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HomeMy WebLinkAboutVI (A2) Tomyn Road Right-of-Way and Development Agrerement Agenda 2-16-99 Item VI A 2 FOWLER, BARICE, FEENEY & O'QUINN, P.A. PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW JAMES A.FOWLER EMPIRE BUILDING TELEPHONE:(407)425-2684 CAROLE JOY BARICE,P.A.' 28 W.CENTRAL BLVD. TELEFAX:(407)425-2690 THOMAS C.FEENEY,III,P.A. ORLANDO,FLORIDA E-MAIL FBFOLAW®aoLwm MICHAEL A.U.O'OUINN,RAJ' 32801 MARY L.SNEED ♦( 'Board Certified City.County 8 Local Government Law fro '�=._, •lam t- -Also licensed in Georgia F'4 `YI 11 7 tr9 CITY Of ®CaFF Memorandum To: The Honorable Mayor and City Commissioners of the City of Ocoee From: James A. Fowler, City Attorney Subject: Development Agreement with Centex Homes and Heller Bros. Groves Date: February 9, 1999 The City has had extensive and detailed negotiations with Heller Bros. Groves and Centex Homes, regarding the development of a portion of the Heller Brothers Property by Centex Homes, and the relocation and renaming of old Tomyn Road. The Agreement provides for the dedication of additional right-of-way for the relocated Tomyn Road and for the construction of two lanes of a four lane segment as well as the provision of a north/south roadway to provide continued access to properties formerly serviced by old Tomyn Road. The result of these negotiations is contained in the proposed Development Agreement between the City, Centex Homes and Heller Bros. Groves. The property lies south of the existing Tomyn Road and west of Maguire, and is more particularly described and depicted on Exhibits A, B, and C to the Agreement. The highlights of the proposed Development Agreement are as follows: (1) The existing Developer's Agreement between the City and Heller Bros. Groves is superseded by this Agreement. That Agreement provided for certain two lane improvements to old Tomyn Road. Under the new Agreement, the City will receive fee simple title to 100' wide right-of-way for the realigned Tomyn Road to be renamed Heller Bros. Boulevard running west from Maguire Road to a connection with existing Tomyn Road. Heller will receive impact fee credits for the fair market value of the conveyance. Fair market value shall be determined by an MAI appraisal. Additionally, Centex will be deeding fee simple title to the City of 20' of right-of-way along the southern boundary of the existing Tomyn Road, west of the curve created by the new Tomyn Road (Heller Bros. Blvd.). No impact fee credits or other payment will be paid to Centex. Memorandum February 9, 1999 Page 2 (2) Centex will design, engineer and permit, and will construct to a 35 mph design speed a four lane roadway west from Maguire Blvd., a distance of not less than 300', thereafter Centex will continue two lanes of the four lane section until it transitions into existing Tomyn Road. Centex is to construct the outside two lanes of the four lane section. All plans and specifications prepared by Centex to be subject to City approval. No further obligations for roadway construction for the realigned Tomyn Road (Heller Bros. Blvd.) shall be required of either Centex or Heller Brothers beyond the payment of standard City road impact fees for their respective development. Centex shall receive impact fee credits for 1/2 of the cost of the design, engineering and construction of the new roadway. (3) Such impact fee credits as Heller may possess may be utilized by Heller on such properties as they presently own within the City, and are not restricted to the property immediately adjacent to the roadway, as are Centex's credits which may only be utilized on the property that they have acquired from Heller Brothers. (4) As a result of the improvements to Maguire Blvd., existing Tomyn Road will need to be realigned as is provided in the Agreement. As a consequence of that realignment, continued access needed to be provided to properties located north of the Heller Brothers property and north of the existing Tomyn Road. To provide that access, a future roadway will be constructed by the City extending northward from the realigned Tomyn Road (Heller Bros. Blvd.), to the existing Tomyn Road. The construction will be at the expense of the City, and certain construction details are addressed in the agreement. Heller Brothers will donate the 80' right-of-way for the new north-south roadway without cost or expense to the City, and Heller Bros. will receive no impact fee credits for such donation. (5) To the extent any of the existing Tomyn Road right-of-way is abandoned and reverts to Heller Brothers in a timely fashion so as to permit its use by Heller Brothers, the