the terms of the Second Developer Agreement; and WHEREAS, the Developer and the City desire to amend the Second Developer Agreement. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration 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 are incorporated herein by reference. Section 2. Conveyance of Right-of-Way. (A) At the time of approval of a Preliminary Subdivision Plan for the Land by the Ocoee City Commission (the "Approved PSP"), Devworth shall convey to the City certain right-of-way for 7th Avenue, said right-of-way being more particularly described in Exhibit "C" attached hereto and by this reference made a part hereof(the "Right-of-Way Land"). The Right- of-Way Land shall be conveyed subject to the following deed restriction: "This conveyance is made subject to the following restriction: Use of the Right-of-Way Land with aboveground power poles and/or lines is expressly prohibited". (B) The Right-of-Way Land shall be conveyed by Devworth by special warranty deed free and clear of all liens and encumbrances except for those matters set forth in Exhibit "D" attached hereto and by this reference made a part hereof (the "Permitted Exceptions"). The form of the special warranty deed shall be subject to the approval of the City. Devworth shall, contemporaneously with the conveyance of the Right-of-Way Land provide a current attorney's opinion of title, or a current title commitment, to be followed by a policy of title insurance in the amount of$10,000.00, evidencing that fee simple title to the Right-of-Way Land is free and clear of all liens and encumbrances except for the Permitted Exceptions. The costs and expenses related to the conveyance of the Right-of-Way Land, including the cost of title work, shall be borne solely by Devworth. Real property taxes on the Right-of-Way Land shall be prorated as of the day before the acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to Devworth shall be paid and escrowed by Devworth 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 Devworth shall be responsible for the real property taxes for the entire year. (C) Neither the Developer, its 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 conveyance of the Right-of-Way Land. 2 006.244221.5 (D) The conveyance of the Right-of-Way Land will discharge all of the Developer's obligations under the Westridge PUD, the PUD Zoning Ordinance and the Second Developer Agreement as they relate to 7th Avenue. Section 3. 7th Avenue Improvements. (A) It is anticipated by the parties hereto that, upon the conveyance of the Right-of-Way Land, Orange County (the "County") will utilize the County's alternative pavement process (commonly referred to as "cold paving") as currently in place on 6th Street to improve 7th Avenue as a paved public roadway with a sidewalk on the west side thereof (collectively, the "7th Avenue Improvements"). Nothing contained in this Amendment shall be construed to obligate or require the City or the Developer to make the 7th Avenue Improvements. (B) In connection with the development of the Land and the approval of a preliminary and final subdivision plan with respect thereto, the City hereby agrees as follows with respect to 7th Avenue: (1) The Land shall be developed using 7th Avenue as a secondary residential access and no other secondary residential access will be required; provided, however, that the County shall have first completed the 7th Avenue Improvements at no cost to the Developer. (2) If the 7th Avenue Improvements are not completed at the time of development of the Land, then the Developer shall construct a stubout to 7th Avenue and connect to 7th Avenue at such time as the 7th Avenue Improvements are complete. (3) The Developer will not be required to make any improvements to 7th Avenue within the Right-of-Way Land, including but not limited to paving, drainage, sidewalks, acceleration lanes and deceleration lanes. (C) No construction activities shall be undertaken by the Developer within the Right-of-Way Land other than as necessary to complete any improvements shown on the Approved PSP, including, but not limited to, the connection of the paving from the Land to the 7t Avenue Roadway Improvements. (D) The provisions of this Section 3 supercede the requirements of the Westridge PUD, the PUD Zoning Ordinance and the Second Developer Agreement with respect to the matters addressed herein. Section 4. Conflicts. In the event any conflicts between this Amendment and the Westridge PUD, the PUD Zoning Ordinance, the Second Developer Agreement, or any other