HomeMy WebLinkAboutVII (B) Purchase and Sale Agreement with Heller Bros. Groves Agenda 12-21-99
Item VII B
17JVI ER OF(;000 Mu-PRIDEOF WES! ORA N(UE" MAY-rn•COMMISSIONER
Ocoee S. SCOTT VANDERGRIFT
eA c
® o CITY OF OCOEE COMMISSIONERS
�` JR _ DANNY HOWELL
CIF ISO N. LAKLSIIOItL'DItIVC SCO rT Amnitson
„3� °con, FLORIDA 34761-2258
n �i RUSTY JOIINSON
ry V (407)656-2322 NANCY J.PARKER
,F4�f ,GGOv CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
DATE: December 9, 1999
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E., City Engineer/Utilities Director
SUBJECT: Purchase and Sale Agreement
Maguire Road Project
Attached for your review and action is a proposed Purchase and Sale Agreement
between the City of Ocoee and Heller Bros. Groves.
This Agreement covers several parcels of land owned by Heller and required for various
purposes by the City for the construction of the Maguire Road widening project.
There are several exhibits attached to the Agreement, and I will list them below with
their corresponding intended use.
Exhibits B-1 and B-2 are two parcels on the east side of Maguire Road which will
become stormwater retention ponds. These parcels were appraised for the City by Pinel
& Carpenter, Inc., and the appraisal established a value of $2.00 per square foot for the
land.
Parcel B-1 is 2.170 acres in area which equates to a land value of $192,000. Parcel B-2
is 1.487 acres in area which equates to a land value of $128,000. The total appraised
value of the two parcels is $320,000. The Agreement calls for fee simple title to these
parcels to be conveyed to the City.
All of the other parcels referred to in the Agreement and described below, are to be
conveyed to the City for no compensation. The Agreement describes this compensation
arrangement in detail in Section 4(A), page 5 of the Agreement.
Exhibits B-3 and B-4 are corner clips on the east side of Maguire Road that are needed
to construct the approach to the future extension of realigned Tomyn Road east of
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Maguire Road. The Agreement calls for fee simple title to these parcels to be
conveyed to the City.
Exhibit B-5 is a corner clip on the west side of Maguire Road required to construct the
pavement and signalization improvements at the intersection of realigned Tomyn Road
and Maguire Road. The Agreement calls for fee simple title to this parcel to be
conveyed to the City.
Exhibits C-1 and C-2 are drainage easements required to convey stormwater to and
from the ponds to be constructed on the B-1 and B-2 parcels above. The Agreement
calls for permanent drainage easements over these parcels to be conveyed to the City.
Exhibit C-4 is an existing sanitary sewer easement. This easement was to be part of
the Agreement, but the development of the Brookestone Subdivision required that we
accelerate the acquisition of this easement. The easement was granted to the City by
Heller, and it has been recorded by the City. To avoid further revision of the
Agreement, this easement is attached in its recorded form.
Exhibits C-5, C-6, and C-7 are three parcels which are required for tying the proposed
grades of the new road back to existing ground elevations. Parcel C-7 is on the west
side of Maguire Road north of realigned Tomyn Road. Parcels C-5 and C-6 are on the
east side of Maguire Road both north and south of the future extension of realigned
Tomyn Road east of Maguire Road. The Agreement calls for permanent slope
easements over these parcels to be conveyed to the City.
Exhibits D-1, D-2, and D-3 are three parcels required as temporary construction
easements. These will enable us to build intersection approaches on the east side of
Maguire Road which will be extended in the future by the developer of the property.
These approaches will be located to align with Wesmere Parkway, Highbrooke
Boulevard (the entrance to Brookestone Subdivision) and realigned Tomyn Road. The
Agreement calls for temporary construction easements over these parcels to be
conveyed to the City.
This Agreement has been reviewed and approved by the City's legal counsel at Fowler,
Barice & Colby, P.A., and the legal descriptions of the various parcels have been
reviewed and approved by the City's roadway design consultant, Professional
Engineering Consultants, Inc.
The Agreement calls for a closing on the 30`h day after the Effective Date which is the
date of execution by the City. The easement forms attached to the Agreement as
Exhibits E-1, E-2, E-3, and E-4 are for information only. These are the forms that will
be used for the various easement conveyances. The final forms and the appropriate
legal descriptions will be prepared and delivered to the City at the closing.
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I recommend that the City Commission authorize the Mayor and City Clerk to execute
the attached Purchase and Sale Agreement, and further authorize the Mayor and City
Clerk to execute such additional documents as are necessary to close the transaction.
As always you are welcome to come into my office or call me if you have any questions
on this or any other topic.
JWS/jbw
Attachments
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PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (this "Agreement") is made and entered into
this day of , 1999 by and between HELLER BROS.
GROVES, a Florida general partnership, whose address is Post Office Box 770249,
Winter Garden, Florida 34777 (hereinafter referred to as the "Seller"), and the CITY
OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore
Drive, Ocoee, Florida 32761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Seller is the owner of fee simple title to the following real
property located in Orange County, Florida:
1) real property located east of Maguire Road and south of the Florida
Turnpike which is located within the City of Ocoee R-3 and C-3 zoning
districts, as more particularly described in Exhibit "A-1" attached
hereto and by this reference made a part hereof (hereinafter referred to
as the "East Parent Tract"); and
2) real property located west of Maguire Road and south of the existing
Tomyn Road which is located within the City of Ocoee C-3 zoning
district, as more particularly described in Exhibit "A-2" attached hereto
and by this reference made a part hereof (hereinafter referred to as the
"West Parent Tract"); and
WHEREAS, the East Parent Tract and the West Parent Tract are herein
collectively referred to as the "Parent Tracts"; and
WHEREAS, the City is a Florida municipal corporation which is authorized to
exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City is constructing the Maguire Road Widening Project (the
"Project") and in connection therewith needs to acquire from the Seller the following
interests in portions of the Parent Tracts:
1) Fee simple title to those portions of the East Parent Tract as described in
Exhibit "B-1" and Exhibit 'B-2" attached hereto and by this reference
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made a part hereof (hereinafter individually referred to as "Parcel RW-
8" and "Parcel RW-9", respectively, and collectively referred to as the
"Retention Pond Parcels");
2) Fee simple title to those portions of the East Parent Tract as described in
Exhibit "B-3" and Exhibit "B-4" attached hereto and by this reference
made a part hereof (hereinafter individually referred to as "Parcel RW-
2" and Parcel RW-3", respectively, and collectively referred to as the
"East Corner Clip Parcels");
3) Fee simple title to those portions of the West Parent Tract as described
in Exhibit "B-5" attached hereto and by this reference made a part
hereof (hereinafter referred to as "Parcel RW-1" or the "West Corner
Clip Parcel");
4) Permanent drainage easements across those portions of the East Parent
Tract as described in Exhibit "C-1", and Exhibit "C-2" attached hereto
and by this reference made a part hereof (hereinafter individually
referred to as Parcel D-2 and Parcel D-3, respectfully, and collectively
referred to as the "Drainage Easement Parcels");
5) A permanent sewer force main easement across that portion of the East
Parent Tract as described in Exhibit "C-4" attached hereto and by this
reference made a part hereof (hereinafter referred to as "Parcel "S-1" or
the "Sewer Easement Parcel");
6) A permanent slope easement across those portions of the East Parent
Tract as described in Exhibit "C-5" and Exhibit "C-6" attached hereto
and by this reference made a part hereof (hereinafter referred to as
"Parcel SE-11" and "Parcel SE-12", respectively and collectively
referred to as the "East Slope Easement Parcels");
7) A permanent slope easement across that portion of the West Parent Tract
as described in Exhibit "C-7" attached hereto and by this reference
made a part hereof (hereinafter referred to as "Parcel SE-10" or the
"West Slope Easement Parcel"); and
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8) Temporary constructions easements across those portions of the East
Parent Tract as described in Exhibit "D-1", Exhibit "D-2" and Exhibit
"D-3" attached hereto and by this reference made a part hereof
(hereinafter individually referred to as "Parcel TCE-31", "Parcel TCE-
32" and "Parcel TCE-33", respectively, and collectively referred to as
the "Temporary Easement Parcels").
(the Retention Pond Parcels, the East Corner Clip Parcels, the West Corner Clip
Parcel, the Drainage Easement Parcels, the Sewer Easement Parcel, the East Slope
Easement Parcels, the West Slope Easement Parcel, and the Temporary Easement
Parcels being hereinafter collectively referred to as the "Property"); and
WHEREAS, the City has advised Seller that if the Seller does not enter into
this Agreement and close on the conveyance of the Property pursuant to the terms of
this Agreement that the City intends to use its power of eminent domain to condemn its
required interests in the Property; and
WHEREAS, subject to the terms, conditions and limitations set forth herein,
Seller, under threat of condemnation, has agreed to sell to the City, and the City has
agreed to purchase from the Seller its required interests in the Property as set forth
herein.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants herein contained, and other good and valuable considerations exchanged
between the parties hereto, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, each intending to be legally bound, hereby agree as
follows:
Recitals. The above recitals are true and correct and are incorporated
herein by reference.
2. Conveyance of Fee Simple Title. Seller, under threat of condemnation,
agrees to sell and the City agrees to purchase, for the purchase price and on the terms
and conditions herein set forth, the Retention Pond Parcels, the East Corner Clip
Parcels and the West Corner Clip Parcel, together with all tenements, hereditaments,
improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining
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thereto and all of the Seller's right, title, and interest therein (hereinafter collectively
referred to as "Fee Parcels"). The Seller shall convey to the City marketable, fee
simple title to the Fee Parcels by special warranty deed free and clear of all liens,
mortgages and encumbrances, except for restrictions, reservations, easements and other
matters of record, if any. The instrument of conveyance shall transfer all of Seller's
interest in and to all improvements, fixtures, easements, trees, shrubbery, rights-of-
way, tenements and appurtenances belonging or appertaining to the Fee Parcels,
including without limitation of the foregoing, all right, title and interest of Seller in and
to any land lying in the bed of any public street, alley, road or avenue (before or after
vacation thereof, and whether previously abandoned or vacated or hereafter abandoned
or vacated) adjacent to the Fee Parcels.
3. Grant of Easements by Seller.
(A) Seller, under threat of condemnation, agrees to grant to the City,
on the terms and conditions herein set forth, the following easements:
(i) a permanent drainage easement (the "Drainage
Easement") over, across and under the Drainage Easement Parcels;
(ii) a permanent sewer easement (the "Sewer Easement")
over, across and under the Sewer Easement Parcel;
(iii) a permanent slope easement (the "Slope Easement") over,
across and under the East Slope Easement Parcels and the West Slope
Easement Parcels; and
(iv) a temporary construction easement (the "Construction
Easement") over, across and under the Temporary Easement Parcels;
(hereinafter collectively referred to as the "Easements"). The Drainage Easement, the
Sewer Easement, the Slope Easement and the Construction Easement shall be in
substantially the form attached hereto as Exhibit "E-1", Exhibit "E-2", Exhibit "E-
3" and Exhibit "E-4", respectively, and by this reference made a part hereof. The
Drainage Easement Parcels, the Sewer Easement Parcel, the West Slope Easement
Parcels and the Temporary Easement Parcels are hereinafter collectively referred to as
the "Easement Parcels".
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(B) The Seller shall grant the Easements to the City free and clear of
all liens, mortgages and encumbrances, except for restrictions, reservations, easements
and other matters of record, if any.
4. Purchase Price.
(A) The Purchase Price for the interests in the Property as described
in this Agreement shall be THREE HUNDRED TWENTY THOUSAND AND
NO/100 DOLLARS ($320,000,00)(the "Purchase Price") which represents the
appraised value of the Retention Pond Parcels based upon an appraisal obtained by the
City. The parties hereto acknowledge that the City has not obtained an appraisal of the
East Corner Clip Parcels, the West Corner Clip Parcels and the Easement Parcels and
that Seller has agreed to convey the East Corner Clip Parcels and West Corner Clip
Parcels and grant the Easements to the City without any additional consideration other
than the agreement of the City to perform its covenants and agreements set forth
herein.
(B) The parties hereto acknowledge and agree that the Purchase Price •
and performance by the City of its covenants and agreements set forth in this
Agreement: (a) constitutes full compensation to the Seller for the value of the Fee
Parcels and the Easements and the resultant damage, if any, to the Parent Tracts owned
by the Seller; (b) includes full compensation to the Seller for all trees, shrubbery and
other improvements on the Property, all of which may be removed by the City in
connection with the Project; and (c) includes compensation and reimbursement to the
Seller for all costs and expenses incurred or to be incurred incident to this Agreement
and the closing hereof, including but not limited to attorneys' fees and appraisal fees.
(C) The Purchase Price (or such greater or lesser amount as may be
necessary to complete payment of the Purchase Price after escrows, deductions,
credits, adjustments and prorations) shall be paid to Foley & Lardner, as closing agent
(the "Closing Agent") at the Closing by wire transfer or by City check for which funds
are immediately available. The Closing Agent shall disburse such funds in accordance
with the provisions of this Agreement. The net proceeds payable to the Seller (after
escrows, deductions, credits, adjustments and prorations) shall be disbursed to Seller
by wire transfer or trust account check (as determined by Seller).
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5. Title Insurance.
(A) Within ten (10) days after the Effective Date of this Agreement,
Seller shall deliver to City a title insurance commitment (the "Title Commitment") for
an owner's title insurance policy in the amount of the Purchase Price (the "Title
Policy") showing good and marketable fee simple title to the Property vested in the
Seller, subject only to those matters expressly set forth in this Agreement and such
other matters as may be agreed to by City. The Title Commitment shall identify each
exception of record by the parcel to which such matters apply and include copies of all
exceptions of record noted therein. The cost of the Title Commitment, Title Policy and
any title searches or status of title reports/certificates and updates associated therewith
shall be paid by the City at Closing.
