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HomeMy WebLinkAboutVI (B1) Development Agreement Agenda 2-15-2000 Item VI B1 FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 20377-0502 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Martha H. Formella, Esq., Assistant City Attorney THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: February 8, 2000 RE: Glenfinnan - Development Agreement QUESTION: Should the City Commission approve the proposed Development Agreement with KenJen, Ltd. With respect to the Glenfinnan Subdivision? DISCUSSION: Cambridge Homes ("Cambridge Homes") is the proposed contract purchaser from KenJen, Ltd. ("KenJen") of land located at the southeast corner of Ocoee-Clarcona Road and Clarke Road (the "KenJen Property"). Cambridge Homes proposed to develop the Glenfinnan Project on the KenJen Property. The City has required that a development agreement be executed by KenJen (as the current owner) in connection with the approval of the Glenfinnan Preliminary Subdivision Plan. The Development Agreement will be binding on KenJen and on a subsequent purchaser such as Cambridge Homes. The terms and conditions of the proposed Development Agreement attached hereto are consistent with the Preliminary Subdivision Plan which was recommended for approval by the Planning and Zoning Commission on January 26, 2000. The highlights of the Development Agreement are as follows: * Preliminary Subdivision Plan - incorporated by reference; * Construction of Ponds 1 and 4 - as part of Phase 1 of the Glenfinnan Project, the Developer shall design, engineer, permit, and construct Pond 1 on Tract A and Pond 4 on Tract F; Pond 1 and Pond 4 will substitute for the existing retention pond along Clarke Road which is currently owned and maintained by the City ("Existing Pond"); 006.170084.1 * Conveyance of Right-of-Way and Tract F to the City - the Developer shall, at no cost or expense to the City convey to the City a ten (10) foot strip of property along Clarke Road ("Right-of-Way Land") and Tract F (which includes Pond 4) upon the earlier of thirty (30) days written notice from the City or at the time of platting, but in no event prior to Final Subdivision Plan approval; the Developer and then the Homeowners' Association shall maintain the Right-of-Way Land and Tract F at no cost to the City until the City takes responsibility for such maintenance; no person or entity shall be entitled to compensation or impact fee credits in connection with the conveyances; the Developer may reserve a drainage easement over Tract F provided that the City has the right to unilaterally relocate the drainage easement without compensation to the Developer by recording a notice in the Public Records; * Conveyance of Existing Pond by the City to the Developer - the City will convey the Existing Pond Land to the Developer within ten (10) days following the pre-construction conference but in event prior to approval of the Final Subdivision Plan and conveyance of the Right-of-Way Land to the City; the conveyance shall be by quit claim deed "as is" without any representations and warranties; * Pond 1 as a Joint Use Pond - Pond 1 will be a joint use retention pond for the benefit of the City and the Developer and will accommodate the same design volume as the Existing Pond and the contributing portion of the Glenfinnan Project; the Developer then the Homeowners' Association shall own and maintain Pond 1 at no cost or expense to the City; * Right of City to Maintain - the City has the right but not the obligation to enter Tract A, Tract F, and the Right-of-Way Land and maintain Pond 1, Pond 4, and the Right-of-Way Land, respectively, if the Developer or the Homeowners' Association has responsibility for such maintenance and fails to do so; * Clarke Road Improvements - upon thirty (30) days written notice from the City but prior to issuance to issuance of the first residential building permit, the Developer shall pay the City the estimated cost of designing, engineering, permitting, and constructing a left turn lane into the Glenfinnan Project from southbound Clarke Road; the City may use the payment for the future design, engineering, permitting, and/or construction of the turn or the future four-laning of Clarke Road. As noted above, the Development Agreement calls for the Existing Clarke Road Retention Pond, which is owned by the City, to be conveyed to the Developer and incorporated into the Glenfinnan Project. No monetary consideration is being paid to the City in connection with this conveyance. This pond was originally acquired by eminent domain from KenJen as part of the Clarke Road project in order to provide stormwater retention for Clarke Road. The Developer essentially proposes that the existing pond be relocated and incorporated into the stormwater management system for the Glenfinnan Project (i.e., Pond 1 on Tract A) so that the purpose