agreements with respect to the Land, it is agreed that this Amendment shall control. In the event of any conflict between this Amendment and any future preliminary and final subdivision plan with respect to the Land, or any portion thereof, it is agreed that this Amendment shall control. Section 5. Condition Precedent to Effectiveness. The Developer has advised the City that it intends to apply to the City for (i) a small scale amendment to the City's 3 006.244221.5 Comprehensive Plan and for an amendment to the PUD Zoning Ordinance to allow commercial uses instead of residential uses (the "Comprehensive Plan Amendment" and the "Rezoning", respectively) on an approximate 9 acre portion of the Land fronting on Maguire Road (the "Nine Acre Parcel"); and (ii) approval of a preliminary subdivision plan for the Land (the "PSP Application"). Notwithstanding any provision contained herein to the contrary, in the event the City has not approved the Comprehensive Plan Amendment and the Rezoning with respect to the Nine Acre Parcel and the PSP Application with respect to the Land by the later of (i) one hundred eighty (180) days after the Developer submits applications with respect thereto, or (ii) by June 1, 2003, then the Developer, at its option, may elect to terminate this Amendment by written notice to the City delivered no later than sixty (60) days after the aforementioned deadline for approval of the Comprehensive Plan Amendment, the Rezoning and the PSP Application. In the event of such a termination by the Developer (i) the parties hereto shall execute a notice of termination in recordable form, such notice to be prepared by the City, and (ii) the Second Developer Agreement shall remain in full force and effect unaffected by this Amendment. In the event the Comprehensive Plan Amendment, the Rezoning and the PSP Application are not approved by the aforementioned deadline and the Developer fails to terminate this Amendment as aforesaid, then the Developer shall be deemed to have waived any right to terminate this Amendment. Section 6. Failure of Developer to Submit Applications; Withdrawal of Applications. Notwithstanding any provision contained herein to the contrary, in the event the Developer does not submit to the City by July 1, 2002 the applications for the Comprehensive Plan Amendment and the Rezoning with respect to the Nine Acre Parcel and the PSP Application with respect to the Land or in the event the Developer submits and subsequently withdraws such applications, then in such event this Amendment shall automatically be terminated. In the event of such a termination (i) the parties hereto shall execute a notice of termination in recordable form, such notice to be prepared by the City, and (ii) the Second Developer Agreement shall remain in full force and effect unaffected by this Amendment. Section 7. Notices. Notices to the Developer pursuant to Section 3 of the Second Developer Agreement shall hereafter be delivered as follows: Developer: Devworth Properties, Inc. Glenmuir Properties, Ltd. P.O. Box 1260 Windermere,Florida 34786 Notices to the City shall be as set forth in the Second Developer Agreement. 4 006.244221.5 Section 8. Limitations. Except as amended hereby, the Second Developer Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Second Developer Agreement. All references herein to the Second Developer Agreement shall refer to the Second Developer Agreement as amended by this Amendment unless the text or context indicates otherwise. Section 9. Effective Date. This Amendment shall become effective as of the date of the last execution by a party hereto. IN WITNESS WHEREOF, the Developer 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 DEVELOPER: in the presence of: DEVWORTH PROPERTIES,INC., a Florida corporation By: Print Name Name: Title: Print Name (CORPORATE SEAL) Signed, sealed and delivered GLENMUIR PROPERTIES, LTD., in the presence of: a Florida limited partnership By: Print Name Name: Title: Print Name 5 006.244221.5 STATE OF FLORIDA 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 Devworth Properties, Inc., a Florida corporation, who [ 1 is personally known to me or [ 1 produced as identification, and that he/she acknowledged executing the same on behalf of said corporation 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 , 2002. 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): STATE OF FLORIDA 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 Glenmuir Properties, Ltd., a Florida limited partnership, who [ 1 is personally known to me or [ 1 produced as identification, and that he/she acknowledged executing the same on behalf of said 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 , 2002. 