value of such roadway shall be deducted from the impact fee credits which Heller Brothers would be entitled to receive as a result of dedications of right-of-way for the realigned Tomyn Road (Heller Bros. Blvd.). Memorandum February 9, 1999 Page 3 (6) Traffic signalization at Maguire Road and realigned Tomyn Road (Heller Bros. Blvd.), will be at the expense of the City as part of the Maguire Road project, however, any upgrading or changes in the signalization related to the development of remaining Heller property shall be at Heller's expense. Any turn lanes required from Maguire Road into the Centex property are to be at City expense, and to be provided in conjunction with the improvements to Maguire Road. Conversely, any acceleration or decelerations from Maguire Road or from re-aligned Tomyn Road required to serve either the Centex or Heller developments will be at the sole cost and expense of Centex or Heller as appropriate. (7) Centex has agreed to oversize certain utility lines if requested by the City, at City expense. (8) Lastly, in addition to the standard boiler-plate language paragraphs 15-30, all parties agree to work in good faith to facilitate development of the properties. D:UAF\OCOEENEMORAND\C ITY.COM TOMYN ROAD RIGHT-OF-WAY AND DEVELOPMENT AGREEMENT THIS RIGHT-OF-WAY AND DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 1999, by and between CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "Centex"), and HELLER BROS. GROVES, a Florida General Partnership (hereinafter referred to as "Heller"), and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Heller Owns fee simple title to certain lands located in Orange County, Florida and within the corporate limits of the City, which lands are located west of Maguire Road, south of existing Tomyn Road, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, The City and Heller entered into that certain Developer's Agreement entitled Heller Brothers Developer's Agreement for Property West of Maguire Road, dated February 10, 1987, and recorded at OR Book 3868, Page 1328 in the Public Records of Orange County, Florida (hereinafter referred to as "Existing Developer's Agreement"); and WHEREAS, Centex has purchased a portion of the Property and contemplates the development of same and the parties hereto wish to identify and clearly set forth the obligations and responsibilities of Centex and Heller relating to Tomyn Road and its relocation; and WHEREAS, Heller, Centex and the City desire to revise in total the Existing Developer's Agreement as same relates to obligations for the improvement of Tomyn Road and related matters. 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 are incorporated herein by reference. Section 2. Termination of Existing Developer's Agreement. The Existing Developer's Agreement is hereby revised in its entirety and superseded by this Agreement and the Existing Developer's Agreement as recorded in OR Book 3868, Page 1328, Public Records of Orange County, Florida, is terminated. Section 3. Right-of-way (Heller). A.) Heller hereby agrees to convey, subject to easements, restrictions and other matters of record, to the City by warranty deed, fee simple title to a 100' wide right- of-way for the realigned Tomyn Road, to be renamed "Heller Bros. Blvd.", running from Maguire Road west to the curve joining with the existing Tomyn Road. In consideration for said conveyance, Heller shall be entitled to road impact fee credits equal to the fair market value of the 100' of right-of-way conveyance. The legal description of the land to be conveyed shall be pursuant to plans and specifications for said roadway prepared by Donald W. McIntosh Associates, Inc. and approved by the City as part of the final subdivision plan for the portion of the Property being developed by Centex and shall be substantially in accordance with the conceptual alignment as shown on Exhibit "B" attached hereto. B.) The fair market value of the 100' right-of-way conveyed shall be as established by an MAI appraiser agreed to by Heller and the City. In determining the value of the land to be conveyed, the appraiser shall appraise the northern 50' as if same were commercially zoned (C-3) and the southern 50' as residentially zoned (R-1A). Upon determination of the legal description of the right-of-way to be conveyed and delivered to the City, Heller shall promptly execute all necessary documents and the City shall pay such costs and prorations as are necessary to effectuate the transfer and the City shall grant the agreed upon road impact fee credits to Heller contemporaneous with the conveyance of said right-of-way. Section 4. Rght-of-Way (Centex). Centex hereby agrees to convey, subject to easements, restrictions and other matters of record, to the City by warranty deed, fee simple title to 20' of right-of-way along the southern boundary of the Existing Tomyn Road west of the curve where the realigned roadway joins with the existing roadway. Said dedications having been previously agreed to by Centex's predecessor in title, no additional consideration shall be due for said dedication. Specifically, Centex acknowledges that it is not entitled to road impact fee credits or other payment for the aforesaid conveyance. The legal description of the land to be conveyed shall be pursuant to plans and specifications prepared by Donald W. McIntosh Associates, Inc. and approved by the City as part of the final subdivision plan for the portion of the Property being developed by Centex. Upon determination of the legal description of the right-of-way to be conveyed and delivered to the City, and final City approval of the final subdivision plat, Centex shall promptly execute all necessary documents and pay such costs and prorations as are necessary to effectuate the transfer. Section 5. Roadway Construction. Centex will design, engineer, permit and construct, to a 35 mph design speed, a four-lane divided roadway (Heller Bros. Blvd.) to 2 City standards, west from Maguire Road for a distance of not less than 300'. Centex will continue two (2) lanes of the four-lane section of said curve of the realigned roadway with appropriate transition at the western end into the existing two-lane roadway as approved by the City. The two-lane roadway designed, engineered, permitted and constructed by Centex shall be the outside two lanes of a four-lane section. All construction shall be pursuant to plans and specifications prepared by Donald W. McIntosh Associates, Inc. and approved by the City as part of the final subdivision plan for the portion of the Property being developed by Centex. Retention for the proposed roadway shall be located totally within the portion of the Property being developed by Centex. In consideration of Heller's donations of rights-of-way and other consideration set out herein, Heller and its successors and assigns shall have no obligation under any circumstances to pay any costs of design, engineering, permitting or construction of the two inside lanes of the four-lane section or any other costs associated with Heller Bros. Blvd. beyond the payment of standard City road impact fees for development. Section 6. Construction Road Impact Fee Credits. In consideration of the roadway construction by Centex as provided in Section 5 above, Centex shall be entitled to road impact fee credits equal to one-half (1/2) of the cost of design, engineering, permitting and construction, exclusive of turn lanes, acceleration or deceleration lanes, the cost of construction of which shall be the sole responsibility of Centex. Section 7. Road Impact Fee Credit Use. The road impact fee credits held by Heller may be utilized by Heller or its assigns in conjunction with the development of any property Heller presently owns within the City and also with the development of any of the Property now owned by Centex. Centex's road impact fee credits may only be utilized by Centex in their development of the portion of the Property acquired or to be acquired by Centex from Heller. Section 8. Future Roadway (North Road). A.) A new road (North Road) shall be constructed at City expense extending northward from the re-aligned Tomyn Road (Heller Bros. Blvd.) to the existing Tomyn Road north of the Property. This roadway shall be aligned with the first entrance into the Centex property on the south and shall have a right-of-way width of 80', generally as shown on Exhibit "B." Within twelve (12) months North Road shall be designed, engineered and permitted by Donald W. McIntosh Associates, Inc., which design shall be subject to Heller approval which approval shall not be unreasonably withheld. The design shall commence upon direction of the City and shall be at the City's expense. North Road shall be dedicated and maintained as a City road built to City specifications. The road shall be contiguous and adjacent to the east edge of the future retention pond planned for the C-3 portion of the Property as shown on Exhibit "B." 3 B.) North Road shall be designed as a four-lane divided with irrigated median strip for planting of landscaping on an 80' right-of-way to a depth of 200'-300' north of Heller Bros. Blvd., and a two-lane minimum City standard thereafter until it reaches the old Tomyn Road right-of-way north. At such time as the future North Road is