(B) If any title matters set forth in the Title Commitment are
unacceptable to the City, then the City, at its option, may terminate this Agreement
within seven (7) days of receipt of the Title Commitment; otherwise, the City shall be
deemed to have agreed to accept title subject to the matters shown in the Title •
Commitment. Seller shall have no obligation to cure title defects, if any, revealed by
the Title Commitment.
(C) The Title Commitment shall be endorsed or "marked-up" at the
Closing so as to show title to the Fee Parcels vested in City and the Easements vested
in City as required herein. The title insurer shall provide gap coverage insuring against
adverse title matters pursuant to Section 627.7841, Florida Statutes. Upon the Closing
and recording of the deed and easements to City, the Title Policy shall be issued
pursuant to the Title Commitment and delivered to City. Upon execution by Seller, at
Closing, of the Affidavit required by the title company and completion and delivery of
a survey by City, the "standard exceptions" to the Title Policy shall be deleted, except
for matters actually shown on the Survey; provided, however, that the standard survey
exceptions will be deleted only if the City, at the City's expense, provides a current
Survey of the Property certified to the title company.
6. Covenants by City. As additional consideration and as a material
inducement for Seller to enter into this Agreement and to agree to convey the Fee
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Parcels to the City and to grant the Easements to the City, the City hereby covenants
and agrees as follows:
(A) The City will use its best efforts to proceed with the design,
engineering, permitting and construction of the Project and to commence construction
of the Project no later than April 2000 and to complete construction of the Project no
later than September 2001. If the City has not completed construction of the Project by
September 2001 and any portion of the Project is required for development of the
Parent Tracts or any portion thereof, then in such event (i) Seller, at its option and
upon thirty (30) days written notice to the City, may proceed to cause the completion
of such uncompleted portion of the Project (including but not limited to the
construction or completion of construction of the Retention Ponds in the Retention
Pond Parcels), all in accordance with the plans for the Project as approved by the City,
and (ii) the City will, within thirty (30) days of completion of the uncompleted portion
of the Project and acceptance thereof by the City, reimburse Seller for the costs
incurred by Seller in completing such uncompleted portions of the Project; provided,
however, that any such activities undertaken by Seller shall not cause a delay in the
City's then existing schedule for completion of the Project.
(B) The City acknowledges that the Seller has materially relied on the
representations of the City that the Project will be constructed substantially in
accordance with those specific plan sheets listed on Exhibit "F" attached hereto and by
this referenced made a part hereof (the "Plan Sheets") which have been prepared by
the City's consultant, Professional Engineering Consultants, and approved by the City.
The City agrees that the final design of the Project will not materially deviate from the
Plan Sheets. The City further agrees that the final design of the Project will provide
for the landscaping and irrigation of the Retention Ponds (as hereinafter defined). The
City covenants and agrees that it will not make any changes to the Plan Sheets which
have a material adverse effect on the Parent Tracts and the development thereof
without the prior written consent of Seller, such consent not to be unreasonably
withheld. The foregoing shall not be construed to prevent the City from changing the
plans for any other portion of the Project or to require Seller's consent in connection
with any such changes.
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(C) The City agrees that the portion of the Parent Tracts which are
zoned C-3 on the Effective Date of this Agreement shall be allowed to develop, at
Seller's option, with a right-in and right-out for both the West Parent Tract and the
East Parent Tract provided that there is adequate spacing so that the right-in/right-out is
no closer than 330 feet north of the intersection of Maguire Road and Realigned Tomyn
Road.
(D) The City will, at no cost or expense to Seller, cause a storm
drain and sanitary sewer force main to be installed across Maguire Road in accordance
with the Brookestone Offsite Improvement Plan (Sheet 19 of 26) prepared by Donald
W. McIntosh Associates, Inc., dated July 20, 1998 as revised through August 13,
1999, under Job No. 97230 and approved by the City (the "Brookestone Plan Sheet").
The City acknowledges that the sanitary sewer force main and the stormwater drainage
pipes under Maguire Road, all as shown on the Brookestone Plan Sheet, are oversized
in order to account for development of the East Parent Tract. The City agrees that the
development plans for the East Parent Tract may provide for the connection of the East •
Parent Tract to the storm drain and sanitary sewer force main, as shown on the
Brookestone Plan Sheet, which will be part of the City's stormwater management
system as to the storm drain and the City's sewer system as to the sanitary sewer force
main and that the East Parent Tract will be allowed to connect to said storm drain and
sanitary sewer force main without reimbursement for any costs incurred in connection
with the installation of said storm drain and sanitary sewer force main.
(E) The Brookestone Plan Sheet shows the existing City Sanitary Lift
Station and an 8" plug valve for the possible future connection of the Parent Tracts.
The City agrees that the Parent Tracts will have the right to connect to said lift station
and that if there is not adequate capacity in said lift station to handle the development
of the Parent Tracts at the time of connection, then the City will, at no expense to
Seller or the then owner of any portion of the Parent Tracts, cause said lift station to be
upgraded so as to handle the development of the Parent Tracts. The City acknowledges
that the land on which said lift station is located has previously been donated by Seller
to City.
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(F) The parties acknowledge that the Slope Easement is needed by
the City because the Project will raise the finished grade of Maguire Road. The City
agrees that it will not impose a requirement in connection with the development of the
Parent Tracts that the grade of the Parent Tracts be raised to match the finished grade
of Maguire Road upon completion of the Project; provided, however, that the
foregoing shall not be construed to prevent the developer of the Parent Tracts from
voluntarily electing to raise the finished grade of the Parent Tracts or any portion
thereof.
(G) The City agrees, at no cost or expense to Seller, to stub a road
into the East Parent Tract within the Temporary Easement Parcels, all as set forth on
the Plan Sheets; provided that the foregoing shall not be construed as a dedication to
the City of the Temporary Easement Parcels.
7. Construction and Maintenance of Retention Ponds on Retention
Pond Parcels.
(A) As part of the Project the City agrees to construct, at the City's •
sole cost and expense, unfenced retention ponds on the Retention Pond Parcels
substantially in accordance with the Plan Sheets (the "Retention Ponds"). The City
acknowledges that the Plan Sheets for the Retention Pond located on Parcel RW-8
include an outfall structure to the existing drainage at the southwest corner of such
proposed pond and that the outfall structure is sized to accommodate the Seller's
allotted stormwater drainage capacity of 15 cfs as set forth in the Maguire Road Storm
Drainage Agreement (as defined in Paragraph 17 hereof).
(B) The City agrees, at its sole cost and expense, to operate, maintain
and repair the Retention Ponds (including any landscaping and decorative features
located thereon by the City) and any expansions or reconfigurations thereof undertaken
by Seller pursuant to this paragraph, all in accordance with all applicable laws,
statutes, ordinances, rules and regulations. It is expressly agreed between the parties
hereto that the City shall be the maintenance entity with respect to the Retention Ponds
and shall be responsible for maintaining the Retention Ponds in accordance with all
applicable permits now or hereafter issued by St. Johns River Water Management
District. Furthermore, the City shall maintain the Retention Ponds in a manner
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consistent with the maintenance of other retention ponds in residential subdivisions
within the City of Ocoee. Notwithstanding the foregoing, the Seller shall be
responsible for the operation, maintenance and repair of the Retention Ponds from the
date that the Sellers commence the construction or expansion of the Retention Ponds,
as provided in Paragraph 7(D) below, until that date of completion thereof as evidenced
by the issuance of a Certificate of Completion by the City.
(C) The Retention Ponds and any expansion or reconfiguration
thereof by Seller pursuant to this Agreement are intended to be joint use ponds for the
benefit of the City, the East Parent Tract and the owners of the East Parcel Tract. To
the extent that there is any excess or unused storm drainage capacity within the
Retention Ponds which are not needed for the Project, it is expressly agreed that any
such excess or unused drainage capacity may be used for the benefit of the East Parent
Tract in connection with the development thereof.
(D) Subject to the terms and conditions hereafter set forth, Seller or
its assigns, at Seller's or its assigns sole cost and expense, shall have the right (but not
the obligation) to undertake the following activities upon completion of the Retention
Ponds by the City: (i) the right to expand and/or deepen the Retention Pond(s) and
any expansions thereof; (ii) the right to reconfigure or change the appearance of the
Retention Pond(s), and (iii) the right to modify the Retention Pond(s) and any
expansions thereof by (a) upgrading, replacing or relocating the landscaping installed
by the City, (b) adding project identification signage within the Retention Pond Parcels,
including appurtenances and lighting reasonably associated therewith, in connection
with the development of the East Parent Tract or any portion thereof, (c) adding
decorative walls and/or fencing within the Retention Pond Parcel(s), (d) adding water
features such a fountains to the Retention Pond(s), and (e) adding or expanding
irrigation within the Retention Pond(s) and any expansions thereof. It is expressly
agreed by the City that the developer(s) of the East Parent Tracts or any portion thereof
may, subject to the provisions set forth below, construct within the Retention Pond
Parcels project identification signage and entrance features comparable to those
previously approved by the City for the Brookestone Subdivision (but is not obligated
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to do so). In connection with any of the foregoing activities, the Seller shall comply
with the following requirements:
(1) Any such activities shall be undertaken only in accordance
with plans approved by the City as part of the development of the East
Parent Tract or any portion thereof; provided, however, that the City
shall not unreasonably withhold its approval of any such plans which are
consistent with this Agreement.
(2) Any such activities shall be undertaken in accordance with
all applicable laws, statutes, ordinances, rules and regulations and any
and all permits now or hereafter issued with respect to the Retention
Ponds and any such activities in connection therewith.
(3) Any such activities shall be undertaken in cooperation and
coordination with the City so as to minimize the interference with the
stormwater drainage system for the Project.
(4) The Seller and its successors and assigns and their
respective agents, employees, consultants and independent contractors
shall have the right to enter upon the Retention Pond Parcels for the
purpose of undertaking any such activities; provided, however, that the
person or entity undertaking any such activities shall assume all risks
associated with the performance of such activities and shall indemnify
and hold the City harmless from and against all loss, liability, cost,
claims, demands, damages, actions, causes of action, suits and expenses,
including without limitation attorneys' and paralegal fees (whether
incurred before, during or after trial, or upon any appellate level),
caused by such person or entity or, its agents, employees, consultants
and independent contractors in the exercise of the rights granted
hereunder.
(5) The Retention Pond Parcels shall be kept free and clear of
all liens and encumbrances arising out of or related to the activities
undertaken pursuant to this Paragraph 7(D) on the Retention Pond
Parcels and/or the East Parent Tract. The person or entity undertaking
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any such activities shall hold the City and the Retention Pond Parcels
harmless from any liens or claims of lien arising out of such activities.
(6) Nothing contained herein shall be construed to release the
Seller, its successors and assigns, from compliance with the
requirements of the City's Land Development Code, as it may from time
to time be amended, as it may affect such activities, including but not
limited to any applicable requirements with respect to the posting of any
bonds normally required to guarantee similar construction.
(7) Any such activities shall not be undertaken in such a
manner as to cause a delay in the then existing schedule for completion
of the Project.
(8) If Seller upgrades the landscaping within the Retention
Pond Parcel(s) or adds irrigation systems or decorative water features
or makes any other changes which increase the cost of maintenance of
the Retention Pond(s), then the Seller shall thereafter be responsible for •
the maintenance, upkeep and repair costs of such Retention Pond(s) and
the City shall, at least annually, pay Seller for customary and routine
costs of maintenance which would have otherwise been incurred by the
City in order to maintain such Retention Pond(s) in a manner consistent
with pond maintenance in other residential areas of the City. The
amount of any such payment shall be reasonably determined by the City
in accordance with the foregoing criteria. The foregoing obligations of
Seller may be transferred by Seller to a subsequent Purchaser of the East
Parent Tract or any portion thereof, or to an association formed in
connection with the development of the East Parent Tract or any portion
thereof.
(E) If it becomes necessary for the Seller, its successors or assigns,
to undertake any of the activities contemplated by Paragraph 7(D) above prior to the
City's completion of the Retention Ponds, then the City agrees to proceed in good faith
with the Seller, its successors or assigns, to agree upon a plan to complete the
Retention Ponds and the activities contemplated by Paragraph 7(D) above in such a
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manner so as to allow the development of the East Parent Tracts, or any portion
thereof, without delay due to the anticipated timing of completion of the Retention
Ponds.
(F) At Closing and in further consideration for the conveyance of the
Fee Parcels and the granting of the Easements across the Easement Parcels, the City
shall execute and deliver to Seller a non-exclusive perpetual drainage, retention pond
and construction easement over, across and under the Retention Pond Parcels and
incorporating the provisions of this Paragraph 7. Such easement shall be for the
benefit of the East Parent Tract and the current and any future developers and owners
thereof. Such easement shall be prepared by Seller consistent with the foregoing and
shall otherwise be in a form and content reasonably acceptable to City. The City shall
pay the cost of recording said easement.