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): 6 006.244221.5 CITY: Signed,sealed and delivered in the presence of: CITY OF OCOEE,FLORIDA By: Print Name: S. Scott Vandergrift,Mayor Attest: Jean Grafton, City Clerk Print Name: (SEAL) FOR USE AND RELIANCE APPROVED BY THE OCOEE ONLY BY THE CITY OF OCOEE, CITY COMMISSION AT A MEETING FLORIDA. Approved as to form and HELD ON ,2002 legality this day of UNDER AGENDA ITEM NO. ,2002. FOLEY&LARDNER 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 JEAN GRAFTON, 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 , 2002. 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): 7 006.244221.5 JOINDER AND CONSENT TO FIRST AMENDMENT TO DEVELOPER AGREEMENT (Westridge PUD) The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated the day of , and recorded in Official Records Book Page , Public Records of Orange County, Florida, 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 First Amendment to Developer Agreement (Westridge PUD) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Amendment. Signed, sealed and delivered _ in the presence of: (Print name of Mortgage holder) Print Name: By: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2002,by(Name of Officer) who is the (Title) of (Name) 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): 8 006.244221.5 EXHIBIT "D" PERMITTED EXCEPTIONS 9 006.244221.5 L/1111U11 as SKETCH OF DESCRIPTION E LINE N 1/2, SW 1/4, SEC 32-22-28 _..,,,, I 7 TH STREETI 1"=400' 1 j S0020'36"E 1284.83' NE CORNER, SW 1/4 I SEC 32-22-28 SE CORNER. N 1/2, SW 1/4 SEC 32-22-28 as H N N el In n 1 h N I In bt .1 I N N 1.0 - In eJ 3 in N ^ 4i '.3 . ") �i § S n� 2 h l Z ii f i CNI o R X31 W K r1 Ce CO 01 V) o J m S0004'05"E NT R-510.00' 518.02' (48"55'46" a L-435.53' I to CB-N84'53'45"W 4In 1- 0 O W h I 570'38'22"W 8 oi n N PT 190.00' POB m 0I R=575.00' x POB LESS—OUTs Z R-35.00' PC Ii-1700'24" ' 6=9017'33' L=170,67' z SOOD4.05T 40.00' , L-55.16' NO071_381W 539.37' N0071'38"W 716.29' N007r38'W N8955'55'E 95.38' . (,� NT 1755.66 fes' IMO.98• POC LESS—OUT E VA,LINES \"'AGUIRE ROAD (COUNTY ROAD 439) NW CORNER, SW I/4 W LINE Sw 1/4, SEC 32-22-28 POC SEC 32-22-28SW CORNER LEGEND: SW CORNER SEC 32-22-28 R- RADIUS N 1/2, SW 1/4 SEC 32-22-28 d- CENTRAL ANGLE L. LENGTH OF CURVE PC POINT OF CURVATURE PT POINT OF TANGENCY l NT POINT OF NON—TANGENCY I hereby'certify that this sketch, subject to the L CENTERLINE surveyors notes contained hereon, meets the applicable R/W RIGHT—OF—WAY 'Minimum Technical Standards set forth by the SEC 32-22-28 SECTION 32, TOWNSHIP 22 SOUTH. Florida Board of Professional Surveyors and Mappers RANGE 28 EAST in Chapter 61617-6, Florida Administrative Code, pursuant to Section 472.027.Florida Statutes. POC- POINT OF COMMENCEMENT POB POINT OF BEGINNING DONALD W. MUNTOSHH ASSOCIATES, INC. SURVEYOR'S NOTES: V\....."_ — Bearings based on the North line of the Southwest 1/4 Keith uddiek of Section 32, Township 22 South, Range 28 East, as being Florida Registered Surveyor and Mapper N 8955'55'E, an assumed meridian. Certificate No. 2617 — This is not a survey. NOT VALID WITHOUT THE SIGNATURE AND THE - See sheet 2 for description. ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER. PREPARED FOR: DEVWORTH PROPERTIES INC. DATE BY DESCRIPTION WESTRIDGE — SEC 32-22-28 REVISIONS I-I DONALD W. McINTOSH ASSOCIATES. INC. Fl BOOK PG ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEY CERTIFICATE OF AUTHORIZATION NO. LB68 FOUND ' DRAWN BY: &G CHECKED BY:H►L JOB NO. SCALE SHEET I DATE:3/13/02 DATE:3/13/02 97194.0145 1'=400' OF 2 y L Fie Nome: F:\Pro/9—\97194\Sds.g\SURV\S00\SOOWESTRIDGE.dwg CS# 02-219 SKETCH OF DESCRIPTION DESCRIPTION: That port of the North 1/2 of the Southwest 1/4 of Section 32, Township 22 East, Range 28 Eost, Oronge County, Florida, described os follows: Commence of the Southwest corner of Section 32, Township 22 South, Range 28 East, and run N 0021'38" W along the West line of the Southwest 1/4 of said Section 32 for a distance of 1330.98 feet to the Southwest corner of the North 1/2 of the Southwest 1/4 of said Section 32; thence run N 89'47.54" E along the South line of said North 1/2 of the Southwest 1/4 for a distance of 60.00 feet to a point on the East right—of—way line of Maguire Rood (County Rood 439), said point being the POINT OF BEGINNING; thence run N 00'21'58" W along said right— of—way line for a distance of 1255.66 