of the existing pond (and the original acquisition by the City) will continue to be accomplished. The City is not obtaining title to Pond 1 since it will be a joint use pond and the maintenance responsibility is being passed on to the homeowners association. The 006.170084.1 -2- Director of Planning and City Engineer have concluded that the conveyance of the Existing Clarke Road Retention Pond to the Developer and the relocation of the design volume of that pond into Pond 1 and the proposed Glenfinnan stormwater management system is in the best interests of the City. Section C-8.B(3) of the City Charter provides as follows: "The City Commission shall not approve the sale, lease or other alienation of real property owned by the City for a price or rental below the City's estimate of the fair market value or fair rental value thereof, except in cases where specific good cause is shown and in cases involving alienation to another public agency." In this case the City has not obtained an appraisal of the Existing Clarke Road Retention Pond since the transaction is being pursued from a drainage function viewpoint rather than a "land sale" viewpoint. The City staff believes that the continuance of the existing stormwater function in a new pond maintained by the developer/homeowner association when combined with the donation (without impact fee credits) of Tract F which will be needed by the County for the Ocoee-Clarcona Road Project constitutes specific good cause to proceed with the land conveyance. The City would then be in a position to offer Tract F to the County in connection with discussions regarding the Ocoee-Clarcona Road Project. Since the Existing Clarke Road Retention Pond is being conveyed without any specific monetary payment and without any strict matching of dollar value given versus dollar value received, it is necessary for the City Commission to find that there is specific good cause shown to proceed with the conveyance. The Planning Director and City Engineer have reviewed the proposed Development Agreement and recommend its approval. If owner of the Property has not executed the Development Agreement prior to the City Commission meeting on February 15, 2000, the public hearing on the Preliminary Subdivision Plan and action on the Development Agreement should be continued to March 7, 2000. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Development Agreement with KenJen, Ltd. and authorize the execution thereof by the Mayor and City Clerk and further find that the Development Agreement constitutes the showing of "specific good cause" for the conveyance of the northern most existing Clarke Road retention without the receipt of any specific monetary consideration. Attachment 006.170084.1 -3- THIS INSTRUMENT PREPARED BY: Martha H. Formella, Esq. FOLEY& LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407)656-2322 For Recording Purposes Only DEVELOPMENT AGREEMENT (GLENFINNAN) THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into as of the day of ("Effective Date") by and between KENJEN, LTD., a Florida limited partnership, whose mailing address is and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (the "City"). WITNESSETH: WHEREAS, Kenjen, Ltd. is the owner of certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, on , pursuant to the application of Cambridge Homes as the authorized agent of Kenjen, Ltd., the Ocoee City Commission approved the Preliminary Subdivision Plan for Glenfinnan Subdivision subject to execution of this Development Agreement; and WHEREAS, Kenjen, Ltd. or its successors or assigns (hereinafter collectively referred to as the "Developer") intend to develop on the Property a residential subdivision to be known as "Glenfinnan" (the "Glenfinnan Project"); and 006.165064.3 WHEREAS, the Developer has proposed to include as part of the Glenfinnan Project certain lands owned by the City, consisting of 1.370 acres, more or less, which are currently utilized as a retention pond for Clarke Road (the "Existing Pond") said land being more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (the "Existing Pond Land"); and WHEREAS, the Developer has requested that the City convey the Existing Pond Land to the Developer so that it may be utilized as part of the Glenfinnan Project; and WHEREAS, the City has agreed, subject to the terms, conditions and limitations set forth herein, to convey the Existing Pond Land to the Developer so that it may be utilized as part of the Glenfinnan Project. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Development of the Property. The City Commission of the City of Ocoee at a meeting held on approved that certain Preliminary Subdivision Plan for Glenfinnan prepared by Professional Design Associates, Inc. as revised December 20, 1999 and date stamped as received by the City on January 19, 2000 with such additional revisions thereto as may be reflected in the minutes of said City Commission meeting (hereinafter referred to as the "PSP"). The PSP is hereby incorporated herein by reference as if fully set forth herein. The Developer hereby agrees to develop the Property and the Existing Pond Land (collectively, the "Combined Property") in accordance with the PSP and all permits and approvals issued by the City and other governmental entities with respect to the Glenfinnan Project. Section 3. Construction of Ponds 1 and 4; Conveyances. A. The Developer hereby agrees to design, engineer, permit and construct as part of the Phase 1 construction of the Glenfinnan Project the retention pond shown on Tract A of the PSP ("Tract A") as Dry Retention Pond #1 ("Pond 1") and the retention pond shown as Tract F of the PSP ("Tract F") as Dry Retention Pond #4 ("Pond 4"), all in accordance with the PSP and the approved final subdivision plan ("FSP") for the Combined Property, all at no cost or expense to the City. It is intended that Pond 1 and Pond 4 substitute for the Existing Pond as more fully set forth in Section 4 hereof. B. In consideration of the Developer's agreement with respect to Pond 1 and Pond 4 as set forth in Section 3.A. above, the City hereby agrees as follows: (1) The City consents to the inclusion of the Existing Pond Land within the PSP, the FSP and as part of the Glenfinnan Project; and (2) The City hereby agrees to convey, subject to the terms, conditions and limitations set forth herein, the Existing Pond Land to the Developer within ten (10) days 006.165064.3 -2- following the pre-construction conference for the Glenfinnan Project but in no event prior to approval of the FSP and the conveyance to the City of the Right-of-Way land. The conveyance of the Existing Pond Land shall be by quit claim deed subject to all matters of record. This conveyance shall be "as is" without any warranties or representations whatsoever. Except as expressly set forth herein, the Developer shall not be obligated to make any payment to the City in consideration of the conveyance of the Existing Pond Land. C. The Developer shall, at no cost or expense to the City, convey to the City marketable fee simple title to a ten (10) foot wide strip of the Combined Property lying adjacent and contiguous to and along the entire length of the Combined Property's frontage on Clarke Road as shown on the PSP consisting of approximately acres, more or less, (the "Right-of-Way Land") upon the earlier of: (i) the receipt of thirty (30) days written notice from the City regarding such conveyance; provided, however, that in no event shall such conveyance be required prior to approval of the FSP; or (ii) the platting of the Combined Property, or any portion thereof. Such conveyance shall be in accordance with the provisions of Section 3.E. below. The Right-of-Way Land shall be landscaped in accordance with the requirements of the FSP and maintained by the Developer, at its sole cost and expense, until such time as the City releases the Developer from such responsibility; provided, however, that the City shall have no obligation to do so; and provided, further, however, that the Developer shall, at the time of platting, transfer and assign this responsibility to the Homeowners' Association for the Glenfinnan Project. No person or entity shall be entitled to impact fee credits or other compensation for or on account of the conveyance of the Right-of-Way Land. D. The Developer shall, at no cost or expense to the City, convey to the City marketable fee simple title to Tract F consisting of approximately acres, more or less, upon the earlier of: (i) the receipt of thirty (30) days written notice from the City regarding such conveyance; provided, however, that in no event shall such conveyance be required prior to approval of the FSP; or (ii) the platting of the Combined Property, or any portion thereof. The Developer may reserve a drainage easement over Tract F provided that the City or its successors and assigns have the right to unilaterally relocate the drainage easement without compensation to the Developer by recording a notice in the Public Records of Orange County, Florida. Such conveyance shall be in accordance with the provisions of Section 3.E. below. Tract F shall be maintained by the Developer, at its sole cost and expense, in accordance with all applicable permits and approvals until such time as the City releases the Developer from such responsibility; provided, however, that the City shall have no obligation to do so; and provided, further, however, that the Developer shall, at the time of platting, transfer and assign this responsibility to the Homeowners' Association for the Glenfinnan Project. The Developer expressly acknowledges that: (i) the City may elect to subsequently convey Tract F to Orange County for use in connection with improvements to Ocoee-Clarcona Road (the "Ocoee-Clarcona Road Project"); and (ii) the County may thereafter eliminate Pond 4 and incorporate the stormwater from Pond 4 into the stormwater system for the Ocoee-Clarcona Road Project. In the event Pond 4 is eliminated as aforesaid, then the Developer and the Homeowners' Association shall thereafter be released from any further maintenance responsibilities with respect to Tract F. No person or entity shall be entitled to impact fee credits or other compensation for or on account of the conveyance of Tract F. 006.165064.3 -3- E. The conveyances referenced in Sections 3.0 and 3.D. above shall be by special warranty deed free and clear of all liens and encumbrances except such encumbrances which are acceptable to the City. At the time of each such conveyance real property taxes shall be prorated as of the day of the acceptance of each such conveyance and the prorated amount shall be paid by Developer and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, if a conveyance occurs between November 1 and December 31, then the Developer shall be responsible for the real property taxes for the entire year. At least seven (7) days prior to any such conveyance, the Developer, at its sole cost and expense, shall provide to the City an acceptable title insurance commitment with respect to the lands being conveyed and following conveyance thereof, a title policy in favor of the City which is consistent with the title insurance commitment. The title insurance with respect to the Right-of-Way Land shall be in the amount of twenty thousand dollars ($20,000.00) and the title insurance with respect to Tract F shall be in the amount of twenty thousand dollars ($20,000.00). Section 4. Pond 1 as Joint Use Pond. A. It is expressly agreed that Pond 1 shall be a joint use retention pond for the benefit of the Developer and the City and that Pond 1 will be designed and sized to accommodate the same volume for which the Existing Pond has capacity and the contributing portion of the Glenfinnan Project. B. Developer shall own and maintain Pond 1, at its sole cost and expense, in accordance with all applicable permits now or hereafter issued by St. Johns River Water Management District ("SJRWMD"); provided, however, that such ownership and maintenance responsibility shall, at the time of platting, be transferred and assigned to the Homeowners' Association for the Glenfinnan Project. Section 5. Right of City to Maintain. A. To the extent that the Developer or the Homeowners' Association has the responsibility to maintain Pond 1, Pond 4 and the Right-of-Way Land and fails to do so within thirty (30) days notice from the City of any such failure to maintain, the City shall have the right but not the obligation to enter Tract A, Tract F and the Right-of-Way Land and maintain Pond 1, Pond 4 and the Right-of-Way Land, respectively. If the City exercises this right, the then owner of said lands shall reimburse the City for the cost of such maintenance within fifteen (15) days of receipt of written notice of the reimbursement amount. If the then Owner of said lands fails to reimburse the City, then the City shall be entitled to pursue all remedies available at law or in equity to recover any monies spent by the City and shall be entitled to interest thereon at the rate of 18% per annum. B. The provisions of this Section shall be incorporated into restrictive covenants for the Glenfinnan Project which will be recorded at the time of platting of the Combined Property or any portion thereof. Said restrictive covenants shall also grant to the City a drainage, access and maintenance easement with respect to Tract A. 006.165064.3 -4- Section 6. Clarke Road Improvements. The Developer and City agree that the Glenfinnan Project will, at a future date, require the construction of a left turn lane into the Glenfinnan Project from southbound Clarke Road as a bump out from the existing 2-lanes of Clarke Road (the "Turn Lane Improvement"). In lieu of designing, engineering, permitting and constructing the Turn Lane Improvement, the Developer agrees to pay to the City, within thirty (30) days of receipt of a written request to do so but prior to the issuance of the first residential building permit for the Combined Property, an amount of money equal to the City's good faith estimate of the cost which would otherwise be incurred by the Developer in designing, engineering, permitting and constructing the Turn Lane Improvement (the "Turn Lane Payment"); provided, however, that in no event shall such Turn Lane Payment be required prior to approval of the FSP. The City's good faith estimate of the Turn Lane Payment will be made at or prior to the time of platting of all or a portion of the Combined Property based on the then current cost estimates. Payment of the Turn Lane Payment shall relieve the Developer of any current or future obligation to construct or pay for the Turn Lane Improvement. The Turn Lane Payment shall be held by the City to be used for the future design, engineering, permitting and/or construction of the Turn Lane Improvement, or, at the City's option, to be used towards the cost of the future 4-laning of Clarke Road. Nothing herein shall be construed to impose upon the City any obligation to make improvements to Clarke Road. Section 7. 