required, the City shall undertake such construction at its expense. Final alignment of the right-of-way consistent with Exhibit"B" shall be worked out between the engineers for the City and engineers for Heller. The roadway shall be designed to provide access to the land north of the Heller parcel so as to allow a vacation of a portion of the existing Tomyn Road right-of-way. If the City has not built the road by such time as needed for the Heller C-3 development, Heller shall have the right to build as much of the road as needed by Heller or all of the road if directed by the City based on City design, engineering and permits and the City shall fully reimburse in cash within six (6) months of completion Heller's costs (based on best and lowest bid). Heller, at no cost to the City, shall provide a drainage easement for all drainage and retention necessary for North Road, as shown on Exhibit "B." C.) At the time the North Road is built, adequately-sized drainage pipes shall be placed at Heller's expense under the road to carry drainage for Heller's C-3 development on the east to the retention pond on the west (size and location to be determined by Heller engineer). D.) In consideration for the City's payment for the design, engineering and permitting of North Road and payment for the construction of the North Road, Heller shall donate the 80' right-of-way per the McIntosh design without cost to the City and with no road impact fee credits. E.) 1) The fair market value of any land east of the new North Road reverting to Heller as a result of the vacation of the existing Tomyn Road right-of-way shall be deducted from the road impact fee credits held by Heller, provided there shall be, at Heller's option, no deduction for land reversion that takes place after the sale by Heller of its adjacent land or after the approval of a preliminary subdivision plan of the land adjacent to the reverting land. 2) The fair market value of the vacated Tomyn Road west of North Road, and the fair market value of the vacated Tomyn Road east of North Road (if vacated subsequent to a sale by Heller of its adjacent land or the approval of a preliminary subdivision plan for the adjacent land) shall be a deduct from road impact fee credits held by Heller, if and only if, Heller at its option incorporates same into its drainage pond or otherwise utilizes same in the development of the Property. Heller agrees to quitclaim any vacated land not utilized or timely vacated (El above) to the City. 4 Section 9. Traffic Lights. Traffic signalization as may be required or installed on Maguire Road shall be at the cost and expense of the City or such other parties as may be appropriate. It is specifically agreed and acknowledged that Centex, Heller and the successors in interest to the Heller commercial property shall have no responsibility for the initial cost of installation of traffic lights. Heller shall pay the costs of any necessary upgrading or changes in such signalization if related to development of the Heller C-3 commercial portion of the Property located north of Heller Bros. Blvd. and if required by general City ordinances and regulations and as shown to be justified by the traffic study provided in accordance with Section 10 below. Section 10. Traffic Study. Heller has previously provided a traffic study in connection with the Property. Heller shall provide a further traffic study for its commercial portion of the Property north of Heller Bros. Blvd. if necessary and if such a study can be required by the City in accbrdance with general ordinances and regulations of the City. Section 11. Turn Lanes. Any turn lanes required from Maguire Road into the Centex portion of the Property or the realigned Tomyn Road shall be provided by the City at no cost or expense to Centex or Heller. Such turn lanes as may be required shall be installed at the time of the reconstruction of Maguire Road, and all such work shall be accomplished by the City at its expense when Maguire Road is rebuilt. Should acceleration or deceleration lanes from Maguire Road into and out of either the Centex development or onto the re-aligned Tomyn Road be required to serve the Centex or Heller developments, such shall be provided at the sole cost and expense, construction and right- of-way, of Centex or Heller as applicable. Heller or Centex shall be responsible and pay all costs of turn lanes or acceleration and deceleration lanes on the realigned Tomyn Road into their particular developments. Section 12. Utility Lines. Centex, as part of the required infrastructure for its contemplated development, is to install a twelve-inch (12") waterline in the