feet to the point of curvature of a curve concave Southeasterly having o radius of 35.00 feet and a central angle of 90'17'33"; thence run Northeasterly along the orc of said curve for o distance of 55.16 feet to the point of tangency, thence run N 89'55'55" E along the South right—of—way line of Moore Road os described in Official Records Book 4343, Page 4532, of said Public Records for o distance of 2547.37 feet to a point on the Eost line of said North 1/2 of the Southwest 1/4; thence run S 00'20'36" E along said line for a distance of 1284.83 feet to the Southeast corner thereof; thence run S 89'47'54" W along the aforesaid South line of the North 1/2 of the Southwest 1/4 for a distance of 2582.14 feet to the POINT OF BEGINNING. LESS That port of the Southwest 1/4 of Section 32, Township 22 East, Range 28 Eost, Orange County, Florida, described os follows: Commence at the Northwest corner of the Southwest 1/4 of Section 32, Township 22 South, Runge 28 East, and run N 89'55'55" E along the North line of said Southwest 1/4 for a distance of 95.38 feet; thence run S 00'04'05" E for a distance of 40.00 feet to the South right—of—way line of Moore Rood and the POINT OF BEGINNING; thence run N 89'55'55" E along said right—of— way line for o distance of 734.82 feet; thence run S 00'04'05" E for o distance of 518.02 feet to a non—tangent point on a curve concave Southerly having o radius of 510.00 feet and o central angle of 48'55'46"; thence run Westerly along the arc of said curve for o distance of 435.53 feet to the point of tangency; thence run S 70'38'22" W for a distance of 190.00 feet to the point of curvature of a curve concave Northwesterly having o radius of 575.00 feet and a central angle of 17'00'24"; thence run Westerly along said curve for a distance of 170.67 feet to a point of non— tangency on the East right—of—way line of Maguire Rood; thence run N 0021'38" W along said East right—of—way line for o distance of 539.37 feet to the point of curvature of a curve concave Southeasterly having o radius of 35.00 feet and o central angle of 90'17'33"; thence run Northeasterly along said curve for a distance of 55.16 feet to the POINT OF BEGINNING. Containing 67.542 acres more or less and being subject to any rights—of—way, restrictions and easements of record. SI.72850ESC PREPARED FOR: • DEVWORTH PROPERTIES INC. DATE BY DESCRIPTION WESTRIDCE — SEC .32-22-28 REVISIONS "' DONALD W. McINTOSH ASSOCIATES, INC. n BOOK PG ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEY CERTIFICATE OF AUTHORIZATION NO. 1668 DRAWN BY:AS__ CHECKED BY:1Sl_ JOB NO. SCALE SHEET 2 FOUND •s' DATE:3/13/02 DATE: 3/13/02 97194.0145 N/A OF 2 Fie Nome: F:\Prop—\97194\Sthog\SURV\SOCASOONESIRW.dwg CS# 02-219 • SKETCH OF DESCRIPTION DESCRIPTION: That port of the Southwest 1/4 of Section .32, Township 22 Eost, Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest corner of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, and run N 89'55'55" E along the North line of said Southwest 1/4 for a distance of 95.38 feet; thence run S 0004'05" E for a distance of 40.00 feet to the South right-of-way line of Moore Road and the POINT OF BEGINNING; thence run N 8955'55" E along said right-of-way line for a distance of 734.82 feet; thence run S 0004'05" E for a distance of 518.02 feet to a non- tangent point on a curve concave Southerly having a radius of 510.00 feet and a central angle of 4855.46"; thence run Westerly along the arc of said curve for a distance of 435.53 feet to the point of tangency, thence run S 7038'22" W for a distance of 190.00 feet to the point of curvature of a curve concave Northwesterly having a radius of 575.00 feet and a central angle of 1700'24"; thence run Westerly along said curve for a distance of 170.67 feet to a point of non-tangency on the East right-of-way line of Maguire Rood; thence run N 0071'38• W along said Eost right-of-way line for o distance of 539.37 feet to the point of curvature of o curve concave Southeasterly having a radius of 35.00 feet and a central angle of 9017'33"; thence run Northeasterly along said curve for a distance of 55.16 feet to the POINT OF BEGINNING. Containing 8.797 acres more or less and being subject to any rights-of-way. restrictions and easements of record. POINT OF COMMENCEMENT NW CORNER. SW 1/4, SEC 32-22-28 N8955'55"E 95.38' --- I S0004'OS"E N LINE, SW 1/4, SEC 32-22-28 J 40.00' M_OORE ROAD �NB95s'Ss•E PT __re,__ N89'55'55" -E 734,82' * PC "4A 4 ; r,lit A S R/W LINE QQI N O 00 I' z R=35.00' d N =90'1733" dii � g L=55.16' eS .4( LEGEND: Rid RADIUS (:d 