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 (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 8. Covenant Running with the Land. This Agreement shall thereafter run with the land and inure to and be for the benefit and burden of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Combined Property or any portion thereof. Section 9. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, 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 10. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 11. 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 12. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and 006.165064.3 -5- agreements, with respect to the subject matter hereof, including but not limited, any such agreements or conditions set forth in the PSP with respect to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 13. 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 necessary to confirm and/or effectuate the obligations of either party hereunder. Section 14. 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 15. 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 16. 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 17. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 18. 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 19. Effective Date. This Agreement shall first be executed by the Developer. The Effective Date of this Agreement shall be the date of execution by the City which date will be inserted on Page 1 of this Agreement. [SIGNATURE PAGES FOLLOW] 006.165064.3 -6- IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. DEVELOPER: Signed, sealed and delivered in the KENJEN, LTD., presence of: a Florida limited partnership By: Print Name: Name: General Partner Print Name: 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 acknowledgements, personally appeared as General Partner of KENJEN, LTD., a Florida limited partnership, and who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the same on behalf of said limited partnership in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2000. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if no t legible on seal): My Commission Expires (if no t legible on seal): 006.165064.3 -7- IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized representatives as of the day and year first above written. CITY: Signed, sealed and delivered in the Presence of: CITY OF OCOEE, Florida By: Print Name: S. Scott Vandergrift, Mayor Attest: Print Name: Name/Title: (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE, FLORIDA. Approved as to COMMISSION AT A MEETING HELD ON form and legality this day of , , 2000 UNDER AGENDA 2000. ITEM NO. . 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 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 , 2000. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if no t legible on seal): My Commission Expires (if no t legible on seal): 006.165064.3 -8- EXHIBIT "A" THAT PART OF THE NORTH HALF (N 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SLLAION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING SOUTH OF OCOEE-CLARCONA ROAD AND EAST OF CLARK ROAD. AND THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) AND THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N 89'58'07 E ALONG THE NORTH LINE OF SAID SECTION 4, A DISTANCE OF 1324.57 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SEL.. ION 4; THENCE DEPARTING SAID NORTH LINE S OO'49'57 W ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTH EAST-1/4 OF SAID SECTION 4, A DISTANCE OF 2.1i F117 TO THE POINT OF BEGINNING; THENCE CONT1NUE ALONG SAID EAST UNE S OO' 'S7" W, A DISTANCE OF 672.66 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAND SECTION 4; THENCE N 89'4718" E ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 666.18 FEET TO THE NORTHEAST CORNER OF SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4; THENCE S 00'30'18" W ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 1/4 OFSt SAID CiION OF THE NORTHEAST1/4 4, A DISTANCE 671.31 FEET TO THE SOUTHF:ASOF THE NORTHEAST 1/4 OF SAID SECTION ;T THENCORNCE S 89'24THE �AL.ONG THE1OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 4 AND THE NORTH LINE OF PRAIRIE LAKE V1LLAGE PHASE I, PUT BOOK 7,3, PAGES E3 & 70 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA` A DISTANCE OF 1324.27 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY UNE OF CLARK ROAD AND TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1959.86 FLEI AND A CHORD BEARING OF N 10'26'42" W; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 