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HomeMy WebLinkAboutVII (C) Aproval of Utility Service Territory Amendment; Second & Third Amendment to Orance County/City of Ocoee Water & Sewer Service Territorial Agreement Agenda 2-15-2000 Item VII C 1&2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT N.ron,$04 6 o.o CITY OF OCOEE DANNMYxoWELL a 150 N.LAKESHORE DRIVE SCOTT ANDERSON OCOEE FLORIDA 34761-2258 c> v. RUSTY JOHNSON `�y •� (407)656-2322 NANCY J.PARKER Op GOO' CITY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: January 27, 2000 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Utility Service Territory Amendment The tract of land shown on the attached Exhibit 1 is located within the Ocoee corporate limit, but is outside the Ocoee utility service area. The property owner wants to develop the site as a professional office complex using city water and sewer services. In order to provide city water and sewer service to this site, the current Ocoee/Orange County utility area agreements must be modified to bring the site into the Ocoee water and wastewater utility service territories. To do this, both the City Commission and County Commission must execute an amendment to the current City/County water and wastewater territory agreements. Attached for your review and action are two documents titled SECOND AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT and THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT (the Amendments). Together, these documents modify the existing water and wastewater service territory boundaries as shown on the attached Exhibit 2. These changes will bring the outlined area into the Ocoee water and wastewater service territory. The proposed changes have been reviewed and approved by Orange County Utilities staff. Upon approval by the Ocoee City Commission, these Amendments will be placed before the Orange County Commission for approval. I recommend that the City Commission authorize the Mayor and City Clerk to execute the SECOND AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT and the THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT. Attachments EXHIBIT 1 SR 50 K(3. 28 . ]w w o O HEALTH FF CENTRAL ( \ /hi: ., _ 474, LL, q 0 0 �� w __116.. ti U Q OLD wiNTER G OVE ST -PARK PARKWAY ' w GARDEN OAK F REST 4, BAN S z, o pl APARTM NTS ii lir . 0 r ,___________ 1m! Il Q ,,, <,= 0A :I- "0n � w,NrER � >v�IIi GARDE K E LILLY lal is 1111111 Li., LA LY �� al`�Iiiiii c SEMINOLE w m NO (� a - —CRYSTAL— _ u 1 \PI2 4/ ci, BROADWAY----] EXHIBIT 2 \\1 I / 1 ( I I ) I i I i Ci)-2l9 SR 50 EEO =III OEM J d' Z O HEALTH ��� FFcO CENTRAL \ tiT la W � 90-= D SERVICE o Iif XI �0ti -.‘ , ,BOUNDARYY LINE i. ¢ ' w _ IiE:,l,i,li1 lD1 lri G':, -GROVE ST 1 PR❑FESSI❑NAL PARKWAY ,= = PARK N___________ .{, ilL L IwMh.Ne il.--1 1= .---- . _Z____......R. zw ' _ OAK FOREST 2 "kw ;. j41 S o �- e% ''' APARTMENTS o Yw a -I- ►:,; 0 =S a Iso �, wl NTe GgRD LAKE ILLY 1P.I: .. 9[�M:M FN 4 Mhl-11111 2 'IIIII SEMIN❑LE — NEW E RVI C E I 11111IE �o \ — ■ I -� BOUNDARY �jO ' - CRY TA LI N E G-rA, BROADWAY o''7v .1 r u. 41P( N la i,1lip•iI1,- LAKE <qoro , I , PEARL S,l ee 5 SADDLEBR❑A Fr - 0 `1N LAKE y *41 �,�p� WINNERSd G���F PEARL ST If a P \ FURLONG WA -FURLONG WAYS (��q- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32802-2193 For Recording Purposes Only SECOND AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT (CONTRACT NO. W-88-06) THIS SECOND AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERITORIAL AGREEMENT (the "Amendment") is made and entered into this day of , , by and between ORANGE COUNTY, a political subdivision of the State of Florida (hereinafter "County") and the CITY OF OCOEE, FLORIDA, a municipality created under Florida law and located in Orange County, Florida (hereinafter "City"). WITNESSETH: WHEREAS, the City and County entered into that certain Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) ("Water Service Agreement") dated November 14, 1988, by and between the County and the City, as recorded on November 23, 1988 in Official Records Book 4034, Page 291, Public Records of Orange County, Florida; and WHEREAS, the City and the County also entered into that certain First Amendment to Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) "Water Service Agreement") dated February 11, 1994, by and between the County and the City, as recorded on February 23, 1994 in Official Records Book 4702, Page 2576, Public Records of Orange County, Florida; and WHEREAS, the City and the County desire to modify and alter the Territorial Boundary, as that term is defined in the Water Service Agreement, in accordance with the