0 d= CENTRAL ANGLE Itp W N L- LENGTH OF CURVE W 2 PC POINT OF CURVATURE s PT POINT OF TANGENCY I N. MW PT NT POINT OF NON-TANGENCY Z PC € CENTERLINE 60' W R=510.00' NT R/W RIGHT-OF-WAY 51 38,2 o.00 A=48"55'46" SEC 32-22-28 SECTION 32, I NT 19 L=435.53' TOWNSHIP 22 SOUTH, I RANGE 28 EAST R=575.00' A=1700'24" I L=170.67' ; I hereby certify that this sketch.subject to the surveyor's notes contained h.r..n,meets the applIcable '111nbnun Technical Standards"set forth by the Florida Board of Prof edoncl Surveyors and Mappers In chapter 61617-6.Florida Admrret ative Cod.. pursuant to Sectktn 472.027,Florida Statutes. SURVEYOR'S NOTES: DONMt ' 'ASSOgATES,INC. - Bearings based on the North line of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, as being N 8955.55"E. on assumed meridian. Keith - This is not a survey. Florida Registered Surveyor aid Mapper Certlkot.Na 2617 NOT VAUD NITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER PREPARED FOR: GLENMUIR PROPERTIES, INC. 5/3/01 KDH REVISED MAGJIRE ROAD RIGHT-OF-WAY DATE BY DESCRIPTION WEST RIDGE COMMERCIAL TRACT— SEC 32-22-28, OCOEE REVISIONS I I DONALD W. McINTOSH ASSOCIATES, INC. n BOOK PG ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, VANTER PARK, FLORIDA 32789 (407) 644-4066 SURVEY CERTIFICATE OF AUTHORIZATION NO. LB68 FOUND- DRAWN BY: KDH CHECKED BY: KR JOB NO. SCALE SHEET I DATE: 513/07 DATE: 5/3/01 97194.0145 1" - 200' OF I L KOH 5/3/01 F:\Proj9-\97194\Sdwy\SKO-OEVWM.OWC SL6930.doe CS/ 974O3A SKETCH OF DESCRIPTION NUMBER RADIUS DELTA LENGTH CHORD CHORD BEARING CI 275.00 2537'32" 122.99 121.97 51228'10"W C2 335.00 25'37'32" 149.83 148.58 S1 228'10"W I n PANT or CUSPiW.n N Ci � 0^ tPRW n N S V PT I - - J� O N sll Z LOT 7 .� p BLOCK'r N MAP OF GOIHA • 1 PLAT BOOK'A',PAGE 39 — r�) Q ry V JY tgn C W0u P W 0 ,c. co3 3 o O= IN pa LOT 8 IOAJ rs��W BLOCK•r ia7' Cl) Q MAP OF GOTHA In Oa Z PLAT BOOK•A',PAGE 39 0 cc Q. N89 47'54"E 60.00'---IN 7H 5} [} "„...--S LINE,N 1/2, SW 1/4, SEC 32-22-28 2)(PER PLAT BO01f'A',PAGE 39) • POINT OF BEGINNING 2 SE CORNER N 1/2, SW 1/4, SEC 32-22-28 I n I ; LEGEND: UNPLATTED R — RADIUS g L — ARC LENGTH § CB — CHORD BEARING SEE SHEET 2 FOR DESCRIPTION A — CENTRAL ANGLE R/W — RIGHT—OF—WAY POINT OF COMMENCEMENT I hereby,certily that this sketch, subject to the surveyor s notes contained hereon, meets the opplicabli rL - CENTERLINE 6o6 CM AT S 1/4 CORNER SEC 32-22-28 Minimum Technical Standards set forth by the C5 - CURVE NUMBER (NOt) Florida Board of Professional Surveyors and Mappers L5 - LINE NUMBER SURVEYORS NOTES: in Chapter 61017-6, Florida Administrative Code, PC - PAGE - THIS IS NOT A SURVEY. pursuant to section 472.027, Florida Statutes. DONALD W. McINTOSH ASSOCIATES, INC. PGS — PAGES — BEARINGS BASED ON THE E LINE, � rWw`.► v PB — PLAT BOOK SW 1/4, SEC 32-22-28 PC — POINT OF CURVATURE AS BEING N0020'36"W. PRC — POINT OF REVERSE Jimmy Wallace CURVATURE (AN ASSUMED MERIDIAN) Florida Registered Surveyor and Mapper Certificate No. 5359 PT - POINT OF TANGENCY -SEE SHEET 2 FOR DESCRIPTION. NOT VALID wtn+ouT THE SIGNATURE AND THE NT - NON-TANGENT ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SEC 32-22-28 — SECTION—TOWNSHIP—RANGE SURVEYOR AND MAPPER. PREPARED FOR: DEVWORTH PROPERTIES, INC DATE BY DESCRIPTION WESTRIOGE - 7th STREET R/W RESERVATION TRACT _ REVISIONS I AI DONALD W. McINTOSH ASSOCIATES, INC. Fl BOOK PG INEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEY CERTIFICATE OF AUTHORIZATION NO. LB68 FOUND ' • DRAWN BY:IQ_ CHECKED BY:KB_ JOB NO. SCALE SHEET 1 DATE:01/21/2002 DATE: 01/23/2002 97194.0215 1-.200' OF_2-___ L CS/ 02-142 LEGAL DESCRIPTION DESCRIPTION: That part of Section 32, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at a 6" x 6" concrete monument at the South 1/4 corner of Section .32, Township 22 South, Range 28 East; thence run N0020'36"W along the East line of the Southwest 1/4 of said Section 32 for a distance of 1324.83 feet to the Southeast corner of the North 1/2 of the Southwest 1/4 of said Section 32 and the POINT OF BEGINNING; thence continue N0020'36"W along said East line for a distance of 934.64 feet to the point of cusp of a curve concave Westerly having a radius of 275.00 feet and a chord bearing of S12 28'10"W; thence run Southerly along the arc of said curve through a central angle of 2537'32" for a distance of 122.99 feet to the point of reverse curvature of a curve concave Easterly having a radius of 335.00 feet and a chord bearing of S1228'10"W; thence run Southerly along the arc of said curve through a central angle of 25'37'32" for a distance