8. Stormwater Management for East Parent Tract.
(A) The City and Seller acknowledges that the in connection with the
pre-and post-development of the East Parent Tract that the stormwater management
system for the East Parent Tract will utilize the Retention Ponds and the Drainage
Easement Parcels as part of its stormwater management system which is intended to
discharge to the stormwater management system for the Brookestone Subdivision,
which stormwater management system has been sized so as to accommodate the
development of the East Parent Tract and other lands. In connection therewith, it is
expressly agreed by the City that the East Parent Tract shall have the right to discharge
stormwater through the Retention Pond Parcels and the Drainage Easement Parcels and
the improvements to be located thereon in accordance with the Plan Sheets and to
connect such stormwater to the Brookestone Subdivision stormwater management
system through a City maintained pipe to be located under Maguire Road. The City
acknowledges and agrees that the drainage pipes to be located within Parcel D-3 and
under Maguire Road as set forth in the Plan Sheets have been sized to take into account
the future development of the East Parent Tract as well as the Project and that such
drainage pipes and the Retention Ponds will be connected by the City to the
Brookestone Subdivision Stormwater Management System, at no cost to Seller or any
future developer or owner of the East Parent Tract or any portion thereof. If the
13
006.152082.4
installation of the drainage pipe under Maguire Road is not completed by November 1,
2000 and such installation is required for development of the Parent Tracts, or any
portion thereof, then in such event (i) Seller, at its option and upon thirty (30) days
written notice to the City, may proceed to cause the installation of said drainage pipe
under Maguire Road in accordance with the plans for the Project as approved by the
City, and (ii) the City will, within thirty (30) days of completion of the installation and
acceptance thereof by the City, reimburse Seller for the costs incurred by Seller in
installing such drainage pipe, provided, however, that any such activities undertaken by
Seller shall not cause a delay with the City's then existing schedule for completion of
the Project.
(B) Seller, its successors or assigns, may elect at a later date, at their
option, to remove the drainage pipe to be located within Parcel D-3 and construct a
new stormwater retention pond which will incorporate the stormwater which would
otherwise be flowing through the drainage pipe; provided, however, that (i) any such
undertaking shall be in accordance with development plans approved by the City in •
connection with the development of the East Parent Tract, or any portion thereof, and
(ii) the City shall be provided with a comparable replacement drainage easement across
any such new retention pond, which easement must be reasonably acceptable to the
City.
9. Closing Costs; Tax Proration.
(A) The City shall pay all closing costs associated with this
Agreement, including all recording fees and documentary stamp taxes, if any, relating
to or resulting from the conveyance of the Fee Parcels to the City, the granting of the
Easements to the City, and the granting to the Seller of easements as required herein.
Real property taxes in connection with the conveyance of the Fee Parcels shall be
prorated as of the day of the acceptance of the conveyance by the City and the prorated
amount shall be paid by the Seller and shall be escrowed in accordance with the
provisions of Section 196.295, Florida Statutes.
(B) Pursuant to Section 12B-4.013(4), Florida Administrative Code,
the City hereby determines and gives written notice to Seller that City has decided to
acquire the Property and that City is prepared to institute condemnation proceedings to
14
006.152082.4
acquire the Property in the event Seller does not agree to sell the Property to City in
accordance with the terms and conditions of this Agreement. This paragraph is
included for the purpose of documenting that the conveyance of the indicated interests
in the Property is to be made by Seller to City under threat of condemnation and that
the conveyance is not subject to the Florida documentary stamp tax.
10. Maintenance of Access. Throughout the Project, the City will maintain
for Seller's benefit access to the Parent Tracts; provided, however, that the Seller
acknowledges that there may be temporary periods during which access to the Parent
Tracts may be temporarily rerouted due to construction activities associated with the
Project.
11. Closing. This transaction shall be closed and the deed, Easements and
other closing papers ("Closing") delivered at 10:00 a.m. on the 301° day from the
Effective Date (the "Closing Date"). Closing shall take place at the offices of Foley &
Lardner, 111 North Orange Avenue, Suite 1800, Orlando, Florida. The Seller's legal
counsel shall be responsible for the preparation of all closing documents subject to the
approval of the City, such approval not to be unreasonably withheld. Except as set
forth herein or required by this Agreement, the closing documents shall be consistent
with form documents being utilized by the City on the Project.
12. Additional Documentation. In connection with the Closing the Seller
shall execute such closing documents as may reasonably be required by the City,
including but not limited to a standard form no-lien affidavit, a non-foreign
certification, and a closing statement.
13. Use of Property Prior to Closing. From the date hereof through the
Closing Date, the City through its consultants, contractors and employees, will be and
are hereby authorized to enter upon the Property for the purposes of having scientific
investigation, surveying and the taking of soil borings in connection with the Project.
Any boring holes made by the City shall be promptly filled and packed to the
surrounding earth level by the City. City further agrees prior to closing and for the
period of site investigation, to the extent permitted by law, to assume all risks involved
and to be fully responsible for the safety of its agents, contractors, consultants and
employees, hereby releasing, saving and discharging Seller, its successors and assigns,
15
006.152062.4
from any and all claims and demands of whatever nature, whether for personal injury
or death of employees, agents, contractors or consultants, or loss of or damage to
personal property.
14. Further Documentation. The parties agree that at anytime 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 and the
consummation of the transactions contemplated hereby. The provisions of this
paragraph shall survive the closing.
15. Specific Performance. Both the City and the Seller shall have the right
to enforce the terms and conditions of this Agreement by an action for specific
performance.
16. Time of Essence. Time is of the essence for this Agreement and in the
performance of all conditions, covenants, requirements, obligations and warranties to
be performed or satisfied by the parties hereto.
17. 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; provided, however, that
nothing contained herein shall be construed to in any way terminate, modify or amend
any existing written agreements between Seller and City, including but not limited to:
(a) that certain Storm Drainage Agreement by and between Ocoee Partners Limited
Partnership, Heller Bros. Groves, and Park Square Maguire, Ltd., dated November
10, 1989, as recorded in Official Records Book 4148, Page 4116; along with Joinder
and Consent thereto by City of Ocoee dated December 5, 1989, as recorded in Official
Records Book 4148, Page 4127; along with that certain Addendum to Storm Drainage
Agreement by and between Ocoee Partners Limited Partnership, Heller Bros. Groves,
Park Square Maguire, Ltd., and Maguire Road Corporation, dated November 14,
1989, as recorded in Official Records Book 4148, Page 4128, all of the Public Records
of Orange County, Florida (the "Maguire Road Storm Drainage Agreement"); (b) that
certain Tomyn Road Right-of-Way and Development Agreement dated February 25,
1999 between the City, Seller and Centex Homes as recorded in Official Records Book
16
006.152082.4
, Page , Public Records of Orange County, Florida; (c) Utility Easement
Agreement dated February 5, 1991 between the Seller and City as recorded in Official
Records Book 4263, Page 1607, Public Records of Orange County, Florida; and (d)
Access Easement Agreement dated February 5, 1991 between the Seller and City as
recorded in Official Records Book 4263, Page 1597, Public Records of Orange
County, Florida. Amendments to and waivers of the provisions of this Agreement
shall be made by the parties only in writing by formal amendment.
18. Vested Rights. Nothing contained herein shall be construed to in any
way amend, modify or repeal Seller's rights and privileges pursuant to that certain
Certificate of Vesting No. CV-96-02, dated March 5, 1997, issued by the City with
respect to the Parent Tracts and other lands (the "Vested Rights Certificate"). The
City expressly acknowledges that the Vested Rights Certificate is unaffected by this
Agreement and any conveyances by Seller pursuant thereto.
19. Applicable Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Florida.
20. Disclosure of Beneficial Interest.
(A) Contemporaneous with the execution of this Agreement, Seller
shall deliver to City a public disclosure of its beneficial ownership which shall comply
with the requirements set forth in Section 286.23, Florida Statutes, as from time to
time amended. This Agreement constitutes a written notice from City to Seller
requesting the foregoing disclosure and informing Seller that such disclosure must be
made under oath, subject to the penalties prescribed for perjury.
(B) Seller warrants and represents to the City that no member of the
Ocoee City Commission, no agent or employee of the City, and no person related by
blood or marriage to any of the aforesaid has or will benefit in any way, either directly
or indirectly, from the closing of this transaction.
21. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto, their respective legal representatives,
successors, heirs and assigns and shall run with the Parent Tracts and be binding upon
and inure to the benefit of the heirs, legal representatives, successors and assigns of the
17
006.152082.4
Seller and any person, firm, corporation or entity who may become the successor in
interest to the Parent Tracts or any portion thereof.
22. Negotiated Price to be Without Prejudice. The purchase price
specified herein was negotiated by the parties on the basis of a total price for the Fee
Parcels and the Easements taking into account the covenants and agreements made
herein by Seller and City and shall be without prejudice to any party, and inadmissible
in any condemnation proceedings which might hereinafter be brought if this transaction
is not closed for any reason whatsoever.
23. Survival of Warranties and Agreements. All warranties,
representations, covenants, obligations, indemnities and agreements contained herein
shall survive the execution and delivery of the Deed, the closing documents and the
Closing to be held hereunder.
24. Notices. All notices, consents, approvals, waivers and elections which
any party shall be required or shall desire to make or give under this Agreement shall
be in writing and shall be sufficiently made or given (i) when mailed by certified mail,
postage prepaid, return receipt requested, (ii) by hand delivery to the named individuals
representing the party to be notified, or (iii) by private parcel delivery services.
Notices, including notice of change of address, shall be addressed or transmitted to the
addresses set forth below or such other address that a party may designate in the
manner prescribed herein:
AS TO SELLER: Heller Bros. Groves
Attn: Glenn Jackson
288 S. 9th Street
Winter Garden, FL 34777
AS TO CITY: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, FL 34761
Notices, consents, approvals, waivers and elections given or made as aforesaid shall be
deemed to have been given and received on the date of the mailing or delivery thereof
as aforesaid.
25. Construction of Agreement. This Agreement shall not be construed
more strictly against one party than against the other party merely by virtue of the fact
that it may have been prepared by counsel for one of the parties, it being recognized
18
006.152082.4
that both Seller and City have contributed substantially and materially to the
preparation hereof.
26. Radon Gas. Pursuant to the provisions of Section 404.056(8), Florida
Statutes, Seller hereby notifies City as follows with respect to the Property: "Radon is
a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit."
27. Time for Acceptance. The Seller is irrevocably executing this
Agreement prior to approval by the City; provided, however, that in the event the City
does not approve and execute this Agreement on or before
1999, then the Seller's execution hereof shall be automatically terminated and the City
shall immediately return to the Seller the executed originals hereof.
28. Effective Date. The Effective Date of this Agreement shall be the date •
that it is executed by the City and such date shall be inserted on the front page of this
Agreement.
19
006.152082.4
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, to become effective as of the date and year first above written.
Signed, sealed and delivered SELLER:
in the presence of:
HELLER BROS. GROVES, a Florida
general partnership
By: HELLER BROS. PACKING
CORP., a F rida corpo ti n,
'Managi general par e ,
Hary . eller, President
Executed on: //4 129$ 1999
Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift
Mayor
Attest:
Jean Grafton
City Clerk
Executed on: 1999
For use and reliance only by the City of APPROVED BY THE OCOEE CITY
Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING HELD
legality this day of ON , 1999
1999. UNDER AGENDA ITEM NO.
By:
Name:
20
006.152082.4
EXHIBIT A-1
EAST PARENT TRACT
All lands owned by Heller Bros. Groves as of the Effective Date and the
Closing Date located east of Maguire Road and south of the Florida Turnpike, less and
except Parcels RW-8, RW-9, RW-2 and RW-3 as defined in this Agreement.
006.161589.1
EXHIBIT A-2
WEST PARENT TRACT
All lands owned by Heller Bros. Groves as of the Effective Date and the
Closing Date located west of Maguire Road and south of the existing Tomyn Road, less
and except Parcel RW-I as defined in this Agreement.
006.161590.1
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
Pa Gel /LW'S —IFCAL DESCRIPTION
TRACT 1
A TRACT OF LAND L INC1 IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12
SOUTH, RANCE 18 EAST, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A
POINT OF REFERENCE; THENCE RUN NORTH 895326" EAST, ALONG
THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 5000 FEET TO A
POINT ON THE EAST R/CHT-OF-WAY LINE OF MAGUIRE ROAD AND THE
POINT OF BEGINNING; THENCE RUN NORTH 00'39'02' WEST, ALONG
SAID EAST RIGHT-OF-WAY LINE. PARALLEL WITH AND 50.00 FEET EAST
OF, PERPENDICULAR MEASURE, THE WEST LINE OF SAID SOUTHWEST
GUAR TER, J2195 FEET,' THENCE DEPARTING SAID EAST RIGHT-OF-WAY
LINE, RUN NORTH 885927" EAST; 244.15 FEET; THENCE RUN SOUTH
2J174'17" EAST, 191.05 FEET; THENCE RUN SOUTH 0090'12" EAST,
151.86 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST
QUAR TER; THENCE RUN SOUTH 895326" WEST, ALONG SAID SOUTH
LINE, 250.31 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN TRACT
OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4108, PAGE 470J OF
THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
NORTH 0039'02" WEST, ALONG THE EAST LINE OF SAID TRACT OF
LAND, 45.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE RUN
SOUTH 895326" WEST, ALONG THE NORTH LINE OF SAID TRACT OF
LAND, 50.00 FEET TO THE NOR 77-IWEST CORNER THEREOF; THENCE RUN
SOUTH 00J9.02" EAST, ALONG THE WEST LINE OF SAID TRACT OF
LAND, 4500 FEET TO THE AFORESAID SOUTH LINE OF THE AFORESAID
SOUTHWEST QUARTER; THENCE RUN SOUTH 895326" WEST, ALONG
SAID SOUTH LINE, 15.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN THE CITY OF OCOEE, ORANGE
COUNTY, FLORIDA AND CONTAINS 2173 ACRES. MORE OR LESS.