provisions set forth herein; and WHEREAS, Section 4 of the Water Service Agreement provides that the City and the County may alter the Territorial Boundary by mutual consent by the preparation of a document fully describing such alteration, which document is approved by the governing boards of each party and provides the legal description and map of the proposed new Territorial Boundary; and WHEREAS, the City and the County recognize that this procedure is unnecessarily cumbersome when small Territorial Boundary changes are required; and WHEREAS, this Amendment fulfills the requirements set forth in Section 4 of the Water Service Agreement and has been approved by the governing boards of each party. NOW, THEREFORE, in consideration of the mutual premises contained herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the County hereby agree as follows: 1. The above recitals are true and correct and are incorporated hereby by this reference. 2. The Composite Exhibit "A" attached to the Water Service Agreement is hereby deleted in its entirety, and the Territorial Boundary and the City's Territorial Area shall hereafter be as described and generally depicted in the new Composite Exhibit "A" attached hereto and incorporated by this reference into the Water Service Agreement. 3. Section 4 of the Agreement is hereby modified by the addition of the following subsections: 4.1 Alteration of Territorial Boundary. Recognizing that future circumstances coupled with good engineering practice and economical operation may necessitate alterations to the Territorial Boundary as herein described, the parties hereby agree that such Territorial Boundary may be altered by mutual consent. The Territorial Boundary may be altered to transfer up to twenty (20) acres by written letter agreements signed by both the County's Director of Public Utilities and the City's Director of Utilities. For boundary alterations transferring greater than twenty (20) acres, the party desiring such alteration of Territorial Boundary shall prepare documents fully describing such alteration, which documents must be approved by the governing boards of each party as amendments to this Agreement. The documents shall provide the legal description of the proposed new Territorial Boundary to amend Composite Exhibit "A" attached hereto. 4.2 Customer Transfer. Should the Territorial Boundary be altered in accordance with Section 3.1 herein, the County shall transfer to the City, and the City shall transfer to the County, by direct transfer, all customers now or hereafter served by either which are not in their respective service areas; and all such transfer shall be made on a basis conformable to sound and economical engineering and operating practices. The City and County will cooperate to ensure smooth transfer of the customers. 4.3 Time. The transfer of customers hereunder shall take place after the execution of the letter agreement or amendment as set forth in Paragraph 3.1 of this Agreement, when the party acquiring the Customers advises the other party of his ability to provide the required service. No additional Connection Fees will be charged to the customers receiving service at the time of the letter agreement or amendment and so transferred to the City or the County. 4. Notwithstanding anything contained herein or in the Water Service Agreement to the contrary, in the event either party to the Water Service Agreement is the owner of real property located in the other party's water service territorial area, then the party/owner of such real property may obtain, at such party/owner's sole option, water service from either the City Territorial Area or the County's Territorial Area. This provision shall be personal to the parties and shall not apply to the successors or assigns of the parties hereto. 5. The County and City acknowledge the validity of the Water Service Agreement and covenant to enforce same and acknowledge that the City's Territorial Area is unaffected by annexation. 