92.89 FEET THROUGH A CENTRAL ANGLE OF 0242'56' TO THE WEST UNE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY UNE N 01'09'35 E ALONG THE WEST UNE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 588.81 I-LEI TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SLCIION 4; THENCE S 89'42'15" W ALONG THE SOUTH UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 221.83 Ftti TO THE AFORESAID EASTERLY RIGHT OF WAY UNE OF CLARK ROAD; THENCE N 23'28'07" W ALONG SAID RIGHT OF WAY UNE, A DISTANCE OF 127.56 FEET THE SOUTHERLY RIGHT OF WAY LINE OF OCOEE-CLARCONA ROAD; THENCE RUN THE FOLLOWING COURSES ALONG SAID SOUTHERLY RIGHT OF WAY LINE; N 40'39'40" E' A DISTANCE OF 183.17 Fttl TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 537.48 FELT AND A CHORD BEARING OF N 5459'40" E; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 268.91 FEET THROUGH A CENTRAL ANGLE OF 2639'58" TO A POINT OF TANGENCY; THENCE N 69'19'39' E, A DISTANCE OF 597.02 Ft.I TO THE POINT OF BEGINNING. CONTAINING 30.683 ACRES MORE OR LESS. EXHIBIT "B" LEGAL DESCRIPTION REMAINDER PARCEL M..233 A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST OUARTER OF THE NORT►nATST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TO:.':SMIP 2I SOUTH. RANGE 28 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH. RANGE 28 EAST FOR A POINT OF REFERENCE. THENCE. ALONG TI:r. SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, RUN NORTH 89'50'17' EAST. 1632.88 FEET: THENCE. DEPARTING SAID SLA/TH LINE. RUN NORTH 00.11.19" WEST. 125007 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVe-SOUTHEASTERLY; THENCE RUN 1N'•RTHEASTER;V. ALONE; •44;r• P.I..v= ti ;NO A P.:.D.US LEr:U Tn Cr: 1 S 1 .., ••11 A Le:. •-_ AntiLt OF 41.43'09% AN ARC LENGTH OF 903.62 FEET. A CHORD LENGTH ; C6.3.79 FEET AND A CHORD BEARING OF NORTH 20'40'16" EAST TO THE POINT OF • TANGENCY; THENCE RUN NORTH 41'31'50' EAST. 591.82 FEe T 10 THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY: THENCE ILL•: NORTHEASTERLY. ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59', AN ARC LENGTH OF 895 61 FEET. A CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20'51'20' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00.10'E 1' EAST. 5701.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST: THENCE RUN NORTHEASTERLY. ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF 45.12'49% AN ARC LENGTH OF 1507.12 FEET. A CHORD LENGTH OF 1458.31 FEET AND A CHORD BEARING OF NORTH 22'47'15' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45. 23'39' EAST, A DISTANCE OF 300 01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST: THENCE RUN NORTHEASTERLY. ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 1909.65 FEET. A CENTRAL ANGLE OF 60'01'02'. AN ARC LENGTH OF 2000.58 FEET. A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING OF NORTH 15'23'08' EAST TO THE POINT OF TANGENCY: THENCE RUN NORTH 14• 37'23' WEST. A DISTANCE OF 720.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST: THENCE RUN NORTHERLY. ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 3274.04 FEET, A CENTF.AL ANGLE OF . 17'00'08". AN ARC LENGTH OF 971.56 FEET. A CHORD LENGTH OF 968.0;1. FEET AND A CHORD BEARING OF NORTH 06607'19' V E:T TO THE POINT Or TANGENCY; THENCE RUN NORTH 02°22'45- EAST. A DISTANCE OF 239.98 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST; THENCE RUN NORTHERLY. ALONG SAID CURVE. NAVIN:: A RADIUS LENGTH OF 3274.04 FEET.A CENTRAL ANGLT. OF 21°09'36". AN ARC LENGTH OF 1209 14 FEET. A CHORD LENGTH OF 12C2 28 FEET AND A CHORD BEARING OF NORTH 08'12'03' WEST TO THE POINT OF TANGENCY: THENCE RUN NORTH 18'46'51' \VEST. A DISTANCE CF 239 98 FEET TO THE RC'"'T CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN IIOF.TH'.�ESTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 3274.05 FEET. A CENTP.AI ANGLE OF 19.56'58', AN ARC LENGTH OF 1139 95 FEET. A CHORD LENGTH OF 1134.21 FEET AND A CHORD BEARING OF NORTH 09'45'22' WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 01°•:,'07" EAST. 3138 08 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON A NON•TANGENT CURVE CONCAVE SOUTHWESTERLY: THENCE RUN NORTHWESTERLY ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 1959.86 FEET. A CENTRAL ANGLE OF 11.37'22'. AN ARC LENGTH OF 397.57 FEET. A CHORD LENGTH OF 396.88 FEET AND A CHORD BEARING OF NORTH 17'37'25- WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 23.26'06- WEST. 234.82 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTHWEST OUAP,TER OF THE NORTH. WEST OUARTER OF THE NORTHEAST OUARTER OF SAID SECTION 4; THENCE RUN NORTH 89'50'466 EAST, ALONG SAID NORTH LINE. 225 66 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4: THENCE RUN SOUTH 01'10'07' WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, 594.44 FEET TO THE POINT OF EEGINNUTG. THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY. FLORIDA AND CONTI INS 1.370 ACRES, MORE OR LESS.