of 149.8.3 feet to the point of tangency, thence run S00 20'36"E for a distance of 670.68 feet; thence run N89 47'54"E along the South line of said North 1/2 of the Southwest 1/4 for a distance of 60.00 feet to the POINT OF BEGINNING. Containing 1.112 acres more or less and being subject to any rights—of—way, restrictions and easements of record. PREPARED FOR: • DEVWORTH PROPERTIES, INC DATE BY DESCRIPTION WESTRIDCE - 7th STREET R/W RESERVATION TRACT REVISIONS I AI DONALD W. McINTOSH ASSOCIATES, INC. a :ooK PG ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEY CERTIFICATE OF AUTHORIZATION NO. LB68 FOUND '•' DRAWN BY:JIMMY CHECKED BY: JOB NO. SCALE SHEET 2 DATE:Q1/21/2002 DATE: 01/22/2002 97194.0215 1"=200' OF 2 CS,' 02-142 EXHIBIT "A" SKETCH OF DESCRIPTION 1 E LINE N 1/2, SW 1/4. SEC 32-22-28 — i 7N STREET — 1 I 1"=400' I 50070136"E 1284.83' NE CORNER, SW 1/4 SEC 32-22-28 SE' CORNER, N 1/2, SW 1/4 SEC 32-22-28 n 1 N 1 N n I In C4 I In N i N _ IA sW In �tA Z i N (NI 2 r; 2 2' _ i 3 hna s re PI zj y 6M o W SOO 04'05"E NT R=510.00' 518.02' a 48'55'46" z L=435.53' I 14 CB=N84�53'45"W O .W I S70'38122"W 8 coI 1-43 h PT Ln 19000' fa ci n POB .W I z R=575.00' c. POB LESS-OUT R=35.00' "PC X17'00'24" X90'17'33 L=170.6]' SO0'04'05 E 40.00' `, L=55.16' N0021_38"W 539.37' N0071'38"W 716.29' J NO0'21'381W N89'55 55E 95.38' P i NT 1255.66' / 1330.98' —.A POC LESS—OUT R IN J MAt 11RE ROAD (COUNTY ROAD 4.39) NW CORNER, SW 1/4 E /W L E POC SEC 32-22-28 W LINE SW 1/4, SEC 32-22-28 SW CORNER LEGEND: SW CORNER SEC 32-22-28 R- RADIUS N 1/2. SW 1/4 SEC 32-22-28 d - CENTRAL ANGLE L- LENGTH OF CURVE PC POINT OF CURVATURE Pr POINT OF TANGENCY NT POINT OF NON—TANGENCY I hereby certify that this sketch. subject to the yo L CENIERUNE surveyors notes contained hereon, meets the applicable R/W RIGHT—OF—WAY "Minimum Technical Standards set forth by the SEC 32-22-28 SECTION .32. TOWNSHIP 22 SOUTH, Florida Board of Professional Surveyors and Moppers RANGE 28 EAST in Chapter 61G17-6, Florida Administrative Code. pursuant to Section 472.027. Florido Statutes. POCK POINT OF COMMENCEMENT DONALD W. McINTOSH ASSOCIATES, INC. POB- POINT OF BEGINNING SURVEYOR'S NOTES: Ilek.......` - Bearings based on the North line of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, as being FFlorida Registered Surveyor and Mapper N 8935'55" E, on assumed meridian. Certificate No. 2617 — This is not a survey. NOT VALID V THOUT THE SGNATUF:E AUG THE 4 i — See sheet 2 for description. ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. PREPARED FOR: DEVWORTH PROPERTIES INC. DATE BY DESCRIPTION WESTRIDGE - SEC 32-22-28 REVISIONS EMIDONALD W. McINTOSH ASSOCIATES, INC. Fl ik, BOOK PG ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEY CERTIFICATE OF AUTHORIZATION NO. L868 DRAWN BY:A ._. CHECKED BY:10_ JOB NO. SCALE SHEET I FOUND ' •' DATE: 3/13/02 DATE: 3/13/02 97194.0145 1"=400' OF 2 0 Fie Nome: F:\Prop—\97194\Sdwg\SURV\S00\SODt1ESTR10GE.dwg CS# 02-219 r:AtiJ bit A" (Page 2) SKETCH OF DESCRIPTION DESCRIPTION: That port of the North 1/2 of the Southwest 1/4 of Section 32, Township 22 East, Ronge 28 Eost, Orange County, Florida, described as follows: Commence of the Southwest corner of Section 32, Township 22 South, Ronge 28 Eost, and run N 0021'38" W along the West line of the Southwest 1/4 of said Section 32 for o distance of 1330.98 feet to the Southwest corner of the North 1/2 of the Southwest 1/4 of said Section 32; thence run N 89'47'54" E along the South line of soid North 1/2 of the Southwest 1/4 for a distance of 60.00 feet to a point on the East right—of—way line of Maguire Rood (County Rood 439), said point being the POINT OF BEGINNING; thence run N 0021'58" W along soid right— of—way line for a distonce of 1255.66 feet to the point of curvature of o curve concave • Southeasterly having o radius of 35.00 feet and a central angle of 90'17'33"; thence run Northeasterly along the arc of said curve for a distance of 55.16 feet to the point of tangency, thence run N 89'55'55" E along the South right—of—way line of Moore Road os described in Official Records Book 4343, Page 4532, of said Public Records for a distance of 2547.37 feet to o point on the East line of said North 1/2 of the Southwest 1/4; thence run S 00'20'36" E along said line for o distance of 1284.83 feet to the Southeast corner thereof; thence run S 89'47'54" W along the aforesaid South line of the North 1/2 of the Southwest 1/4 for o distonce of 2582.14 feet to the POINT OF BEGINNING. LESS That port of the Southwest 1/4 of Section 32, Township 22 