6. Except as changed, amended and modified by this Amendment, the terms and provisions of the Water Service Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the County and the City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date and year first written. COUNTY ORANGE COUNTY, FLORIDA By: County Chairman Executed on: Attest: By: County Clerk (SEAL) FOR USE AND RELIANCE OF ORANGE APPROVED BY THE ORANGE COUNTY, COUNTY, FLORIDA ONLY. APPROVED COMMISSION AT A MEETING HELD AS TO FORM ONLY. ON this day of UNDER AGENDA ITEM NO. By: Name: Its: CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: Attest: Marian Green, Acting City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON LEGALITY this day of UNDER AGENDA 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 acknowledgements, personally appeared and personally known to me to be the Chairman of the Orange County Commission and Deputy Clerk, respectively, of Orange County, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of_ Signature of Notary Name of Notary, (Typed,Printed,or Stamped) 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 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and Marian Green, personally known to me to be the Mayor and Acting City Clerk, respectively, of the City of Ocoee, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of_ Signature of Notary Name of Notary, (Typed,Printed,or Stamped) . r a lt,sus / .. .........._ J ..... moms it ... \`'.,1. ireli : :' : :., :.:. • ' 41- -1 , . ...., , , I , ... . , , Lib, , 0 . _ . . .,.. t... .. - --,, : . ... , . . .:.,,i, : „ _ ..... . 0 , O. • .: . : . ; �1 � I it"! i=,,.. . 1 �1 Mills ✓ a 7 { I�I . ... , :., IJ01:: ail a .1 ...� a . I®®11. , . . . • �� ilgr.i . . : ® /may r 4/ � ( 1I[ 1 _ o — ' .. i--.:„..;...:;•.::7---1;;t:.::: an -.i.1 --_,..( ,11....-.1:- sk- , ",rt ,:. , . : .: ,.:;-. -,j,, .:. el' - viit i ' 12' - .- . -- .11::cd. .;::::!t 0 I , 7 s 50, WEST COLON • • .._..... �. :�---/ r . . .111 „. , .. _ : op te-inalmo .. .. maasom1=0 • . ,\ "-• AvA , I • f�\': - y t 10 : EXHIBIT Ai • CITY OF ❑C❑EE I`... .. .._ • • : OCOEE WATER SERVICE` R BOUNDARY-- ��AREA LOCATED WI WITHIN THE SOLID LINE IS THE L. CITY'S TERRITORIAL AREA AS DEFINED IN •• SECTION 2,2 OF THE WATER SERVICE AGREEMENT EXHIBIT A CITY OF OCOEE WATER SERVICE AREA BOUNDARY THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 27 EAST IN ORANGE COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, BEING THE POINT OF BEGINNING, RUN SOUTH ALONG THE EAST LINE OF SECTION 12 APPROXIMATELY 900 FEET TO THE CENTERLINE OF EAST CROWN POINT ROAD; THENCE CONTINUING SOUTHERLY ALONG THE CENTERLINE OF EAST CROWN POINT ROAD THROUGH SECTIONS 12 AND 13 TO A POINT OF INTERSECTION WITH THE CENTERLINE OF STATE ROAD 438 IN SECTION 13; THENCE EAST 670.8± FEET TO THE EAST LINE OF SECTION 13; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SECTION 13, THENCE FROM THE NORTHEAST CORNER OF SECTION 24 (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 13) CONTINUE SOUTH ALONG THE EAST LINE OF SECTION 24 TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, THENCE CONTINUE SOUTH ALONG THE EAST SECTION LINE 399.74 FEET; THENCE WEST 945 FEET, THENCE SOUTH 234.15 FEET, THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 945.20 FEET; THENCE SOUTH ALONG THE EAST SECTION LINE TO THE SOUTHEAST CORNER OF SECTION 24, BEING A POINT ON THE CENTERLINE OF STATE ROAD 50, ALONG WITH: THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 28 EAST IN ORANGE COUNTY, FLORIDA: FROM THE NORTHWEST CORNER OF SECTION 30, (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 22 SOUTH, RANGE 27 EAST) EXTEND SOUTH ALONG THE WEST SECTION LINE OF SECTION 30 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, BEING A POINT ON THE CENTERLINE OF MARSHALL FARMS ROAD; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SECTIONS 30 AND 31; BEING THE CENTERLINE OF WINDERMERE ROAD, TO THE CENTERLINE INTERSECTION WITH ROBERSON ROAD WITHIN SECTION 31, THENCE FROM THE CENTERLINE INTERSECTION . OF WINDERMERE ROAD AND ROBERSON ROAD, RUN EAST ALONG THE CENTERLINE OF ROBERSON ROAD WITHIN SECTION 31 TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF MAGUIRE ROAD, SAID POINT ALSO BEING ON THE EAST LINE OF SECTION 31; THENCE RUN EASTERLY TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NORTH, ALONG THE EAST LINE OF THE WEST HALF OF SECTIONS 32 AND 29, A DISTANCE OF 5,316± FEET TO THE CENTER POINT 1 OF SECTION 29; THENCE EAST 2,167± FEET TO THE WEST LINE OF VANGUARD HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK X, PAGE 62 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH ALONG THE SAID WEST LINE 1,045± FEET TO THE SOUTH RIGHT- OF-WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN SOUTHEASTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD TO THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE, THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, THENCE EAST ALONG THE QUARTER-QUARTER SECTION LINE TO THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY, THENCE NORTHERLY ALONG THE WEST LIMITED-ACCESS LINE OF THE EAST- WEST EXPRESSWAY TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50, THENCE CONTINUE NORTH TO A POINT ON THE SOUTH LINE OF SECTION 21, THENCE EAST ALONG THE SOUTH LINE OF SECTION 21 TO THE