•
TRACT 2
A TRACT 0 'NO LYING IN THE SOUTHWEST QUAR TER OF SECTION 19, TOWNSHIP
SOUTH, RANGE EAST, DESCRIBED AS FOLLOWS:
COMMENCE AT TH •IITHWEST CORNER OF SAID SECTION • OR A
POINT OF REFERENCE; CE RUN NORTH 00'39'02" T, ALONG
7HE WEST LINE OF SAID SO ST QUARTER OF CTON 29, A
DISTANCE OF 447.90 FEET; THE DEPAR SAID WEST LINE RUN
NORTH 8920'58" CAS{ 50.00 FEET • d POINT ON THE EAST RIGHT-
OF-WAY LINE OF MAGUIRE ROAD A s 7H //NT OF BEGINNING
THENCE RUN NORTH 0019'02' • T ALONG • e EAST RICH T-OF-
WA Y LINE, PARALLEL WITH ' • / 50.00 FEET EAST • PERPENDICULAR
MEASURE, SAID WEST I • OF THE SOUTHWEST GUAR - OF SECTION
19, A DISTANCE OF •48.85 FEET; THENCE RUN NORTH 94 r400" EAST
144.36 FEET; NCE RUN SOUTH 00159'2" EAST, 448.85 F
THENCE R • SOUTH 9019000- WEST, 144.36 FEET TO THE POINT /
BEGIN 'G.
THE :OW DESCRIBED TRACT OF LAND LIES IN THE CITY OF OCOEE AND CONTAIN
SURVEYOR'S NOf
(/) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS. OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PRONGED TO THIS FIRM
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA T/VF TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
BEING NORTH 00'39'02" WEST.
(3) THE -LEGAL DESCRIPRON' HEREON HAS BEEN PREPARED BY PIE SURVEYOR
AT THE CLIENT'S REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH
1, Yµ
- NM HEREON ARE AS PER THE CLIENT'S
- 6XttIAIT " e- w 1r —
l DAND A. WHITE P.S.M
FLORIDA REGISTRA 170N NO. 4044
SHEET I OF 2 PROFESSIONAL ENGINEERING CONSUL TANTS /NC
CERTIFICATE OF AUTHORIZATION NO. LB-3556
PECIJ PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
Suits 1560 Cola Pork Centre 100 Eosl Robinson Sheet Orlando. Florida 32801 407/422-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: FEB. 17, 1999 PREP BY: S.E.J. DRAWN BY:J.L.M. JOB NO: 0E-251
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY) I
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CROSS CREEK OF OCOEE %P/
(P.S. 3J, PCS. 30-31) /\. / \
LOTS
SHEET 2 OF 2 FILE:O:\0E251\251 PONDS.DWG
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners sue veyore
Suite 1560 Cola Park Centre 200 East Robinson Street Orlando. Florida J2801 407/422-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: FEB. 17, 1999 PREP BY: S.E.J. DRAWN BY:J.L.M. JOB NO: 0E-251
•
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
IFCAL DESCRIPTION
TRACT '
•, I. • I. , _ 2
SOD . . RANGE 28 EAST, DESCRIBED AS FOLLOWS:
CO NC£ AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A
POINT • "EFERENCE: THENCE RUN NORTH 895J26" EAST, ALONG
THE SOUTH .E OF SAID SOUTHWEST QUARTER, 50.00 FEET TO A
POINT ON THE T RICH I-OF-WAY LINE OF MAGUIRE ROAD AN. THE
POINT OF BEGINNIN , THENCE RUN NORTH 00J9'02" WEST, • •NC
SAID EAST RIGHT-OF- ' LINE, PARALLEL WITH AND 50.°• FEET EAST
OF, PERPENDICULAR MEAS ' THE WEST LINE OF SAI• SOUTHWEST
QUARTER, 323.95 FEET; THEN DEPARTING SAID "AST RIGHT-OF-WAY
LINE, RUN NORTH 885977. EAST, 44.15 FEET. THENCE RUN SOUTH
23'04'17" EAST, 191.05 FEET; THENC :UN '•UTH 00120'12- EAST,
151.85 FEET TO A POINT ON THE SOUTH E OF SAID SOUTHWEST
QUARTER; THENCE RUN SOUTH 8953' , ALONG SAID SOUTH
LINE, 250.31 FEET TO THE SOUTH - T CORNE" •F THAT CERTAIN TRACT
OF LAND DESCRIBED IN OFFICIA RECORDS BOOK • 18, PACE 4703 OF
7HE PUBLIC RECORDS OF 0" GE COUNTY, FLORIDA; HENCE RUN
NORTH 00J9'02- WEST, • ING THE EAST LINE OF SAI• RACT OF
LAND, 45.00 FEET TO " E NORTHEAST CORNER THEREOF' D ENCE RUN
SOUTH 895J76" T, ALONG THE NORTH LINE OF SAID - CT OF
LAND, 50.00 FEE' TO THE NORTHWEST CORNER THEREOF; TH E RUN
SOUTH 00J9'1'" EAST, ALONG THE WEST LINE OF SAID TRACT •
LAND, 45.01 FEET TO THE AFORESAID SOUTH LINE OF THE AFORE ' 0
SOUTH : QUARTER; THENCE RUN SOUTH 8955'6" WEST, ALONG
SAID •UTH LINE, 15.00 FEET TO THE POINT OF BEGINNING.
_ _ ...-.. ....,.. .,� •4N0 LIES /N THE CITY OF OCOEE, ORANGE
ice ( 9 —
173 ACRES, MORE OR LESS.
2
TRACT 2
A TRACT OF LAND L nNG IN 7HE SOUTHWEST QUARTER OF SEC770N 29, TOWNSHIP 22
SOUTH, RANCE 28 EAST, DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A
POINT OF REFERENCE; THENCE RUN NORTH 00J902" WEST, ALONG
THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 29, A
DISTANCE OF 44/90 FEET; THENCE, DEPARTING SAID WEST LINE. RUN
NORTH 8970.58- EAST, 50.00 FEET TO A POINT ON THE EAST RICHT-
OF-WAY LINE OF MAGUIRE ROAD AND NE POINT OF BEGINNING;
THENCE RUN NORTH 00159'02" WEST ALONG SAID EAST RICHT-OF-
WAY LINE, PARALLEL WITH AND 50.00 FEET EAST OF, PERPENDICULAR
MEASURE, SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION
29, A DISTANCE OF 448.85 FEET; THENCE RUN NORTH 900000- EAST;
144.36 FEET; THENCE RUN SOUTH OOJ9'O2- EAST, 448.85 FEET:
THENCE RUN SOUTH 9019000" WEST, 144.J5 FEET TO THE POINT OF
BEGINNING
THE ABOVE DESCRIBED TRACT OF LAND LIES IN PIE CITY OF OCOEE AND CONTAINS
1.487 ACRES, MORE OR LESS
SilRLEYOR'S NOTE; -
(1) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE VEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANCE 28 EAST,
BEING NORTH 00'3902- WEST
(J) THE -LEGAL DESCRIPTION' HEREON HAS BEEN PREPARED BY THE SURVEYOR
AT THE CLIENT'S REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
' SHOWN HEREON ARE AS PER THE CLIENT'S
- EAI+I&T t. Q-at' -
DAN0 A. WHIT P.S.M.
FLORIDA REGISTRATION NO. 4044
SHEET I OF 2 PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB-J556
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers pianners surveyors
Suite 1560 Cola Park Centre 200 East Robinson Street Orlando, Florida 32801 401/422-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: FEB. 17, 1999 PREP BY: S.E.J. j DRAWN BY:J.L.M. JOB NO: 0E-251
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
•
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N6931'16 I Sq/M L/NC, SW.//1. SEC 29-22-28
I
5893J76"W 1500' 1/ LOT 9
TRACT "A " /�
CROSS CREEK OF OCOEE 1(P�
(P.B. 33, RCS 30-J1) // LOT 8 \
SHEET 2 OF 2 FILE:0:\0E251\251 PONDS.DWC
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
Suite 1560 Edo Park Centre 200 East Robinson Street Orlando, BoriSS 32801 407/422-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: FEB. 17, 1999 PREP BY: S.E.J. DRAWN BY:J.L.M. I JOB NO: 0E-251
LEGAL DESCRIPTION
RIGHT—OF—WAY—TAKING
LEGAL -Way MIN& - P�� ( 'cW(Right-of-Way DESC Taking) —
PART A^.
A PARCEL OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST AND ALSO WITHIN 7HE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2665, PAGE 633, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A POINT OF REFERENCE:
THENCE RUN NOR7H 003902' WEST, ALONG THE WEST LINE OF SAID SOUTHWEST
WARIER OF SECTION 29, A 0/STANCE OF 7,571.27 FEET: THENCE RUN NORTH 8970'58
EAST, 50.00 FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGU/RE
ROAD AND THE POINT OF BEGINNING; THENCE RUN NORTH 007902" WEST, ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, 30.00 FEET; THENCE RUN NORTH 892058" EAST, 30.00
FEET; THENCE RUN SOUTH 4470.58" WEST, 42.53 FEET TO THE POINT OF BEGINNING.
CON TA/N/NG 450 SQUARE FEET, MORE OR LESS
O6C77TER WA'
PART 2
A PARCEL OF • • LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 29, TO r IP 22
SOUTH, RANGE 28 L • AND ALSO WITHIN THE LANDS DESCRIBED IN OFFTCIA "ECORDS
BOOK 2665, PAGE 633, •• f.JC RECORDS OF ORANGE COUNTY, FLORIDA : ING DESCRIBED
AS FOLLOWS
COMMENCE AT THE SOU7HWEST CORN ' • SAID SECTION • FOR A POINT OF REFERENCE'
THENCE RUN NORTH 00J902" WEST, ALON • E WE NE OF SAID SOUTHWEST
QUARTER OF SECTION 29, A 0/STANCE OF 1,801 • a T; THENCE RUN NORTH 8970'8"
EAST, 50.00 FEET TO A POINT DING ON " ASTER T-OF-WAY LINE OF MAGUIRE
ROAD AND 7HE POINT OF BEGINNING; • NCE RUN SOUTH ' '2" EAST, 42.43 FEET;
THENCE RUN SOUTH 897058" , J0.00 FEET TO A POINT LYIN : AID EASTERLY
RIGHT-OF-WAY UNE; TH . - RUN NORTH 007902- WEST, ALONG SAID £d ' ' Y
RIGHT-OF-WAY LINE -•.00 FEET TO THE POINT OF BEGINNING.
51) DIIARF FT o- ��^
SURVEYOR'S NOTES:
(l) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE WEST LINE OF 7HE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
NORTH 0039'02" WEST.
(3) THE LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS
DAVID A. WHITE, P.S.M.
FLORIDA REGISTRA RON NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC
SHEET I OF 2 CERTIFICATE OF AUTHORIZA AON NO. LB-3556
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1560 • Iola Part Callas • TOO East Robison Stmf • Orlando. Florida 32601 • 407/422-9052
SECTION 29, TOWNSHIP 22 SOUTH. RANGE 2a EAST
GATE 6-13-99 PREP BY: P.S. GRAM BY: A.Y.J. JGB NO OE-331
- �Xlh All '• u-3 `' -
LEGAL DESCRIPTION
RIGHT—OF—WAY TAKING
NW CORNER
SW 1/4
SEC 29-22-28
0
q
ol
P.O.B.
PARr 9-
N892058T s
50.00' 3 " -0,.
T
o O .'�S" SCALE
OCio
3D'
h ; J0.00"
N e h 58920'58" Th.
h N Q W CO
01 VI o
as N, W � -a hZd.,
La
2 QQC- h 3 k O
ZS
TC
Wh Zry�
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(0
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P. O.B. N8920 S8
PART 4 •j0,00'
l EGVVO 50.00' 3
PUB Poen'a Nf Nc N8920'58T ESi
y.
PAC NaNr or rnuavmvavr
PE;
5p '
4
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R/W RIGIT- F-MAr p, O k15�
mair sown Rat " ,jO hh
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0,
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P. O. C. a
SW. CORNER `O
SW. 1/4 50.00'
SHEET 2 OF 2 SEC. 29-22-28 N895325? S. LINE, SW 1/4, SEC 29-22-28
SEE SHEET 1 OF 2 FOR LEGAL TH/S l5 NOT A SURVEY
DESCRIPTOR AND SURVEYORS NOTES
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
S✓ts MO • Edo Pak Centre • 200 Emt Robinson Street • O1a'04 Rol* .I2901 • 4O7/422-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE B-13_99 PREP BY: P.S. DRANK BE A.R.J. AB NO 0E-331
LEGAL DESCRIPTION
RIGHT-OF-WAY-TAKING
LEGAL DESCRIPTION
(Right—of—Way Taking)
A PARCEL OF • / LYING WITHIN THE 5// •" • - 22
SOUTH, RANGE 28 • .ND ALSO WHIN THE LANDS DESCRIBED IN OFFICIAL RECO:/S
BOOK 2665, PACE 6JJ, P :. RECORDS OF ORANGE COUNTY, FLORIDA, B • ' / SCR/BED
AS FOLLOWS'
COMMENCE AT THE SOUTHWEST CORNER 0 =lD S •• 29 FOR A POINT OF REFERENCE;
THENCE RUN NORTH 0039'02" WEST, ALONG • • ST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 29, A DISTANC •- ,677.27 • THENCE RUN NORTH 8920 58"
EAST, 50.00 FEET TO A POINT " - ON THE EASTERLY - -- T OF—WAY LINE OF MAGU/RE
ROAD AND THE POINT OF : INNING' THENCE RUN NORTH 00 "•02• WEST ALONG SAID
EASTERLY RIGHT-0 "AY LINE, J0.00 FEET; THENCE RUN NORTH :' ••58" EAST, 30.00
FEET,' THING /N SOUTH 4420'58" WEST, 425J FEET TO THE POINT • :EG/NNING.