Eost, Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest corner of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, and run N 89'55'55" E along the North line of said Southwest 1/4 for a distonce of 95.38 feet; thence run S 0004'05" E for a distonce of 40.00 feet to the South right—of—way line of Moore Rood and the POINT OF BEGINNING; thence run N 89'55'55" E along soid right—of— way line for a distonce of 734.82 feet; thence run S 00'04'05" E for a distance of 518.02 feet to a non—tangent point on o curve concave Southerly having a radius of 510.00 feet and o central angle of 48'55'46"; thence run Westerly along the arc of said curve for a distance of 435.53 feet to the point of tangency, thence run S 70'38'22" W for a distance of 190.00 feet to the point of curvature of a curve concave Northwesterly having o radius of 575.00 feet and o central angle of 17'00'24"; thence run Westerly along soid curve for o distance of 170.67 feet to a point of non— tangency on the Eost right—of—way line of Maguire Road; thence run N 00'21'38" W along said East right—of—way line for o distonce of 539.37 feet to the point of curvature of a curve concave Southeasterly having o radius of 35.00 feet and o central angle of 9017'33"; thence run Northeasterly along soid curve for o distance of 55.16 feet to the POINT OF BEGINNING. Containing 67.542 acres more or less and being subject to any rights—of—way, restrictions and easements of record. SL7285DESC PREPARED FOR: DEVWORTH PROPERTIES INC. DATE BY DESCRIPTION WESTRIDGE - SEC 32-22-28 REVISIONS IDOH , :EYBOOKENGINEERSNALD PNNERSASSOCIATESSURYORSINC. nNW.NOMcINTOS ( 4K PG CERTIFICATE OF AUTHORIZATION NO. L868 DRAWN BY:ALP__ CHECKED BY:�_ JOB NO. SCALE SHEET 2 FOUND e' DATE: 3/13/02 DATE: 3/13/02 97194.0145 N/A OF 2 , Fie Nome: F:\Prop-\97194\Sdwg\SURV\SOO\SOOVESTRIOGE.dwg CS 02-219 EXHIBIT "B" • SKETCH OF DESCRIPTION DESCRIPTION: That port of the Southwest 1/4 of Section 32, Township 22 East, Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest corner of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, and run N 89"55'55" E along the North line of said Southwest 1/4 for o distance of 95.38 feet; thence run S 0004'05" E for a distance of 40.00 feet to the South right-of-way line of Moore Road and the POINT OF BEGINNING; thence run N 89'55.55" E along said right-of-way line for a distance . of 734.82 feet; thence run S 0004'05" E for a distance of 518.02 feet to a non- tangent point on o curve concave Southerly having a radius of 510.00 feet and a central angle of 4855'46"; thence run Westerly along the arc of said curve for a distance of 435.53 feet to the point of tangency, thence run S 7038'22" W for a distance of 190.00 feet to the point of curvature of a curve concave Northwesterly having a radius of 575.00 feet and o central angle of 1700'24"; thence run Westerly along said curve for a distance of 170.67 feet to a point of non-tangency on the East right-of-way line of Maguire Rood; thence run N 0071'38" W along said East right-of-way line for a distance of 539.37 feet to the point of curvature of o curve concave Southeasterly having o radius of 35.00 feet and o central angle of 9017'33"; thence run Northeasterly along said curve for a distance of 55.16 feet to the POINT OF BEGINNING. Containing 8.797 acres more or less and being subject to any rights-of-way, restrictions and easements of record. POINT OF COMMENCEMENT NW CORNER, SW 1/4, SEC 32-22-28 N89'55'55 E 95.38' S0004'05"E N LINE, SW 1/4, EC 32-22-28 1 --- 40 —MOORE ROAD - rN89�5:55. PT N89"55'55"E 734.82' i I PC POINT OF BEGINNING ..-S R/W LINE Q%CN O 001 ce N Wz 9033" d II I4b L=55.16' 0- �ZIN �1 () a (� LEGEND: r R= RADIUS GA A= CENTRAL ANGLE �i L= LENGTH OF CURVE I P V a PC POINT OF CURVATURE PT POINT OF TANGENCY I PT \ NT POINT OF NON-TANGENCY ow 60' on2 r , € CENTERLINE -0-= W • • R:510.00 NT R/W RIGHT-OF-WAY I NT PC 514 90'00 Ls�5'4611 SEC 32-22-28 SECTION 32, TOWNSHIP 22 SOUTH, I RANGE 28 EAST R=575.00' t1=17'00' " 24 I L=170.67 I hereby certify that this sietdh. subject to the surveyor's notes contained hereon. meets the applicable 'Mininum Technical Standards' est forth by the Florida Board of Professional Surveyors and Mappers M Chapter 01017-6, Florida Administrative Code. SURVEYOR'S NOTES pursuant to Section 472.027, Florida Statutes. DON W. MdNTOSH ASSOCIATES. INC. - Bearings based on the North line of the Southwest 1/4 iciA...............Section 32, Township 22 South, Range 28 East, as being N 89'55'55" E, an assumed meridian. Keith - This is not a survey. Florida Registered Surveyor