SOUTHEAST CORNER OF SECTION 21; THENCE, SOUTH ALONG THE WEST LINE OF SECTION 27 660± FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, THENCE RUN EAST 20± FEET TO THE NORTHWEST CORNER OF LOT 5, LAKEVIEW HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK E, PAGE 40 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE EAST 640± FEET, THENCE NORTH TO THE SOUTH LINE OF SECTION 22, THENCE EAST TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 22 WITH THE CENTERLINE OF GOOD HOMES ROAD; THENCE RUN NORTH, ALONG SAID CENTERLINE OF GOOD HOMES ROAD 950± FEET; THENCE, DEPARTING SAID CENTERLINE, RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 129 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO A POINT LYING ON THE EAST LINE OF SECTION 21; THENCE RUN NORTH ALONG SAID EAST LINE OF SECTION 21 410± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL PHASE 2, AS RECORDED IN PLAT BOOK 16, PAGE 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16; SAID CORNER BEING THE SOUTHWEST CORNER OF SILVER BEND UNIT I SUBDIVISION AS RECORDED IN PLAT BOOK 30, PAGES 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF SAID SILVER BEND UNIT I SUBDIVISON TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, (SAID CORNER ALSO BEING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15), THENCE CONTINUE EAST ALONG THE QUARTER-QUARTER SECTION LINE OF SECTION 15, TO THE SOUTHEAST CORNER OF THE SOUTHWEST 2 QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, BEING A POINT ON THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AS RECORDED IN PLAT BOOK 29, PAGES 150 AND 151 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN • EAST ALONG THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO THE SOUTHEAST CORNER OF LOT 26 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE FOLLOWING THE PLAT OF TEMPLE GROVE ESTATES PHASE 1A, RUN N 00°00'46" W A DISTANCE OF 180 FEET, THENCE RUN N 89°52'22" E A DISTANCE OF 431.89 FEET TO THE WEST RIGHT-OF-WAY LINE OF GOOD HOMES ROAD, THENCE RUN N 01°12'32" W A DISTANCE OF 454.93 FEET TO THE NORTHEAST CORNER OF LOT 1 OF TEMPLE GROVE ESTATES PHASE 1A, THEN RUN S 89°49'18" W A DISTANCE OF 217.84 FEET, THENCE RUN N 01°12'32" W A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF LOT 3 OF TEMPLE GROVE ESTATES PHASE 1A, SAID POINT LYING 9.65 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE RUN WEST ALONG THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AND THE EAST LINE OF THE WEST HALF OF SECTION 15, THENCE RUN NORTH ALONG THE SAID EAST LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 3 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO A POINT, BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD AND THE SOUTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3 AS SHOWN ON THE PLAT OF SAWMILL PHASE I AS RECORDED IN PLAT BOOK 23, PAGES 32 THROUGH 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE FOLLOWING THE PLAT OF SAWMILL PHASE I, RUN S89°38'32" E A DISTANCE OF 1,263.54 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF APOPKA-VINELAND ROAD, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 603.68 FEET, THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°21'14" A DISTANCE OF 267.13 FEET TO A POINT, THENCE DEPARTING SAID CURVE AND SAID RIGHT-OF-WAY LINE, RUN N 89°40'49" W A DISTANCE OF 66.40 FEET, THENCE RUN N 00°38'29" E A DISTANCE OF 82.72 FEET, THENCE RUN N 89°45'05" W A DISTANCE OF 1,254.47 FEET TO 3 THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD, THENCE RUN NORTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT, BEING A POINT ON THE NORTH LINE OF SECTION 3, THENCE RUN WEST ALONG THE NORTH LINE OF SECTION 3 TO THE NORTHWEST CORNER OF SECTION 3, THENCE RUN SOUTH ALONG THE WEST LINE OF SECTION 3 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, THENCE FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3) RUN WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, THENCE RUN SOUTH ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SECTION 4 TO THE WEST QUARTER CORNER OF SECTION 4, BEING A POINT ON THE CENTERLINE OF OCOEE-CLARCONA ROAD; THENCE RUN NORTH ALONG THE CENTERLINE OF OCOEE-CLARCONA ROAD 200± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 TO THE CENTER POINT OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5 TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN WEST TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST) RUN WEST ALONG THE NORTH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF SAID SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST 4 QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN WEST TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5, BEING A POINT ON THE CENTERLINE OF WEST ROAD, THENCE FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 6 (BEING THE SAME POINT AS THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5) CONTINUE WESTERLY ALONG THE CENTERLINE OF WEST ROAD TO ITS INTERSECITON WITH THE CENTERLINE OF OCOEE-APOPKA ROAD, THENCE RUN SOUTHERLY 600± FEET ALONG THE CENTERLINE OF OCOEE-APOPKA ROAD TO THE CENTERLINE OF A WATERCOURSE COMMONLY KNOWN AS THE STATEN BRANCH, THENCE RUN WESTERLY ALONG THE CENTERLINE OF THE STATEN BRANCH TO THE EASTERLY SHORELINE OF LAKE APOPKA, THENCE RUN SOUTHWESTERLY ALONG THE EASTERLY SHORELINE OF LAKE APOPKA TO A POINT INTERSECTING THE WEST LINE OF SECTION 1, TOWNSHIP 22, SOUTH, RANGE 27 EAST, THENCE RUN EAST 5,278± FEET TO A POINT ON THE WEST LINE OF SAID SECTION 1, THENCE RUN SOUTH 905± FEET TO THE SOUTHEAST CORNER OF SAID SECTION 1, SAID CORNER BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AND THE POINT OF BEGINNING. 5 A � THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY &LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32802-2193 For Recording Purposes Only THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT (CONTRACT NO. S-87-8) THIS THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT (the "Amendment") is made and entered into this day of , , by and between ORANGE COUNTY, a political subdivision of the State of Florida (hereinafter "County") and the CITY OF OCOEE, FLORIDA, a municipality created under Florida law and located in Orange County, Florida (hereinafter "City"). WITNESSETH WHEREAS, the City and the County entered into that certain Orange County/City of Ocoee Sewer Service Territorial Agreement formerly known as the Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement (Contract No. S-87-8) dated June 8, 1987, by and between the County and Prima Vista Utility Company, Inc. ("PVU"), as recorded on June 10, 1987, in Official Records Book 3894, Page 1363, Public Records of Orange County, Florida, as assigned by PVU to the City by Assignment of Sewer Service Territorial Agreement dated November 30, 1987, by and between PVU and the City, (collectively, the "Sewer Service Agreement"); and WHEREAS, The City and the County also entered into that certain First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement dated February 11, 1994, by and between the County and the City, as recorded on February 23, 1994 in Official Records Book 4702, Page 2589, Public Records of Orange County, Florida; and WHEREAS, the City and the County also entered into that certain Second Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement dated February 2, 1999, by and between the County and the City, as recorded on December 7, 1999 in Official Records Book 5896, Page 3531, Public Records of Orange County, Florida; and WHEREAS, the City and the County desire to modify and alter the Utility's Potential Contract Territory, as that term is defined in the Sewer Service Agreement, in accordance with the provisions set forth herein; and WHEREAS, Section 4 of the Sewer Service Agreement provides that the City and the County may increase or decrease the Utility's Potential Contract Territory by written consent of both parties and upon any necessary approvals, certificates, or amendments thereto that may be required by any governmental agency or body having jurisdiction thereof under applicable law; and WHEREAS, the City and the County recognize that this procedure is unnecessarily cumbersome when small Territorial Boundary changes are required; and WHEREAS, this Amendment fulfills the requirements set forth in Section 4 of the Sewer Service Agreement and has been approved by the governing boards of each party. NOW, THEREFORE, in consideration of the mutual premises contained herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the County hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. 2. The Exhibit "A" attached to the Sewer Service Agreement is hereby deleted in its entirety, and the Utility's Potential Contract Territory shall be amended to lay within the boundaries described in the new Exhibit "A" attached hereto and incorporated by this reference into the Sewer Service Agreement. 