right-of-way of realigned Tomyn Road from Maguire Road west to the Centex and Heller entry on Heller Bros. Blvd. for said road being installed by Centex pursuant to Section 5 hereof. Centex agrees to provide the City with an engineer's estimate of the cost of oversizing and if authorized by the City, to oversize said line to sixteen inches (16") from Maguire Road to the end of the paving as aforesaid, the additional costs associated with this oversizing shall be borne by the City which shall promptly reimburse Centex upon acceptance of the 16" line and receipt of proof of additional costs. Heller or its successors shall not be required to contribute to the cost of oversizing said waterline. Section 13. Good Faith Efforts. All parties agree to work in good faith to facilitate the development of the properties and to draft and agree to such development agreements as may be required under the City's Land Development Code for the completion of the anticipated Centex project and such development as may be located on the remaining Heller commercial property. 5 Section 14. Land Valuation. In determining the valuation of any land to be compensated by the City, it is agreed that the City will retain and pay for an MAI appraiser to value the properties in accordance herewith. The appraiser will be instructed by the City, in writing with a copy to Heller and Centex, that his or her work is in furtherance of an agreement between the parties and that all efforts shall be made to ensure that the appraisal is fair and reasonable to all parties without regard to the fact that the appraiser is employed and compensated by the City. Heller will promptly be provided with a copy of all reports prepared by the appraiser and all correspondence between the appraiser and the City and its consultants which relate to the Property or any portion thereof. Section 15. Hold Harmless. Centex agrees to hold harmless the City and Heller from and against any claims related to the construction of the roadway improvements as described in Section 5 hereof, including, but not limited to, attorneys fees, costs and damages incurred as a result of any such claim, that may arise as a result of Centex's negligent or willful violation of said governmental regulations; provided, however, Centex's attorney shall, as a minimum, serve as co-counsel to the City in its legal representation in the event any such claim may arise. This provision shall only apply to actions filed within two (2)years from the completion of construction of the improvement for which a claim may arise or any claim not otherwise barred by an applicable statute of limitations; and shall not apply to claims arising as a result of the City's maintenance of or failure to maintain any facilities within the Property. Section 16. Ordinances and Regulations. Provided Centex or Heller, as applicable, is continuously engaged in development pursuant to approved and unexpired final subdivision plans for development of the Property, the City shall not impose additional conditions or obligations on the development of the Property inconsistent with land development regulations in effect at the time of approval of the final subdivision plans, with the exception of requirements imposed by applicable county, state or federal agencies or life safety requirements. Section 17. Satisfaction. Upon satisfaction of the conditions set forth herein, the City shall, upon request by Heller or Centex, or their successors, execute a document in recordable form acknowledging the completion and/or satisfaction of the conditions contained herein. Recording of such a document in the Public Records of Orange County shall serve to cancel and terminate of record this Agreement, which shall thereafter be of no further force or effect; provided, however, the provisions of Paragraph 15 hereof shall survive for the period set forth in Paragraph 15. Section 16. 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 (i) hand delivered to the person hereinafter designated, or (ii) 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 mailing address set forth below, or such other 6 address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: City Centex Heller City of Ocoee Centex Homes, Inc. Heller Bros. Groves 150 N. Lakeshore Dr. 151 S. Hall Lane, Suite 230 P.O. Box 770249 Ocoee, FL 34761 Maitland, FL 32751 Winter Garden, FL 34777 Attn: City Manager Attn: Pat Knight Attn: T. Glenn Jackson, Jr. Section 19. Covenant Running with the Land. This Agreement shall run with the Property and be binding upon and inure to and be for the benefit 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 Property or any portion thereof. Section 20. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at Heller's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of Heller or Centex, execute and deliver letters affirming the status of this Agreement. Section 21. 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 22. 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 23. Agreement: Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 24. Further Documentation. The parties agree that at any time following a request therefor by any 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 any party hereunder. Section 25. Specific Performance. The City, Heller and Centex shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 7 Section 26. Attorneys' Fees. In the event that the City finds it necessary to commence an action against either of the other parties to enforce any provision of this Agreement or because of a breach by either of the other parties of any terms hereof, the City shall be entitled to recover from either of the other parties 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 27. 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 28. Captions. Captions of 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 29. 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 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof, so long as the purpose and intent of this Agreement can still be achieved. Section 30. Effective Date. The Effective Date of this Agreement shall be the date that this Agreement is last executed by a party hereto. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers as of the day, month and year first above written. HELLER BROS. GROVES, Signed and sealed in the presence of: a Florida General Partnership By: HELLS ROS. PACKING CORP., a Flo corporatio Managing G al Partner 1� By: Harvey I e , President Date: dS- 99 8 STATE• OF FLO� COUNTY OF The foregoing instrument was acknowledged before me this c ? 7` %55 day of �[ ... . 1999 by Harvey R. Heller, as President of HELLER BROS. PACKING CORP., Florid f 'oration, Managing General Partner of HELLER BROS. GROVES, a Florida general •artnership, having authority to execute this Agreement,who is4ersonally knowwj) (—to me)OR who has produced his/her State of Florida Driver's License, No.: as identification and who did (did not) take an oan th. .Qy"n'lk... KATHRYN E.DAVIS /)/ F 45?a � S SEAL: _ MY COMMISSION/CC➢49334 Printed ±i'. ,�`[ EXPIRES:June 27,2002 ‘86s.$ BmGdm&401ry Pat UnMnman CENTEX HOMES, a Nevada Signed and sealed in the presence of: general partnership By: CENTEX REAL ESTATE CORPORATION, a Nevada corporation, Managing General 4Cj)J Partner By: Thoc N Pight, Division President Date: ., � 2 S 1949 STATE OF FLORIDA COUNTY OF 6 f`0, e The foregoing instrument was acknowledged before me this o2S day of , 1999 by Pat Knight, as Division President of CENTEX REAL ESTATE CORPORATION, a Nevada corporation, Managing General Partner of CENTEX HOMES, a Nevada general partnership, having authority to execute this Agreement, who is personally known to me OR who has produced his/her State of Florida Driver's License, as identification and who did (did it ) take an oath. MY comsat*.cc 674683 S ` DOVES August , Printed Name mmedDm PuriPMgc umnnw- 9 ATTEST: CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Date: Approved as to form and legality for use and reliance by the City of Ocoee, Florida. City Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999 by S. Scott Vandergrift and Jean Grafton, Mayor and City Clerk respectively, of the City of Ocoee, Florida, and who are personally known to me and each of whom did take an oath. SEAL: Printed Name 10 • RESIDENTIAL PROPERTY That part of the Southeast 1/4 and the Southwest 1/4 of Section 30, Township 22 South,Range 29 East, Orange County, Florida described as follows: • Commence at the Northeast corner of said Southeast 1/4; thence nun S 00°14'12" E along the East line of said Southeast 1/4 and thy centerline of Maguire Road for a distance of 30.00 feet; thence run S.89°18154" W parallel with the North lthc of said Southeast 1/4 for a distance of 50,170 feet to the ' intersection of thel West Right-of-Way line of said Maguire Road and the South Right-of-Way line of Tomyn Road; thence rim S DO°44'12" E along said West Rlghhof-Way line for a distance of 900,01 feet to the POINT OF BEGINNING; thence nm S 89°15'48" W for a distance of 540.00 feet to the point of curvatutc'of a curve concave Northeasterly haying a radius of 800.00 feet; thence run Northwesterly along the arc of said curve through a central angle of 4g°001)0" for a distance of 670.21 feet to the point of tangency; thence