Rice 2w- 3
PART B
A PARCEL OF LAND CMG WITHIN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST AND ALSO WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2665, PAGE 6JJ, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A POINT OF REFERENCE;
THENCE RUN NORTH 003902" HESE ALONG THE WEST UN£ OF SAID SOUTHWEST
QUARTER OF SECTION 29, A DISTANCE OF 1.501.27 FEET; THENCE RUN NORTH 892058"
EAST, 50.00 FEET TO A POINT LYING ON THE EASTERLY RIGHT—OF—WAY LINE OF MAGUIRE
ROAD AND THE POINT OF BEGINNING; THENCE RUN SOUTH 45159.02" EAST, 42.43 FEET;
THENCE RUN SOUTH 8920'58" WEST 3000 FEET TO A POINT LYING ON SAID EASTERLY
RIGHT—OF—WAY LINE; THENCE RUN NORTH 003902. WEST, ALONG SAID EASTERLY
RIGHT—OF—WAY LINE, 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 450 SQUARE FEET, MORE OR LESS
SURVEYORS NOTES..
(1) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
NORTH 003901• WEST.
(J) THE LEGAL OESCR/PITON• HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CL/£NYS REQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER TIRE CLIENT'S
INSTRUCTIONS.
DAVID A. WH/7E, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC
SHEET 1 OF 2 CERTIFICATE OF AUTHORIZATION NO. LB-3556
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1560 • Edo PM Centre • 200 East Ro6N•m Strut • 01m04 no•1!a 82801 • 407/422-8062
SECTION 29. TOWNSHIP 22 SOUTH. RANGE 28 EAST
DATE 6-13-99 PREP SY: P.S. DRAWN St AY.J. JOS NO 0E-331
- attlgl i g,
LEGAL DESCRIPTION •
RIGHT—OF—WAY TAKING
•
NW CORNER
SW. 1/4
SEC 29-22-28
'0
a
cz
P. 0.B.
PART 9"
N892058 E s
50.0O' 3 'S.
Y?t"9
qp `So • TVI VDi
h p `r2 e SCALE
p j 1" = 30'
h. oo
2 '�
co h 6 N 30.00'
N to N 58920 58"W -�
NN Q
0O CA
N Q W h
Ci 3 c5 O 2 o Q
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\q Es... ec ec o jo ~ CI_
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PART 'A" , 30,00
1FOFNO 50.00' �j _
Rae - Pan or eEaAVWRa N892058 E
P.ac - Peer o+rnweecolvr OO 55 AJ a�
.sza - sEcnov 0 5 R/W - 90?-ac-WAY �f t7 k
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0
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SW. 1/4 50.00'
SHEET 2 OF 2 SEC. 29-22-28 N89'S3'26 E S. LINE, SW 1/4, SEC.29-22-28
SEE SHEET 1 OF 2 FOR LEGAL THIS /S NOT A SURVEY
DESCRIPTION AND SURVEYORS NOTES
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sane 1560 • Cola Pat Centre • 200 East Robinson Street • 01a,aa Hernia yWf • W7/422-8062
SECTION 29. TOWNSHIP 22 SOUTH, RANGE 28 EAST
DAME' e-13-99 PREP BY: P.S. DRAM BY: A.9.4. SP Na OE-111
LEGAL DESCRIPTION
RIGHT-OF-WAY TAXING //
LEGAL DESCRIPTION Alf CC (
(Right—of—Way Taking)
A PARCEL OF LAND LYING WITHIN 1H£ SOUTHEAST QUARTER OF SEC770N JO, TOWNSHIP 22
SOUTH, RANGE 28 EAST AND ALSO 1.07H/N 7HE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2665, PAGE 613, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS
COMMENCE AT WE POINT OF INTERSECI7ON OF 7HE WESTERLY RIGHT—OF—WAY LINE OF
MAGU/RE ROAD WITH 7HE SOU7HERLY RIGHT—OF—WAY LINE OF TOMYN ROAD FOR A POINT
OF REFERENCE SAID POINT LYING 50.00 FEET REST OF BY PERPENDICULAR MEASURE, THE
EAST LINE OF SAID SOUTHEAST QUARTER AND 30.00 FEET SOUTH OF, BY PERPENDICULAR
MEASURE, 771E NORTH LINE OF SAID SOUTHEAST QUARTER,' THENCE RUN SOUTH
0079'O2- EAST, ALONG SAID WESTERLY RIGHT—OF—WAY LINE, 770.13 FEET TO THE POINT
OF BEGINNING,. THENCE CONTINUE SOUTH 0059'02" EAST, ALONG SAID WESTERLY
RIGHT—OF—WAY LINE J0.00 FEET; THENCE RUN SOUTH 8920.58' EAST J0.00 FEET, THENCE
RUN NORTH 442058" EAST, 42.4J FEET TO THE POINT OF BEGINNING.
CONTAINING 450 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES
(I) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PRONGED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA77VE TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SEC7/ON 29, TOWNSHIP 22 SOU774, RANGE 28 EAST, BEING
NORTH 0039'02" WEST.
(3) 771E LEGAL DESCRIPAON" HEREON HAS BEEN PREPARED BY 7HE SURVEYOR AT 7HE
CLIENT'S REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) 7HE DEL/NEA770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S
INSTRUCTIONS.
- g- IT —
DAVID A. WHITE, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC. ,
CERTIFICATE OF AUTHORIZATION Na LB-3556 F
SHEET 1 OF 2
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC,
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suns 1560 • Cola Park Centro • 2610 East Reei,sa, Street • Orlando. ;hoick, 32801 • 407/422-8062
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
GATE B-13-99 PREP SY: P.S. DRAWN BY: AM.1 JOB NO: 0E-331
r LEGAL DESCRIPTION
RIGHT-OF-WAY TAKING
N. LINE. 3E1/4, SECJO-22-28 _ 58972'44'W _ -
NE. CORNER /
SE 1/4
SEC. JO-22-28
o 0 0
O TOMYN ROAD (60' R/WJ I o
P. 0. C.
58932'44"w kj#111° 58932'44-w (
S. R/W LINE? 50.00'
SCALE
U. a 20.
Ci
N.
. i.
P. O.B. 0
CO pCO "J o
NC. d
zC
tic p O h i
N vi
58970 5B"W 30.00 Qp L. d
m QC � m
h m
N
O
( "1 ry
o Q ` t ci
/F!.i-ND o a; in
Pali POINT a BEPANPIC
P.ac POW a C,:oeeWCILENr H SEC SECTION
(NW RIOIT-a-WAY L� la lr1
ORB LaK RECOROS BOOK 50.00'
PG P
Sall. SQUARE FEET I3 J 2
1 � Q
W
' Hil
NL LINE, O.R.B. 5583, PG. 1176 SE. CORNER \
/ SE. 7/4 J
SEC. JO-22-28
SHEET 2 OF 2
SEE SHEET 1 2 FOR LEGAL
DESCRIPTON AND SURVEYORS
NOTES 7H/5 /S NOT A SURVEY
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Salle 1360 • Edo Pat Centre • 200 Cast Ra1N.w+ Street • &la,& Fkekla 32801 • 407/422-8062
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE 6-13-99 PREP BY: P.S. DRANN BY: AY.J. JOB ND: OE-331
• LEGAL DrSCRIPTION
II (THIS IS NOT A SURVEY)
- p&iceI D- a
70' DRAINAGE EASEMENT
A STRIP OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22
SOUTH. RANGE 28 EASE DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A
POINT OF REFERENCE; THENCE RUN ORTH 0079'02" WEST, ALONG
THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 29, A
DISTANCE OF 323.17 FEET; THENCE, DEPARTING SAID WEST LINE. RUN
NORTH 885927" EASE 11748 FEET TO THE POINT OF BEGINNING;
THENCE RUN NORTH 0O12O'00 EASE 12122 FEET; THENCE RUN
NORTH 90120'00 EASE J0.00 FEET.. THENCE RUN SOUTH OOT10'00"
EASE /2270 FEET; THENCE RUN SOUTH 885927" WEST 30.00 FEET
TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED STRIP OF LAND LIES IN THE CITY OF OCOEE AND CONTAINS
3,589 SQUARE FEET, MORE OR LESS.
SURVEYORS NOTES
(7) NO ABSTRACT FOR RIGHTS-OF-WAY; EASEMENTS. OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EASE
BEING NORTH 00'39'02" WEST
(J) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR
AT THE CLIENTS REQUEST
(4) 77-1/5 SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH
(5) THE DELINEA DON OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS
INSTRUCTIONS.
EXI1 I '✓I I I' II - FFLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET I OF 2 FILE:CI:\0E251\25IPONDS.DWD
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
Suite 1560 Cola Pork Centre 200 East Robinson Street Orlando. Florida 32801 407/41-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: FEB. 17, 1999 PREP BY: S.E.J. DRAWN BY:J.L.M. JOB NO: 0E-251
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
7
NOT PLA TIED
h h TRACT 2
I PROPOSED
2 N RETENTION POND
Oq
O
SCALE vry N9000'00'E
1- = 50' 3IC:zji
2 to 50' .30.001
N
N
‘Ni II o
O W N
Cc CI,
W O
W ~O Ql o ao
^I Q I Z O p O
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JO.00'
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N 1 TRACT 1
1 NI
PROPOSED
NI RETENTION POND
Nry NOT PLATTED
I . Ci
n� CITY OF OCOEE
SW. 1/4
k LEGEND SEC. 29, TWP. 22 S., RGE.
mIN 4i
N .0 Z P.O.C POINT OF COMMENCEMENT
I q-4
W N O ti P.OS POINT OF BEGINNING
V 0 ry 2 L) O.R.5 OFFICIAL RECORDS BOOK
� Wl PC PAGE
l0(rl RAY RIGHT-OF-WAY
Yi I1 SECAON
TIP TONNSH/P
SHEET 2 OF 2 RGE RANGE FILE:0:\0E251\251PONDS.DWG
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
Suit 1560 Lola Park Centre 200 East Robinson Street Orlando, Florida J2801 407/111-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: FEB. 17, 1999 PREP BY: S.E.J. DRAWN BY:J.L.M. JOB NO: 0E-251
r ,
LEGAL DESCRIPTION
(THIS IS NOT A SURVEY)
- Parcel D- 3 -
A TRACT OF LAND LYING IN INC SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST, DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A
POINT OF REFERENCE: THENCE RUN NORTH 0039'02" WEST, ALONG
THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECT/ON 29, A
DISTANCE OF 897J2 FEET; THENCE, DEPARTING SAID WEST LINE, RUN
NORTH 90170'00- EAST, 70.01 FEET TO are POINT OF BEGINNING;
THENCE RUN NORTH 0039'02" WEST, J02.54 FEET: THENCE RUN
SOUTH 8920'58' WEST 20.00 FEET TO A POINT ON THE EAST RIGHT-
OE-WAY LINE OF MAGUIRE ROAD; THENCE RUN NORTH 0039'02'
WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 40.00 FEET: THENCE,
DEPARTING SAID EAST RIGHT-OF-WAY LINE, RUN NORTH 892058-
EAST, 50.00 FEET' THENCE RUN SOUTH 00:79'02" EAST, J42.88 FEET:
THENCE RUN NORTH 90'00'00- WEST, J0.00 FEET TO THE POINT OF
BEGINNING.
ME ABOVE DESCRIBED TRACT OF LAND LIES IN THE CITY OF OCOEE, ORANGE
COUNTY, FLORIDA AND CONTAINS 0254 ACRES MORE OR LESS
SURVEYOR'S NOTES
(I) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PRO WED TO THIS FIRM.
(2) BEARINGS SHOW HEREON ARE ASSUMED RELATIVE TO ME WFST LINE OF THE
SOL/MWESr QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH. RANGE 28 EAST,
BEING NORM 0039'02" WEST.
(J) ME "LEGAL DESCRIPTION- HEREON HAS BEEN PREPARED BY THE SURVEYOR
AT THE CLIENT'S REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE OEL/NEARON OF LANDS SHOWN HEREON ARE AS PER ME CLIENTS
INSTRUCDONS.
- E(Rt gIT `, c-d l/ -
DAND A. WHITE, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC.
CERTIFICATE OF AUTHORIZA RON NO LB-J556
SHEET I OF 2 FILE:0:\0E251\251PONDS.DWG
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
Suite 1560 Cola Pork Centre 200 East Robinson Street Orlando, Florida 32801 407/422-6062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: APRIL IZ. 1999 I PREP BY: S.E.J. I DRAWN BY: S.E.J. JOB NO: 0E-331
LEGAL DESCRIPTION
1 (THIS IS NOT A SURVEY)
\ 1
� m I I
N
W N 50' N89 2O 587'
cc m 50.00'
U N N
SCALE z h 1)01 Op 5892058"W
d'
OO
20.00'
O 2 I-Li
O Lb
CC 0 N
W 1 z ki
IC I CI
-.S. W CC
v Oa Q N
Ct * Oa
1 h• *I 0 L.
N
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W I N W =
N ,�O V
o h
`'o h o N
c I p Vn Li
NI I 2
N
m
N NN LEGEND
W „q t P.O.C POINT OF COMMENCEMENT
h Op 1 ail P.O.8 POINT OF BEGINNING
OI € CENLERLIN£
SEC SECROV
h 50 MP TOOT/SHIP
2 RGE RANGE
R/W RIGHT OF WAY
N90 00.00 'Li
70.01 I N90'00100"W
11 30.00'
PROPOSED
REVISION: I it RETENTION POND
LEGAL DESCR/P RON N I
5/14/99 S.E.J.
I P. O. C.
SW CORNER
SEC 29-22-28
SHEET 2 OF 2 FILE:0:\0E251\251P0N05.0 WC
PECIPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners OOOOO yore
Salle 1560 Cola Pars Centre 200 East Robinson Skeet Wandb, Florida 32801 407/422-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: APRIL 12, 1999 PREP BY: S.E.J. DRAWN BY: S.E.J. JOB NO: 0E-331
500° N8915'48t SKETCH OF DESCRIPTION'
15.00'
UNPLATTEp Pagel Set
1
OR Bk 5878 Pg 4538
g Orange Co FL I999—Q4B6639
A
w LINE. SW I/4
SEC 29-22-28
O
O U]
tri
co tri
0 co
a LEGEND
O m a 3. W SEC 29-22-2B SECTION ,TOWNSHIP, RANGE
O i r ,.6•4 N R/W RIGHT-OF-WAY'
cc u Is, f CENTERLINE
a e V a ORB OFFICIAL RECORD BOOK
(C c I O 00 PC PAGE
.