3. Section 4 of the Sewer Service Agreement is hereby modified by the addition of the following subsections: 4.1 Alteration of Territorial Boundary. Recognizing that future circumstances coupled with good engineering practice and economical operation may necessitate alterations to the Territorial Boundary as herein described, the parties hereby agree that such Territorial Boundary may be altered by mutual consent. The Territorial Boundary may be altered to transfer up to twenty (20) acres by written letter agreements signed by both the County's Director of Public Utilities and the City's Director of Utilities. For boundary alterations transferring greater than twenty (20) acres, the party desiring such alteration of Territorial Boundary shall prepare documents fully describing such alteration, which documents must be approved by the governing boards of each party as amendments to this Agreement. The documents shall provide the legal description of the proposed new Territorial Boundary to amend Composite Exhibit "A" attached hereto. 4.2 Customer Transfer. Should the Territorial Boundary be altered in accordance with Section 3.1 herein, the County shall transfer to the City, and the City shall transfer to the County, by direct transfer, all customers now or hereafter served by either which are not in their respective service areas; and all such transfer shall be made on a basis conformable to sound and economical engineering and operating practices. The City and County will cooperate to ensure smooth transfer of the customers. 4.3 Time. The transfer of customers hereunder shall take place after the execution of the letter agreement or amendment as set forth in Paragraph 3.1 of this Agreement, when the party acquiring the customers advises the other party of his ability to provide the required service. No additional Connection Fees will be charged to the customers receiving service at the time of the letter agreement or amendment and so transferred to the City or the County. 4. Notwithstanding anything contained herein or in the Sewer Service Agreement to the contrary, in the event either party to the Sewer Service Agreement is the owner of real property located in the other party's sewer service territorial areas, then the party/owner of such real property may obtain, at such party/owner's sole option, sewer service from either the City's Territorial Area or the County's Territorial Area. This provision shall be personal to the parties and shall not apply to the successors and assigns of the parties hereto. 5. The County and City acknowledge the validity of the Sewer Service Agreement and covenant to enforce same and acknowledge that the Utility's Potential Contract Territory is unaffected by annexation. 6. Except as changed, amended and modified by this Agreement, the terms and provisions of the Sewer Service Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the County and the City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date and year first written. COUNTY ORANGE COUNTY, FLORIDA By: County Chairman Executed on: Attest: By: County Clerk (SEAL) FOR USE AND RELIANCE OF ORANGE APPROVED BY THE ORANGE COUNTY, COUNTY, FLORIDA ONLY. APPROVED COMMISSION AT A MEETING HELD AS TO FORM ONLY. ON this day of UNDER AGENDA ITEM NO. By: Name: Its: CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: Attest: Marian Green, Acting City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON LEGALITY this day of UNDER AGENDA 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 acknowledgements, personally appeared and— personally known to me to be the Chairman of the Orange County Commission and Deputy Clerk, respectively, of Orange County, Florida, and that they _ _ _. severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of_ Signature of Notary Name of Notary, (Typed,Printed,or Stamped) 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 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and Marian Green, personally known to me to be the Mayor and Acting City Clerk, respectively, of the City of Ocoee, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of_ Signature of Notary Name of Notary, (Typed,Printed,or Stamped) THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT EXHIBIT "A" CITY OF OCOEE UTILITY'S POTENTIAL (SEWER) CONTRACT TERRITORY THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 27 EAST IN ORANGE COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, BEING THE POINT OF BEGINNING; RUN SOUTH ALONG THE EAST LINE OF SECTION 12 APPROXIMATELY 900 FEET TO THE CENTERLINE OF EAST CROWN POINT ROAD; THENCE CONTINUING SOUTHERLY ALONG THE CENTERLINE OF EAST CROWN POINT ROAD THROUGH SECTIONS 12 AND 13 TO A POINT OF INTERSECTION WITH THE CENTERLINE OF STATE ROAD 438 IN SECTION 13;THENCE EAST 670.8± FEET TO THE EAST LINE OF SECTION 13; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SECTION 13, THENCE FROM THE NORTHEAST CORNER OF SECTION 24 (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 13) CONTINUE SOUTH ALONG THE EAST LINE OF SECTION 24. TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, THENCE CONTINUE SOUTH ALONG THE EAST SECTION LINE 399.74 FEET; THENCE WEST 945 FEET, THENCE SOUTH 234.15 FEET, THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 945.20 FEET; THENCE SOUTH ALONG THE EAST SECTION LINE TO THE SOUTHEAST CORNER OF SECTION 24, BEING A POINT ON THE CENTERLINE OF STATE ROAD 50, ALONG WITH: THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 28 EAST IN ORANGE COUNTY, FLORIDA: FROM THE NORTHWEST CORNER OF SECTION 30, (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 22 SOUTH, RANGE 27 EAST) EXTEND SOUTH ALONG THE WEST SECTION LINE OF SECTION 30 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, BEING A POINT ON THE CENTERLINE OF MARSHALL FARMS ROAD; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SECTIONS 30 AND 31; BEING THE CENTERLINE OF WINDERMERE ROAD, TO THE CENTERLINE INTERSECTION WITH ROBERSON ROAD WITHIN SECTION 31, THENCE FROM THE CENTERLINE INTERSECTION OF WINDERMERE ROAD AND ROBERSON ROAD, RUN EAST ALONG THE CENTERLINE OF ROBERSON ROAD WITHIN SECTION 31 TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF MAGUIRE ROAD, SAID POINT ALSO BEING ON THE EAST LINE OF SECTION 31; THENCE RUN EASTERLY 1 TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NORTH, ALONG THE EAST LINE OF THE WEST HALF OF SECTIONS 32 AND 29, A DISTANCE OF 5,316± FEET TO CENTER POINT OF SECTION 29; THENCE EAST 2,167± FEET TO THE WEST LINE OF VANGUARD HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK X, PAGE 62 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH ALONG THE SAID WEST LINE 1,045± FEET TO THE SOUTH RIGHT- OF-WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN SOUTHEASTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD TO THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE, THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, THENCE EAST ALONG THE QUARTER-QUARTER SECTION LINE TO THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY, THENCE NORTHERLY ALONG THE WEST LIMITED-ACCESS LINE OF THE EAST- WEST EXPRESSWAY TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50, THENCE EASTERLY ALONG SAID RIGHT-OF-WAY TO THE INTERSECTION POINT BETWEEN THE EAST RIGHT-OF-WAY OF CITRUS OAKS AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 50; THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY OF CITRUS OAKS AVENUE TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE ALONG SAID CURVE HAVING A RADIUS OF 345.00 FEET, A CENTRAL ANGLE OF 49°50'44", AN ARC DISTANCE OF 300.14 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 503.53 FEET, A CENTRAL ANGLE OF 20°02'25", AN ARC DISTANCE OF 176.12 FEET; THENCE S 89°26'46" E, A DISTANCE OF 21.16 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE; THENCE N 00°18'54" E A DISTANCE OF 268.92 FEET; THENCE LEAVING SAID WEST RIGHT-OF- WAY, S 89°32'56" E TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 96.15 FEET, A CENTRAL ANGLE OF 76°32'53", AN ARC DISTANCE OF 128.21 FEET; THENCE S 89°48'43" E A DISTANCE OF 179.16 FEET; THENCE N 00°18'54" E A DISTANCE OF 18.00 FEET; THENCE N 63°05'14" E A DISTANCE OF 200.00 FEET; THENCE N 62°48'55" E A DISTANCE OF 126.45 FEET; THENCE N 71°09'57" E A DISTANCE OF 101.04 FEET; THENCE N 72°29'39" E A DISTANCE OF 161.43 FEET; THENCE S 86°56'51" E A DISTANCE OF 130.64 FEET; THENCE S 37°45'43" E A DISTANCE OF 120.30 FEET; THENCE N 20°24'53" E A DISTANCE OF 179.89 FEET; TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50; THENCE CONTINUE NORTH TO A POINT ON THE SOUTH LINE OF SECTION 21, THENCE EAST ALONG THE SOUTH LINE OF SECTION 21 TO THE SOUTHEAST CORNER OF SECTION 21; THENCE, SOUTH ALONG THE WEST LINE OF SECTION 27, 600± FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, THENCE RUN EAST 20± FEET TO THE NORTHWEST CORNER OF LOT 5, LAKEVIEW HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK E, PAGE 2 40 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE EAST 640± FEET, THENCE NORTH TO THE SOUTH LINE OF SECTION 22, THENCE EAST TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 22 WITH THE CENTERLINE OF GOOD HOMES ROAD; THENCE RUN NORTH, ALONG SAID CENTERLINE OF GOOD HOMES ROAD 950± FEET; THENCE, DEPARTING SAID CENTERLINE, RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 129 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO A POINT LYING ON THE EAST LINE OF SECTION 21; THENCE RUN NORTH ALONG SAID EAST LINE OF SECTION 21 410± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSEHILL PHASE 2, AS RECORDED IN PLAT BOOK 16, PAGE 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16; SAID CORNER BEING THE SOUTHWEST CORNER OF SILVER BEND UNIT I SUBDIVISION AS RECORDED IN