run N 42°44'12" W for a distance of 466.16 feet to the point of curvature of a curve concave Southwesterly'having a radius of 650.00 feet; thence run Northv4csterly along the arc of said curve through a central angle of 25°56'29" for a'distance of 294.30 fret to the point of tangency; thence run N 68°40'41" W fora distance pf 328.04 feet to the South Right-of-Way line of Tomyn Road; thence run S 89°18'54" W along said South Right-of-Way line, said South :Right-of-Way line being 30.00 feet South of and parallel with the North line of said Southeast I/4 and the North line pf said Southwest 1/4 far a distance of 1243.24 feet to the proposed Easterly Right}of-Way line for Marshall Farms Road realignment described in Parcel 61.103%, Western Beltway projecl No. V100037.01, prepared by Greiner, dated November, 1996; thence run S 00°40142" E along said Right-of-Way line fora distance of 20.00 feet to a point on a non-tangent curve concave Southeasterly having a radius of 666,21) fret, a central angle of 91°51'45" and a chord bearing of S 43°23'07" W; thence run Southwesterly along the arc of said curve and said Right-of-Way line for a distance of 1068.12'feet to the point of tangency; thence run S 02°32'46" E along said Righr-of-Way line for a distance of 515.66 feet to the point of curvature of a curve concave Westerly having a radius of 766,204ct and a central angle of 16°32'20; thence run Southerly along the arc of said curve and said Right-of-Way line for a distance of 221,17 feet to Om Wes; line of the Southeast 1/4 of the Southwest 1/4 of said Section 30; thence run S 00°331S5" E along said line for distance of 378.61 feet to a point an the North line of the South 774,40 feet of said Southwest 1/4; thence run N Gac40'00" E along said North line for a distance of 1326.95 feet; thence run N 89°0700" E along the North line of the South 774.45 feet of said Southeast 1/4 for a distance of 2581.92 feet to the West Right-of-Way line of said Maguire Road; thence run N 00°44'12" W along said Right-of- Way line, said line being parallel with and 50.00 feet West of the aforesaid East line of the Southeast 1/4 for a distance of 896.90 feet to the POINT OF BEGINNING. Containing 131.902 acres more or less and being subject to any rights-of- way, restriction; and easements of record. • EXHIBIT "A" Page 1 of 3 1 C-3 PROPERTY DESCRIPTION: That part of the Southeast 1/4 of Section 30, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the Northeast corner of the Southeast 1/4 of Section 30, Township 22 South, Range 28 East; thence run S 00°44'12" E along the East line of said Southeast 1/4 and the centerline of Maguire Road for a distance of 30.00 feet; thence run S 89°18'54" W parallel with the North line of said Southeast 1/4 for a distance of 50.00 feet to the intersection of the West Right-of-Way line of Maguire Road and the South Right-of-Way line of Tomyn Road and the POINT OF BEGINNING; thence run S 00°44'12" E along the West Right-of-Way line of Maguire Road for a distance of 900.01 feet; thence leaving said Right-of-Way line run S 89°15'48" W for a distance of 540.00 fret to the point of curvature of a curve concave Northeasterly having a radius of 800.00 feet; thence run Northwesterly along the arc of said curve through a central angle of 48°00'00" fora distance of 670.21 feet; thence run N 42°44'1.2" W fora distance of 466.16 feet to the point of curvature of a curve concave Southwesterly having a radius of 650.00 feet; thence run Northwesterly along the arc of said curve through a central angle of 25°56'29" for a distance of 294.30 feet; thence run N 68°40'41" W for a distance of 328.04 fret to the South Right-of-Way line of Tomyn Road, thence run N 89°18'54 E along the South Right-of-Way line of Tomyn Road, said South Right-of-Way line being 30.00 feet South of and parallel with the North line of said Southeast 1/4 for a distance of 1989.40 feet to the POINT OF BEGINNING. Containing 27.148 acres more or less and being subject to any rights-of-way, restrictions and easements of record. EXHIBIT "A" Page 2 of 3 cm/ 161µ ,NAµ I wEEsr¢ Ay --{ 540104 of DESCCIPTIbN cm/ toll+,owlif It MAP4MA4. FAW R&RO Th 596'N'61'G sax3T4tBI ly IDIUSOYBY E �oli✓L T .NTp= Rgt'io' I E%N' L. :xel.1T \ W T "�A4LPC. IMTof4VLW ✓P••\Ipr NeIYt eFY FeA' • s — —Z • 4 -4 a4 = 5.1'(4 Sec,'Fj•EuX1 - 56A/¢ L�a 6Bq-tS'Ef Sr ° 'a s a 11• 1CrENTIo-1- Q2cPE>zTY in3' a 16 , I: am v. x � i 2`3,0 zo R b u it A. tEi tr. 14 i 5 .. ' 'x1%fl i L'• zB44L' 'n w r g :9 0 �h . • 1 7 E� 4:W N .° V #, ,E Pd H t. IIk .a s crk Kr ... 4 /. y ry.�.�(��y yLy I�'*�r Nu u. man.wbj ei M w 8 .•K. 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