and Mapper Certificate No. 2617 NOT VALID UNCUT THE SIGNATURE AND THE ORIGBNA. Rwiat' 3cp+L OF A FLORIDA UCtNSE0 SURVEYOR AND MAPPER. PREPARED FOR: GLENMUIR PROPERTIES, INC 5/3/01 KOH REWSED MAGUIRE ROAD RIGHT-OF-WAY DATE BY DESCRIPTION WEST RIDGE COMMERCIAL TRACT - SEC 32-22-24 OCOEE REVISIONS IDONALD PLANNERSASSOCIATESURVEYORSINC. n BOOK PG 2200 PARK AVENUEW.NORTHMcINTOSH, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEY CERTIFICATE OF AUTHORIZATION NO. LB68 DRAWN BY: KDH CHECKED BY: KR JOB NO. SCALE SHEET 1 FOUND ,•' DATE: 5/3/01 DATE: 5/3/01 97194.0145 1" = 200' OF I , KDH 5/3/07 F:\Prop-\97194\Sdwg\SKD-DEVWTH.DWG SL6930.doc CSj 97403A EXHIBIT "C" MP SKETCH OF DESCRIPTION NUMBER RADIUS DELTA LENGTH CHORD CHORD BEARING Cl 275.00 25'37'32" 122.99 121.97 S1228'10"W C2 335.00 25'37'32" 149.83 148.58 S1228'10"W POINT OF CUSP W vt A � m V ~ n a PRC W N CS V --2o PT —I — — I U O N :11 Z LOT 7 O BLOCK 'Y H MAP OF GOTHA _ , I PLAT BOOK *A., PACE 39 co Ix to M N. o 40 W aC) o FeW 3 3 ,- - ZM ct 5 z OW Pi ci pa LOT - OCK 'Y N QW MA8POF �OTHA U) 0 BL 2 PLAT BOOK "A, PACE 39 0 CC CL N89'47'54'E 60.00*-- �}�j �� S LINE, N 1/2, SW 1/4, SEC 32-22-28 h(PER PLAg}T BODK 'A', PAGE 39) • POINT OF BEGINNING , SE CORNER N 1/2, SW 1/4. SEC .32-22-28 I 4 I3 LEGEND: I A R - RADIUS UNPLATTED 14 L - ARC LENGTH 8 CB - CHORD BEARING SEE SHEET 2 FOR DESCRIPTION A — CENTRAL ANGLE R/W - RIGHT-OF-WAY POINT OF COMMENCEMENT I herebyrveyor,certify that this sketch, subject to the sFL — CENTERLINE 6x6 CM AT S 1/4 CORNER SEC 32-22-28 'Minimums notenical Standards- set s contained hereon, meets the applicable (N01) FloridaBoardof Professional Surveyorsforthand Mae ers L5 - INE NUMBER NUMBER SURVEYORS NOTES: in Chapter 61G17-6, Florida Administrative Code, L5 - LINE PG - PAGE - THIS IS NOT A SURVEY, pursuant to Section 472.027, Flatido Statutes. DONALD W. McINTOSH ASSOCIATES, INC. PGS - PAGES - BEARINGS BASED ON THE E LINE, PB - PLAT BOOK SW 2- 1/4, SEC 32-228 dijitA.,14"---- PC - POINT OF CURVATURE AS BEING N0020'22- PRC - POINT OF REVERSE Jimmy Wallace CURVATURE (AN ASSUMED MERIDIAN) Florida Registered Surveyor and Mapper PT - POINT OF TANGENCY -SEE SHEET 2 FOR DESCRIPTION. Certificate No. 5359 NT - NON-TANGENT Nal VALID YNIHOUT THE SIGNATURE AND THE SEC 32-22-28 - SECTION-TOWNSHIP-RANGE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. PREPARED FOR: DEVWORTH PROPERTIES, INC DATE BY DESCRIPTION WESTRIDGE - 7th STREET R/W RESERVATION TRACT REVISIONS DOND OSES, I ENGINEERSALPLANNERSH ASSOCIATSURVEYORSINC. n 2200 PARK AVENUE W.NORTHMcINT, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEBOOK PG Y CERTIFICATE OF AUTHORIZATION NO. LB68 FOUND DRAWN BY: ,./ .___. CHECKED BY:KB_ JOB NO. SCALE SHEET 1 DATE:01/21/2002 DATE: 01/25/2002 97194.0215 l'. 200. OF 2 L CS# 02-142 , EXHBeIT "C" l(PaI LEGAL DESCRIPTION • DESCRIPTION: That part of Section 32, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at a 6" x 6" concrete monument at the South 1/4 corner of Section 32, Township 22 South, Range 28 East; thence run NO0'20'36"W along the East line of the Southwest 1/4 of said Section 32 for a distance of 1324.83 feet to the Southeast corner of the North 1/2 of the Southwest 1/4 of said Section 32 and the POINT OF BEGINNING; thence continue N00'20'36"W along said East line for a distance of 934.64 feet to the point of cusp of a curve concave Westerly having a radius of 275.00 feet and a chord bearing of S1228'10"W; thence run Southerly along the arc of said curve through a central angle of 25'37'32" for a distance of 122.99 feet to the point of reverse curvature of a curve concave Easterly having a radius of 335.00 feet and a chord bearing of S1228'10"W; thence run Southerly along the arc of said curve through a central angle of 25'37'32" for a distance of 149.83 feet to the point of tangency, thence run S00'20'36"E for a distance of 670.68 feet; thence run N89'47'54"E along the South line of said North 1/2 of the Southwest 1/4 for a distance of 60.00 feet to the POINT OF BEGINNING. Containing 1.112 acres more or less and being subject to any rights—of—way, restrictions and easements of record. 4 PREPARED FOR: DEVWORTH PROPERTIES, INC DATE BY DESCRIPTION WESTRIDCE - 7th STREET R/W RESERVATION TRACT REVISIONS ID , Iry C. n :o0K PG ENGINEERSONALD PLANNERSMcINTOSHASSOCIATESSURVEYORS 2200 PARK AVENUEW.NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 SURVEY CERTIFICATE OF AUTHORIZATION NO. LB68 DRAWN BY: JIMMY CHECKED BY: CLR- JOB NO. SCALE SHEET 2 FOUND ' • DATE:01/21/2002 DATE: 01/22/2002 97194.0215 1"=200' OF 2 CS# 02-142