S a , Z UL
CO m
¢ z z it
i
SURVEYOR'S NOTES:
W - THIS IS NOT A SURVEY.
- NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL. RAISED SEAL
t OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
1 - BEARINGS BASED ON THE EAST RIGHT-OF-WAY LINE
W OF MACUIRE BOULEVARD. AS BEING NOO'44'12'W
I AN ASSUMED MERIDIAN. 4
• - SEE DESCRIPTION ON SHEET 2 OF 2 •
� UNPLATECO
• =u
Za
Z o N UNE ORO COW PG 440
z I$ COW S89e49'05-W
tp co a, I hereby certify that this sketch. subject to the '
Z x. 15.00' ,yr..,”.s notes contained hereon. meet, the apaica,'
t41 W rc 'Minimum Technical Standards fel IpIB,by the
ZV o Raids Board of Professions Surveyors.and Moppets
lM Ihi NE CORNER ORO COB. PG 440 In Gaoler 61617-6, Florida Admiietrolln Code.
o Itsrs, puuant la Section 472.027. Fiala Salutes.
42 15' X 45' DONALD W. MCINTOSH ASSOOAIES.:IMC.
Lanny
I 1 EASEMENT
2 W ; I � , ORB 4108. PG 440 _
o-6 L�� 7 LIFT STATION OB 41015. PAGE 4708 Jimmy Wm
{� a O ;8"I I IFlorida NI d.Surveyor and Moppet
z N W LINE ORO 4108. PG 440 Certificate No. 5359
S Z O LL -
' NOT VALID MiNWT 1HE SIGNATURE MID THE
D- CROSS CREEK. OF OCOEE
50.00 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
-.ei PLAT BOOK JJ. PACES JO - JI SURVEYOR ANO MAPPER.
PREPARED FOR: •
•
10/19/99 ARMY REVISED OESCRIPOON _
DATE BY DESCRIPTION
REVISIONS
'.' H
ENGINEERSDONALD PLANNERSASSOCIATES,SURVEYORSINC. FI
2200 PARK AVENUW.E NORTH.McINTOS WINTER PARK, FLORIDA 32TB9 (407) 644-4068 SURVEYBOOK PG
•
CERTIFICATE a AUTHORIZATION NO. L965 FOUND
DRAWN BY:"MY CHECKED BY: JIMMY JOB NO. SCALE SHEET I
DATE: 10/7/99 GATE: I0/7/99 86528.0013 1'.100' OF 2 L .:
Fie nano F:\PR0J99\96528\ Oar_ // cf., CC_-A9L1�
— L�(\L�, INI ( (( 1. — 11 J9.F.
SKETCH OF DESCRIPTION
OR Bk 55878 Pg 4539
Orange Co FL 1999-0486639
Recorded < Martha 0. Haynie
DESCRIPTION:
That part of the Southwest 1/4 of Section 29, Township 22 South, Range 28 East,
Orange County, Florida, described as follows:
Commence at the Northwest corner of CROSS CREEK, OF OCOEE according
to the plat thereof, as recorded in Plat Book 33, Pages 30 and 31, of the Public
Records of Orange County, Florida; thence run N 00'44'12" W along the East
right-of-way of Maguire Road for a distance of 45.00 feet to the Northwest
corner of lands described in Official Records Book 4108, Page 440, and the
POINT OF BEGINNING; thence continue N 00'44'12" W along said East !right-
of-way line for a distance of 1085.00 feet; thence run ft89'15'48":E'for a
distance of 15.00 feet; thence run S 00'44'12" E parallel to and 15.00 feet East_..
of said East right-of-way line of Maguire Road for a distance of 1085.15 feet to
the Northeast corner of said lands described in Official Records Book 4108, Page
440; thence run S 89'49'05" W along the North line of said lands for o distance
of 15.00 feet to the POINT OF BEGINNING.
Containing 0.374 acres more or less (16,276 +/- square feet more or less) and
being subject to any rights-of-way, restrictions and easements of record.
PREPARED FOR:
DATE BY DESCRIPTION
REVISIONS
'.' DONALDENGINEERS PL W. McINTANNERSOSH ASSOCIATES, INC.SURVEYORS FI sooK PG
2200 PARK AVENUE NORTH. WINTER PARK. FLORIDA 32709 (407) 644-1068 SURVEY
CER➢ ICA1E OF AUNc1IZAPON NO. LB68
DRAHN BY:JMMY CHECKED OY: JIMMY JOB NO. SCALE SHEET 2 FOUND
DATE: Wain DATE: 10/7/99 86578.0013 1_"100' OF 2 •
t.
Fie Boma F:\PRDJ99\96528\1511E
C54942-344
LEGAL DESCRIPTION
SLOPE EASEMENT
LEGAL DESCRIPTION 1 G`Ce I SE-II
(Slope Easement)
A STRIP OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST AND ALSO WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2665, PAGE 633, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29, FOR A POINT OF REFERENCE;
THENCE RUN NORTH 0079'02" WEST, ALONG PIE WEST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 29, A DISTANCE OF 996.75 FEET; THENCE RUN NORTH 892058"
EAST, 50.00 FEET TO A POINT CMG ON THE EASTERLY RIGHT-OF-WAY UNE OF MAGU/RE
ROAD AND THE POINT OF BEGINNING; THENCE RUN NORTH 0059'02" WEST, ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, 644.46 FEET; THENCE RUN NORTH 44205B" EAST, 14.14
FEET TO A POINT LYING 10.00 FEET EASTERLY OF, AS MEASURED PERPENDICULAR SAID
EASTERLY RIGHT--OF-WAY LINE; THENCE RUN SOUTH 0079'02' EAST, PARALLEL MTH SAID
EASTERLY RIGHT-OF-WAY LINE, 654.46 FEET; THENCE RUN SOUTH 897058" WEST, 10.00
FEET TO THE PO/NT OF BEGINNING..
CONTAIN/NC 6,495 SQUARE FEET, MORE OR LESS.
SURVEYORS NOTES..
(1) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED R£LA 17VE TO THE BEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING •
NORTH 0079'02" WEST.
(3) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CUENYS REQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEA 770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
DA VID A. WHITE,
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC.
SHEET 1 OF 2 CERTIFICATE OF AUTHORIZATION NO. LB-3556
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS,surveyors INC.
engineers planners
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Su Ho 1560 • Edo Pat Canino • WO Cost Ra6h,o, Sine • Olmda Hoick 32801 • 407/422-8062
SECTION 29. TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE 8-13-99 PREP BY: P.S. DRAM BY: A.N.J. JOB NO 0E-331
LEGAL DESCRIPTION
SLOPE EASEMENT
NW CORNER OF io
SW1/4 OF a'
SEC. 29-21-28 rn
N447058
14.14'
00
o
EN• In
h P,
ct-
,c:, 1
LC
V SCALE
1" = 100'
7
I• N 7 h
N Nv b
`Nn in
O in
N1
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t. "le le... O ~ fj
e
ti
O NI O q
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6495 SO.FL ea
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2
Li
2
l F(:FNO \`,..// 3
pas. POINT or BCGNNM'G FC
P.a a POINT a'CCWNEN2YCN I
SEC VCPGN kJ
R/M RICHT-OF-esY
50.FT. SOVARE!Eft
ORB a'VIOAL RCCORD SOCK SI p
-LG NO
PG PAGC N o
2
S8970'58'W
to
P.O.C. N 10.00'
P.O.B.
SW CORNER OF en 0,
SW 1/4 OF
2SEC. 29-22-28 S. LINE SW 7/4,
SEEET SHEETF 12OF 2 FOR LEGAL N895326.8 50.00') `SEC.29-22-28 THIS IS NOT A SURVEY
DESCRIPTION AND SURVEYORS NOTES
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1560 • Ede Pali Centre • 200 East Robinson Street • Orlando. Rondo .52801 • 407/422-8062
SECTION 29. TOWNSHIP 22 SOUTH, RANGE 28 EAST
OAIE: B-13-99
PREP BY: P.S. I ORAViN BYE A M.J. I JOB NO: 0E-ffl
LEGAL DESCRIPTION
SLOPE EASEMENT Arai
LEGAL DESCRIP POW
(Slope Easement)
A STRIP OF LAND LYING WITHIN THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION
29. TOWNSHIP 22 SOUTH, RANGE 28 EAST AND ALSO WITHIN THE LANDS DESCRIBED /N
OFFICIAL RECORDS 800K 2665, PAGE 6JJ, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,
BEING DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID SEC/ON 29 FOR A POINT OF REFERENCE;
THENCE RUN NORTH 00179'02" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 19, A DISTANCE OF 1,807.71 FEET; THENCE RUN NORTH 897058"
EAST, 50.00 FEET TO A POINT LYING ON WE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE
ROAD AND THE POINT OF BEGINNING; THENCE RUN NORTH 0039'02" WEST, ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, 829.74 FEET TO A POINT LYING ON THE SOUTHERLY LIMITED
ACCESS RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY (FL OR/OA 5 TURNPIKE);
THENCE RUN NORM 897058- EAST, ALONG SAID SOUTHERLY LIMITED ACCESS RIGHT-OF-
WAY LINE AND THE EASTERLY EXTENSION THEREOF, 10.00 FEET TO A POINT LYING 10.00
FEET EASTERLY OF, AS MEASURED PERPENDICULAR, SAID EASTERLY RIGHT-OF-WAY LINE OF
MAGU/RE ROAD; WINCE RUN SOUTH 0039'02" EAST, PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY LINE. 8.59.74 FEET; THENCE RUN NORTH 4539'02" WEST, 14.74 FEET TO
THE POINT OF BEGINNING.
CONTAINING 8,J47 SQUARE FEET, MORE OR LESS
SURVEYOR'S NOTES:
(1) NO ABSTRACT FOR RIGHTS-OF-WAY, EASEMENTS OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
NORTH 00179'02" WEST
(J) THE -LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENTS REQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEA TI0N OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS'
INSTRUCTIONS.
— It 4 -
DAND A. WHITE, PS.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CERTIFICATE OF AUTHORIZA ITON Na LB-J556
SHEET 1 OF 2
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suits 1560 • Colo Pak Centro • 200 East Robinson Street • Orlando, Ronda 22807 • 407/422-800
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: 9-12-99 PREP BY: P.S. DRAWN BY: A.M.J. JOB NO: OE-J3I
LEGAL DESCRIPTION
SLOPE EASEMENT
IW
uti.".\
- \�a
^I\ ;n•
�<
y m/ LTh \R
\ aIR �a \.rk,
1 � ,
£ g -. L
Z 3 h
TOMYN ROAD a'k SOWN SEC 29-22-18
(BO• R/W) — ••• i `iZ,i NORM LINE, SW 1/4. 5£C 79-22-25
SOUTH R/W LINE—_
O
NW. CORNER
SW 1/4 W
SEC. 29-27-28� 00
W • h
`,1' v O SCALE
Q , ^ N N 1' = 100
et
LU 1 8J47 SOFT.
Ct W
j h'� o N 14-4 O
V cc:, h 4 'Sj b
u a3
1.4 h W N
2 a
\-• K. m
U) W Li
.t W o
•Li
W
N4539.02"W 14. 14'
NB970'S8 t LECL p
5200' / O dB. POINT OF BEGINNING
PQC FONT 6 RLMENCLWENI
SEC SCCIICN
-iy MV MOIr-OF-WAY
P. O.C.
MFI. SQUARE FOOT
'af co b. € CENTERLINE
• 08 0 LA UNTO ACCESS
SW. CORNER P.eWI PARKWAY
SW. 1/4 OF I
SEC. 29-22—J MOO' SOUTH LINE, SW.1/4, SEC 29-22-29
B9SJ')e
SHEET 2 OF 2
SEE SHEET I OF2 FOR LEGAL
THIS IS NOT A SURVEY
DESCRIPTION AND SURVEYORSORENOTES
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Salle 1560 • rob Pork Centre • 200 East Robinson Street • aia,Ea noes 32801 • 407/477-B052
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
OAR 6-13-99 PREP 9r PS DRAWN Br A.M.A. .IOB NO: OE-331
LEGAL DESCRIPTION
SLOPE EASEMENT �//
LEGAL DESCRIPTION — P&Cie( SC- I o
(Slope Easement)
A STRIP OF LAND LYING M7H/N THE SOUTHEAST QUARTER OF SEC/iON JO, TOWNSHIP 22
SOUTH, RANGE 28 EAST AND ALSO WITHIN THE LANDS DESCRIBED IN OFT7CIAL RECORDS
BOOK 2555, PAGE 6JJ, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS
COMMENCE AT THE POINT OF/NTERSEC77ON OF THE WESTERLY RIGHT—OF—WAY LINE OF
MACUIR£ ROAD WITH THE SOUTHERLY RIGHT—OF—WAY UNE OF TOMYN ROAD FOR A POINT
OF BEGINNING, SAID POINT LYING 50.00 FEET WEST OF, BY PERPENDICULAR MEASURE, THE
EAST LINE OF SAID SOUTHEAST QUARTER AND 30.00 FEET SOUTH OF BY PERPENDICULAR
MEASURE, THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE RUN SOUTH
003902" EAST, ALONG SAID WESTERLY RIGHT—OF—WAY LINE; 770.13 FEET,. THENCE RUN
SOUTH 442038" WEST, 74.14 FEET TO A POINT LYING 10.00 FEET WEST OF, BY
PERPENDICULAR MEASURE, SAID WESTERLY RIGHT—OF—WAY LINE; THENCE RUN NORTH
0039'02" WEST, PARALLEL WITH SAID WESTERLY RIGHT-OF—WAY LINE, 780.16 FEET TO A
POINT LYING ON THE AFORESAID SOUTHERLY RIGHT—OF—WAY LINE OF TOMYN ROAD; THENCE
RUN NORTH 89152'44" EAST, ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE, 10.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 7,751 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES:
(1) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS ARM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA T7VE TO THE VEST UNE OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 FAST BEING •
NORTH 003902" WEST
(3) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CUENYS REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DEUNEA770N OF LANDS SHOWN HEREON ARE AS PER THE CUENYS INSTRUCTIONS.