PLAT BOOK 30, PAGES 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF SAID SILVER BEND UNIT I SUBDIVISION TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, (SAID CORNER ALSO BEING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15), THENCE CONTINUE EAST ALONG THE QUARTER-QUARTER SECTION LINE OF SECTION 15, TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, BEING 'A POINT ON THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE lA AS RECORDED IN PLAT BOOK 29, PAGES 150 AND 151 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO THE SOUTHEAST CORNER OF LOT 26 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE FOLLOWING THE PLAT OF TEMPLE GROVE ESTATES PHASE 1A, RUN N 00°00'46" W A DISTANCE OF 180 FEET; THENCE RUN N 89°52'22" E A DISTANCE OF 431.89 FEET TO THE WEST RIGHT-OF-WAY LINE OF GOOD HOMES ROAD, THENCE RUN N 01°12'32" W A DISTANCE OF 454.93 FEET TO THE NORTHEAST CORNER OF LOT 1 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE RUN S 89°49'18" W A DISTANCE OF 217.84 FEET, THENCE RUN N 01°12'32" W A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF LOT 3 OF TEMPLE GROVE ESTATES PHASE 1A, SAID POINT LYING 9.65 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE RUN WEST ALONG THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE IA TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AND THE EAST LINE OF THE 3 WEST HALF OF SECTION 15, THENCE RUN NORTH ALONG THE SAID EAST LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 3 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO A POINT, BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD AND THE SOUTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3 AS SHOWN ON THE PLAT OF SAWMILL PHASE 1 AS RECORDED IN PLAT BOOK 23, PAGES 32 THROUGH 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE FOLLOWING THE PLAT OF SAWMILL PHASE I, RUN S 89°38'32" E A DISTANCE OF 1,263.54 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF APOPKA-VINELAND ROAD, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 603.68 FEET, THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°21'14" A DISTANCE OF 267.13 FEET TO A POINT, THENCE DEPARTING SAID CURVE AND SAID RIGHT-OF-WAY LINE, RUN N 89°40'49" W A DISTANCE OF 66.40 FEET, THENCE RUN N 00°38'29" E A DISTANCE OF 82.72 FEET, THENCE RUN N 89°45'05" W A DISTANCE OF 1,254.47 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD, THENCE RUN NORTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT, BEING A POINT ON THE NORTH LINE OF SECTION 3, THENCE RUN WEST ALONG THE NORTH LINE OF SECTION 3 TO THE NORTHWEST CORNER OF SECTION 3, THENCE RUN SOUTH ALONG THE WEST LINE OF SECTION 3 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, THENCE FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3) RUN WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, THENCE RUN SOUTH ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SECTION 4 TO THE WEST QUARTER CORNER OF SECTION 4, BEING A POINT ON THE CENTERLINE OF OCOEE-CLARCONA ROAD; THENCE RUN NORTH ALONG THE CENTERLINE OF OCOEE-CLARCONA ROAD 200± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, 4 n THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 TO THE CENTER POINT OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5 TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN WEST TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE • SOUTHEAST QUARTER OF SAID SECTION 32, THENCE FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST) RUN WEST ALONG THE NORTH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF SAID SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN WEST TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5, BEING A POINT ON THE CENTERLINE OF WEST ROAD, THENCE FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 6 (BEING THE SAME POINT AS THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5) CONTINUE WESTERLY ALONG THE CENTERLINE OF WEST ROAD TO ITS INTERSECTION WITH THE CENTERLINE OF OCOEE-APOPKA ROAD, THENCE RUN SOUTHERLY 600± FEET ALONG THE CENTERLINE OF OCOEE-APOPKA ROAD TO THE CENTERLINE OF A WATERCOURSE COMMONLY KNOWN AS THE STATEN BRANCH, THENCE RUN WESTERLY ALONG THE CENTERLINE OF THE STATEN BRANCH TO THE EASTERLY SHORELINE OF LAKE APOPKA, THENCE RUN SOUTHWESTERLY ALONG THE EASTERLY SHORELINE OF LAKE APOPKA TO A POINT INTERSECTING THE WEST LINE OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27 EAST, THENCE RUN EAST 5,278± FEET TO A POINT ON THE WEST LINE OF SAID SECTION 1, THENCE RUN SOUTH 905± FEET TO THE SOUTHEAST CORNER OF SAID SECTION 1, SAID CORNER BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AND THE POINT OF BEGINNING. 5