UC T —
DAM A. WHITE, P.SM.
FLORIDA REGISTRA RON NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC
SHEET 1 OF 2 CERTIFICATE OF AUTHORIZA RON NO. LB-3556
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1560 • Eels Park Canby 200 Lost Robinson Street - Wmdu. Florida 32801 • 407/422-8062
SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST
GATE 0-13-99 PREP BY: P.S. DRAM BY: AY.1 J00 NO: CC-331
LEGAL DESCRIPTION
SLOPE EASEMENT
N. UNE. SEl/4, 60' R/WJ
/SEC.30-z2-28 TOMYN ROAD _ ��NE CORNER
N89:12'44E o 70.00. SE 1/4
LSOU7H R/W LINE
_ "1 SEC. 30-22-28
N8932'44 E 50.001
frn
IO l m -IN SCALE
ai r = IOC
CS
O m N CZ)N
^ Q
'N
NOT PLATTED h o i21 W
(O.R.B. 2665, PG. 633) 0,, 0) IQ
j
o -
(1) Q �
I
7751 sa. Er B
mI
ry
ECL NO N
o
SEC - POW OF BCONMNG
REM - SecRIGHT-OF-WAY
v
ORBRAM - 090AL RECORDS
cr,
PC - PAGE F£CY1P05 BOOK
P4' - PAGE \
Lu HCji
J W
5442058°W 74.14' o \ ti
o
74
S8920'58-W y
�NCRTN LINE O.R.B. 5583, PG. 1176 •N SE. CORNER
sE. 7/4
SHEET 2 OF 2 SO.Oa. e SEC. 30-22-28
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1560 • Edo Park Caning • 200 East Robinson Strut • Orlando. Florida J2801 • 402/422-8062
SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DAIL B-13-99 PREP BY: PS. DRAM BY: A.U.J. JOB NO: 0E-331
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Pacce l '( C -31 -
LEGAL DESCRIPTION
(Temporary Construction Easement)
A STRIP OF LAND LYING WITHIN THE SOU7HWFsr QUARTER OF SECTION 29• TOWNSHIP 22
SOUTH• RANGE 28 EAST AND ALSO WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2565, PAGE 6J3, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A POINT OF REFERENCE;
THENCE RUN NORTH 00'89'02" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 29. A 0/STANCE OF 33808 FEET, THENCE RUN NORTH 892058"
EAST, 50.00 FEET TO A POINT LYING ON 171E EASTERLY RIGHT-OF-WAY UNE OF MAGUIRE
ROAD AND 171E POINT OF BEGINNING; THENCE RUN NORTH 00179'02" WEST, ALONG SAID
EASTERLY RIGHT-OF-WAY UNE, 94.00 FEET, THENCE RUN NORTH 8970'58" EAST, 45.00
FEET; THENCE RUN SOUTH 0039'02" EAST PARALLEL WITH AND 45.00 FEET EAST OF, AS
MEASURED PERPENDICULAR, SAID EASTERLY RIGHT-OF-WAY UNE, 94.00 FEET,' THENCE RUN
SOUTH 892058 WEST, 45.00 FEET TO 771E POINT OF BEGINNING.
CONTAINING 4,230 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES.;
(1) NO ABSTRACT FOR R/GHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY TH/S FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELARV£ 70 171E WEST LINE OF 771E
SOUTHWEST OUAR7ER OF SEC170N 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
•
NORTH 0039'02' WEST:
(3) 774E "LEGAL DESCR/PT70N° HEREON HAS BEEN PREPARED BY THE SURVEYOR AT 7HE
CLIENT'S REQUEST.
(4) 771/S SKETCH DOES NOT REPRESENT A FIELD SURVEY. AS SUCH.
(5) 7HE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CU£NYS INSTRUC77ONS
- XfIgI( " p
OAVID A. WHITE, P.S.M.
FLORIDA REGISTRA BON NO. 4044
PROFESSIONAL ENGINEERING CONSUL TAN7S, INC.
SHEET 1 OF 2 CERTIFICATE OF AUPHORIZA WON NO. LB-3556
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC,
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1360 • Edo Pak Centre • 200 Lost Robktnn Street • Orlando, nee66 32801 • 407/422-8062
SEC110N 29. TOWNSHIP 22 SOUTH. RANGE 28 EAST
DAZE 8-13-99 PREP BY: P.S. DRAY... BY: D.GG JOB NO: CE-331
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NW CORNER 2
SW 1/4 OF
w sEC29-22-28 N NOT PLATTED
1 h W
1N \
I N8920 58£ 45.00'
7 • W
W • cn 1/4
3 de
O j
k
tn ku W ti
kJ Et p
SCALE L. J
1' = 20 L. . C) U
o J Q3
W �CC 'CO O
3 V: 7 O b
L/ oLLJ
p h 0,
'1 4230 SQ. FT. ± ,W y h
tz
'C ry NO h `O
CON
1N 2 h O
0
tn
0
•
•
N8920'58 E P.O.B.
50.00' / 58970 58'W 45.00'
I
` I.Ln NOT PLATTED
0
I0
h T
G GNp
P.O.C. Ana - Acta o•8Eamwvc
Ana - PCeer OFCYWadENcarar
SW CORNER sea - steamN89t5J'26 E 50.00' Rr - aOlr-OF-WAr
SEC.29-22-28 • — -S LINE, SW 1/4. SEC.29-22-28 son - SOZMRE MT
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION ANO SURVEYORS NOTES THIS IS NOT A SURVEY
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suits 1560 • Edo Pak Contra • 2C0 East Robinson Street • &1on04 Fordo 32807 • 407/422-8062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE B-13-99 PREP SY: P.S. CRAM BY: O.CC. .C6 HO OE-331
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
pGrce I i cE-3; -
LEGAL DESCRIPTION
(Temporary Construction Easement)
A STRIP OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22
SOUTH. RANGE 28 EAST AND ALSO WITHIN THE LANDS DESCRIBED IN OFF C/AL RECORDS
BOOK 2665. PAGE 633, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 29 FOR A POINT OF REFERENCE;
THENCE RUN NORTH 0079'02" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER OF SEC770N 29, A DISTANCE OF 929.26 FEET; THENCE RUN NORTH 8920'58'
EAST, 50.00 FEET TO A POINT LYING ON THE EASTERLY RIGHT—OF—WAY LINE OF MAGUIRE
ROAD AND 7HE POINT OF BEGINNING THENCE RUN NORTH 0039'02' WEST ALONG SAID
EASTERLY RIGHT—OF—WAY LINE, 100.00 FEET; THENCE RUN NORTH 892058" EAST, 46.00
FEET; THENCE RUN SOUTH 00'39'02' EAST, PARALLEL WITH AND 46.00 FEET EAST OF, AS
MEASURED PERPENDICULAR, SAID EASTERLY RIGHT—OF—WAY LINE. 100.00 FEET; THENCE RUN
SOUTH 8970'58" WEST, 46.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,600 SQUARE FEET, MORE OR LESS
SURVEYOR'S NOTES
(7) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA7/VE TO TN£ WEST LINE OF THE
SOUTHWEST QUARTER OF SEC770N 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BE/NC
NORTH 0039'02" WEST.
(3) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENYS REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DEL/NEA770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCT7ONS.
- EXu-n3rr `• D-a '' -
DAND A. WHITE, P.S.M.
FLORIDA REGISTRA77ON NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC.
SHEET 1 OF 2 CER77F7CA7E OF AUTHORIZA DON NO. LB-3555
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1560 • Iola Pak Cahn • 200 Ent Robinson Street • blond. Rata 32801 • 407/422-8062
SECTION 31. TOWNSHIP 22 SOUTH. RANGE 28 EAST
DATE 6-13-99 PREP BY: P.R. CRAM BY A.U.J. JOB Not 0E-331
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NW CORNER
SW I/4
SEC. 29-22-28
NOT PLA77E0
50.00'
SCALE
u N892058£ 1• = 30'
m 46.00'
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s6c secnav f N892058 E 46.00'
RAY SPIT-Os-WAY
aro 0TIa4L RECORDS soar 50.00'
I i 8920'56"W
PG PAX
San sovAR6 FEET P. O.B.
L.
.O n NOT PLATTED
t.°-
P. O. C.
SW CORNER N895326E /
SW. 7/4
SEC. 29-22-25 50.00' '-S LINE, SW 7/4, SEC.29-21-28
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION AND SURVEYORS NOTES 774/5 IS NOT A SURVEY
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1560 • Colo Pat Centre • 200 East Robinson Sine • Orlando. Florida 32507 • 407/422-8062
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE 6-13-99 PREP BY: P.S. DRAM 80 AY.1 Ae NO: 0E-131
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Pa2c TC-C 33 -
LEGAL DESCRIPTION
(Temporary Construction Easement)
A STRIP OF LAND DING WITHIN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST AND ALSO WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2665, PAGE 6J3, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS
COMMENCE AT 7Hf SOUTHWEST CORNER OF SAID SECTION 29 FOR A POINT OF REFERENCE,'
THENCE RUN NORTH 0039'02 WEST, ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 29 A DISTANCE OF 59782 FEET THENCE RUN NORTH 90220'00"
EAST 50.00 FEET TO A POINT LYING ON THE EASTERLY RIGHT—OF—WAY L/NE OF MAGU/RE
ROAD AND THE POINT OF BEGINNING; THENCE RUN NORTH 0039.02" WEST, ALONG SAID
RIGHT—OF—WAY LINE, 100.00 FEET,' THENCE RUN NORTH 8920'58" EAST, 20.00 FEET;
THENCE RUN 50U7H 0039'02" EAST, PARALLEL WITH AND 20.00 FEET EASTERLY OF,. AS
MEASURED PERPENDICULAR, SAID EASTERLY RIGHT—OF—WAY UNE, T00.23 FEET THENCE RUN
NORTH 9000'00" WEST, 20.00 FEET TO PIE POINT OF BEGINNING.
CONTAINING 2,002 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES:
(I) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA7TVE TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST BE/NC
NORTH 003902" WEST
(3) THE "LEGAL DESCRIPRON" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST.
(4) THIS SKETCH DOES Nor REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELNEA770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
- Cxf 611 `' D - 3 G -
DAVID A. WHITE, P.SM
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET 1 OF 2
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sulfs 7560 • Edo Pao Cents • 200 East RSMs i Stint • Orlando. Flatu 32e01 • 407/422-13062
SECTION 29. TOWNSHIP 22 SOUTH. RANGE 25 EAST
OATS B-13-99 PREP BY: P.S. ORAYtI BY: AY.J. 4019 NO: 0E-331
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
I
NW CORNER OF
SW1/4 OF co
m
SEC 29-22-28 I N NOT PLATTED
N
N
Ci
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0
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?09. PCaNT Or BECK vMC
P a a POINT OFcauueNcruF9r 3 N892058 E
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ENO
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ti 2 N9000'00 E
o 50.00' N9OVO'00"W
44 P.O.B. 20.00'
La
IN 3 h
n: n NOT PLA TIED
CO LI m
W
C.
P.O.C.2
SWCORNER OF
SW 1/4 OF
SEC 29—2221- 8 N895J16"E
SHEET 2 OF 2 50.00' ' S. LINE, SW 1/4,
SEE SHEET I OF 2 FOR LEGAL SEC. 29-11-28 THISlS NOT A SURLY
DESCRIPTION AND SURVEYORS NOTES
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suit. 1560 • Edo Pon Centre • 200 East Realism Stnnt • Olndo Florida 32801 • 40/422-6062
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
OAR: 8-13-99 PREP Et P.S. ORAYN BY: A.4.1 JOB NO: 0E-331
THIS INSTRUMENT PREPARED BY E i+I et I t E - 1, r
AND SHOULD BE RETURNED TO:
Mary A. Doty, Esq.
FOLEY&LARDNER
Ill North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
DRAINAGE EASEMENT
THIS INDENTURE is made and entered into as of the day of
1999, by , whose
address is (hereinafter referred to as the
"Grantor") for the benefit of the CITY OF OCOEE, a Florida municipal corporation, whose
mailing address is 150 North Lakeshore Drive, Ocoee, Florida 32761 (hereinafter referred to
as the "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee"
include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and
assigns of corporations, partnerships [including joint ventures],
public bodies and quasi-public bodies.)
WITNESSETH:
THAT the Grantor in consideration of TEN DOLLARS ($10.00) paid by the
Grantee and other valuable considerations, the receipt and sufficiency of which is hereby
acknowledged, does hereby give and grant to Grantee and its assigns, a perpetual easement for
drainage and access purposes, with full authority to enter upon, construct, operate, repair, and
maintain, as the Grantee and its assigns may deem necessary, drainage pipes and facilities and
other related appurtenances over, under, and upon the following described lands situate in
Orange County, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF (hereinafter
referred to as the "Easement Property").
006.149514.1
TO HAVE AND TO HOLD said easement unto the Grantee and its assigns
forever.
The Grantee and its assigns shall have the right of ingress and egress over, upon
and across the Easement Property at all times for the purpose of constructing, operating,
repairing and maintaining the drainage pipes and facilities and other related appurtenances and
for further purpose of ingress and egress to and from a retention pond and related drainage
facilities located in the vicinity of the Easement Property. The Grantee and its assigns shall
have the right to clear and keep clear all trees, undergrowth, and other obstructions that may
interfere with normal operation or maintenance of the drainage pipes and facilities and other
related appurtenances, out of and away from the Easement Property, and the Grantor agrees
not to build, construct, or create, nor permit others to build, construct, or create any buildings
or other structures on the Easement Property that may interfere with the use of the Easement
Property for the purposes set forth he-rein or with the normal operation or maintenance of the
drainage pipes and facilities and other related appurtenances.
Except as expressly set forth herein, the Grantor reserves the right to utilize the
Easement Property for any purpose which does not interfere with the use of the Easement
Property by Grantee and its assigns for the purposes set forth herein.
Grantor warrants and represents that it has fee simple title to the Easement
Property and that it has full right, authority and capacity to grant this easement; that the
Easement Property is free and clear of all liens, mortgages and encumbrances whatsoever,
except for real property taxes not delinquent; and that it will defend the same against the claims
of all parties.
IN WITNESS WHEREOF, the Grantor has executed these presents as of the
day and year first above written.
Signed, sealed and delivered in the presence: GRANTOR:
Print Name:
Print Name:
2
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1999, by , as of
corporation, on behalf of the corporation. He/She is ❑
personally known to me or El has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this day of
1999.
Notary Public
Print Name
My Commission Expires:
3
Orange Co FL 1999-0486639
111099 10:06:37ae
OR Bk 5878 Pg 4536
THIS INSTRUMENT PREPARED BY: Rec 19.50 DSC .70
James W. Shim, P.E.
CITY OF OCOEE La _ nly� '( t, �,? y
150 N. Lakeshore Drive (�hl I 8
Ocoee, FL 34761
407-656-2322
RETURN TO:
Jean Grafton,City Clerk
CITY OF OCOEE For Recording Purposes Only
150 N. Lakeshore Drive
Ocoee, FL 34761
407-656-2322
EASEMENT
THIS INDENTURE, made this at t day of October, 1999, by and between HELLER
BROS. GROVES a Florida general partnership, whose address is 306 9th Street, Winter Garden,
Florida 34787, hereinafter referred to as Grantor, in favor of the CITY OF OCOEE, FLORIDA, a
municipal corporation duly created and existing under and by virtue of the laws of the State of Florida,
whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as
Grantee:
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable
considerations in hand paid to the Grantor by the Grantee, the receipt and sufficiency of which is
hereby acknowledged, said Grantor does hereby grant, bargain, sell, convey and warrant to the
Grantee, its successors and assigns forever, art easement over, through and under that certain piece,
parcel or tract of real estate situated in the County of Orange, State of Florida, more particularly
described as:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE
The easement granted is more particularly described as the right and privilege of the Grantee
and its agents to enter over, on, through or under the above described tract of land, for the purpose of
installing, maintaining, operating and repairing a sanitary sewer force main, together with the rights,
easements, privileges and appurtenances in or to said land which may be required for the full
enjoyment of the rights herein granted. The easement, rights and privileges granted herein shall be
perpetual.
The Grantor hereby covenants with the Grantee that Grantor is lawfully seized of said land in
fee simple; that Grantor has good right and lawful authority to sell and convey the said easement, and
that the real property described above is free of all liens, mortgages and encumbrances of every kind
except for real property taxes not delinquent and easements, restrictions and other matters of record.
IN WITNESS WHEREOF the Grantor has hereunto set its hand and seal the day and year
above written.
Signed, sealed and delivered "GRANTOR"
in the presence of:
-ELLER BROS. GROVES, a Florida general
partnership
By: 1- .LLER BROS. RACKING CO , a
P L• G.79 d 5nt, i_ Florida corpo ation, managinsien al
partner
Prin Namex/ �., 1�Q r/l'S
(((JJJ JJJ / H LER,
(CORPORATE SEAL) .
006.157888.1 ..
OR Bk 5878 Pg 4537
Orange Co FL 1999-0486633
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 Harvey R. Heller well known to me
to be the President of Heller Bros. Packing Corp., a Florida corporation, managing general partner of
HELLER BROS. GROVES, a Florida general partnership, and that he acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under the authority duly
vested in him by said corporation an artnership and that the seal affixed thereto is the true corporate
seal of said corporation. He is [ personally known to me, or [ ] produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this (9/ day of
October, 1999.
{Notary Seal must be affixed} .
_ iu, ir. • Aft
Si: G ^=- • •:7 RYN E.DAMS
:P :0 )MY COMMISSION ICC 749134
+'. ::`'. EXPIRES:June 27,2002
Commission Number (if no legible on seal):
My commission Expires (if not legible on seal):
THIS INSTRUMENT PREPARED BY _ tfsl ( I V " E-3
AND SHOULD BE RETURNED TO:
Mary A.Doty,Esq.
FOLEY&LARDNER
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
NON-EXCLUSIVE PERPETUAL SLOPE
EASEMENT AGREEMENT
THIS NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT
is made and entered into this day of 1999, by and between
, whose address is
(hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a Florida
municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761,
(hereinafter referred to as the "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit A attached hereto
and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a non-exclusive perpetual slope easement over, upon, and across
the Easement Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
Section 1. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to
Grantee a non-exclusive perpetual slope easement over, upon and across the Easement
Property for the purposes hereinafter stated (the "Easement"), all subject to the terms,
conditions, and limitations set forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor
has fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantor has full power and authority to
grant this Easement as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purposes
of Grantee, through itself, its agents, contractors, consultants, and employees
constructing a side-slope to support the improvements to Maguire Road as part of the
Maguire Road Widening Project, over, through, or under the Easement Property, with
the privilege of entering upon said land for the purpose of maintaining, operating, and
repairing said slope, together with the rights, easements, privileges, and appurtenances
in or to said land which may be required for the full enjoyment of the rights herein
granted.
Section S. For the full enjoyment of the rights granted herein, the Grantee
shall have the further right to trim, cut, or remove trees, bushes, undergrowth, and
other obstructions or improvements interfering with the location, construction, and
maintenance of the slope improvements. The Grantor further grants to Grantee the
right to enter upon adjoining lands of the Grantor at reasonably available access points,
for the purposes of exercising the easement rights herein granted.
Section 6. This Easement is non-exclusive, and Grantor reserves to itself,
its successors and assigns, the non-exclusive right to use, pass and repass over and
upon the Easement Property. Each party shall use the rights granted and reserved by
this Easement Agreement with due regard to the rights of the other party to use and
enjoy the Easement Property. Grantor, however, shall not construct, install, or place
any improvements on, over, under, through, or across the Easement Property without
the prior written consent of Grantee.
Section 7. To the extent permitted by law, the Grantee agrees to indemnify
and hold harmless the Grantor from and against any and all claims, actions, causes of
action, loss, damage, injury, liability, cost or expense, including without limitation
attorneys' fees (whether incurred before, during or after trial, or upon any appellate
level), arising from the Grantee's use of the Easement Property or from the exercise by
the Grantee of any rights granted by this Easement Agreement.
Section 8. The Easement shall be binding upon and inure to the benefit of
the parties specified herein, their respective legal representatives, successors and
assigns, and the benefits and burdens hereof shall run with the Easement Property.
Section 9. This Easement Agreement may be modified or amended only
upon the mutual written consent of Grantee and Grantor, or their respective legal
representatives, successors and assigns.
2
006.148245.1
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above
written.
Signed, sealed and delivered GRANTOR:
in the presence of:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, by . He/She is Qpersonally
known to me or ❑ has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 1999.
Notary Public
Print Name
My Commission Expires:
3
006.148245.1
Signed, sealed and delivered GRANTEE:
in the presence of: CITY OF OCOEE, a Florida municipal
corporation
By:
Print Name Name: S. Scott Vandergrift
Title: Mayor
Print Name Attest:
Name: lean Grafton
Title: City Clerk
[Affix 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 , 1999
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. .
1999.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He
is U personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 1999.
Notary Public
Print Name
My Commission Expires:
006.148245.1 4
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty,Esq.
FOLEY&LARDNER
Ill North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
INSERT
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 1999, by and between INSERT
NAME OF GRANTOR whose address is INSERT GRANTOR'S ADDRESS
(hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a Florida
municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761,
(hereinafter referred to as the "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit A attached hereto
and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a non-exclusive temporary easement over, upon and across the
Easement Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
Section 1. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and coveys to
Grantee a non-exclusive temporary easement over, upon and across the Easement
Property for the purposes hereinafter stated (the "Easement"), all subject to the terms,
conditions, and limitations set forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor
has fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantor has full power and authority to
grant this Easement as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose
of Grantee, through itself, its agents, contractors, consultants and employees: (a)
performing such activities on the Easement Property as Grantee may deem reasonably
necessary in connection with the design, engineering, and construction of
improvements to a certain roadway known as Maguire Road which is located adjacent
to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the
Easement Property and the driveways, walkways, and other improvements thereon with
the construction of the Maguire Road Widening Project (the "Project") undertaken by
the City in conjunction with the aforesaid activities on the Easement Property.
Notwithstanding the foregoing, this Easement is granted upon the condition that the
sloping and/or grading upon the Easement Property shall not extend beyond the
Easement Property and that all grading or sloping shall conform to all existing
structural improvements within the Easement Property and all work will be performed
in such a manner that existing structural improvements will not be damaged.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself,
its successors and assigns, the non-exclusive right to use, pass and repass over and
upon the Easement Property. Each party shall use the rights granted and reserved by
this Easement Agreement with due regard to the rights of the other party to use and
enjoy the Easement Property.
Section 6. The Easement shall terminate upon the earlier of (a) the
completion of the construction of the Project as certified by the City, or (b) December
31, 2001. Upon termination of the Easement, Grantee shall record a Notice of
Termination in the Public Records of Orange County, Florida.
Section 7. Grantee shall, at its sole cost and expense, restore any
improvements on the Easement Property that are damaged by Grantee incident to its
construction of the Project to a condition which approximates as closely as is
reasonably practicable the condition of said improvements prior to being damaged by
Grantee.
Section S. To the extent permitted by law, the Grantee agrees to indemnify
and hold harmless the Grantor from and against any and all claims, actions, causes of
action, loss, damage, injury, liability, cost or expense, including without limitation
attorneys' fees (whether incurred before, during or after trial, or upon any appellate
level), arising from the Grantee's use of the Easement Property or from the exercise by
the Grantee of any rights granted by this Easement Agreement.
006.156199.7 2
Section 9. To the extent that any rules, regulations or ordinances of the
Grantee or any previously existing development approvals or any agreement between
the Grantor (or its predecessors in interest) and the Grantee require that certain
improvements, including but not limited to walls, signage, landscaping, irrigation and
berming, be constructed or installed within all or any portion of the Easement
Property, the Grantor agrees that it shall not construct or install any such improvements
within the Easement Property until the earlier of (i) the date of termination of this
Easement Agreement, or (ii) the written approval by the Grantee of a specific
improvement within the Easement Property. The aforementioned restrictions may be
waived by Grantee in whole or in part, at the Grantee's option. The Grantor may from
time-to-time request the approval of Grantee to construct or install certain
improvements within the Easement Property and Grantee covenants and agrees to grant
such approval unless the Grantee makes a good faith determination that such
improvement will interfere with the exercise by Grantee of its rights and privileges
under the terms of this Easement Agreement. Grantee covenants and agrees that it will
not defer or delay the issuance to Grantor of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantor to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's
sole cost and expense, promptly complete any such deferred or delayed improvements
upon the termination of this Easement Agreement or the waiver of such restriction by
the Grantee. Nothing contained in this Section shall be construed to release or
discharge the Grantor from any of its obligations and responsibilities with respect to
improvements to be constructed or installed within the Easement Property. This
Section is intended only to affect the timing of the Grantor's compliance with any such
obligations and responsibilities.
Section 10. The Easement shall be binding upon and inure to the benefit of
the parties specified herein, their respective legal representatives, successors and
assigns, and the benefits and burdens hereof shall run with the Easement Property.
Section 11. This Easement Agreement may be modified or amended only
upon the mutual written consent of Grantee and Grantor, or their respective legal
representatives, successors and assigns.
•
006.156199.1
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above
written.
Signed, sealed and delivered GRANTOR:
in the presence of:
INSERT
By:
Print Name Name:
Title:
Print Name
STATE OF INSERT
COUNTY OF INSERT
•
The foregoing instrument was acknowledged before me this day of
INSERT 1999, by INSERT. He/She is 0 personally known to me or ❑ has
produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of INSERT 1999.
Notary Public
Print Name
My Commission Expires:
4 006.156199.1
Signed, sealed and delivered GRANTEE:
in the presence of: CITY OF OCOEE, a Florida municipal
Corporation
By:
Print Name Name: S. Scott Vandergrift
Title: Mayor
Print Name Attest:
Name:
Title: City Clerk
[Affix 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 INSERT UNDER AGENDA ITEM
LEGALITY THIS DAY OF NO. VIII C.
INSERT 1999.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
•
The foregoing instrument was acknowledged before me this day of
INSERT 1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He/She is ❑
personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of INSERT 1999.
Notary Public
Print Name
My Commission Expires:
5 006.156199.1
006.156199.1 6
EXHIBIT "F"
Construction Plans for City of Ocoee, Maguire Road Segment 1 from South of
Roberson Road to Tomyn Road, Orange County (60% Submittal - 8/30/99) - Sheets 1-
100, with the following correction:
Change Note on Sheet 22 (construct 43" x 68" pipe (by others)) to reflect constructed
by City of Ocoee.
006.157243.1