Loading...
HomeMy WebLinkAboutVII (D) Discussion Re: Doss Property Purchase Agreement December 24, 2003 Agenda 01/06/2004 Item VII D FOLEY & LARDNER 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801-2386 P. O. BOX 2193 ORLANDO, FLORIDA 32802-2193 407.423.7656 TEL 407.648.1743 FAX www.foley.com FOLEVILARDNER A T TOR N E Y S A T LAW WRITER'S DIRECT LINE 407.244.3248 prosenthal@foley.com EMAIL CLIENT/MATTER NUMBER 020377-0667 Mr. Richard A. Doss 576 South Kissimmee Avenue Ocoee, FL 32761 Re: Purchase by City ofOcoee Dear Mr. Doss: Please find attached a proposed Purchase Agreement for your review. The Agreement provides for a purchase price of $35,000 and for the City to pay all closing expenses except for the normal proration of real estate taxes. Since it will be necessary for the City to obtain a title commitment, survey and environmental assessment of the property, we have provided for an inspection period that ends on February 19, 2004 and for a closing on March 1, 2004. The City would have the right to terminate the contract if there are any problems with the title, surveyor environmental condition of the property. If the contract is acceptable, please go to the City Clerk's office and execute 2 originals which will be retained by the Clerk. We have placed this item on the January 6, 2004 City Commission agenda for approval of the contract. If you have any questions or want to talk about anything in the contract, please call. If I'm not at my desk, you can leave a voice mail message. Happy Holidays. Sincerely, Paul E. Rosenthal City Attorney City ofOcoee cc: Jim Gleason, City Manager Jean Grafton, City Clerk Enclosures BRUSSELS CHICAGO DENVER DETROIT JACKSONVILLE LOS ANGELES MADISON MILWAUKEE ORLANDO SACRAMENTO SAN DIEGO SAN DIEGO/DEL MAR SAN FRANCISCO TALLAHASSEE TAMPA TOKYO WASHINGTON, D.C. WEST PALM BEACH 006.320191.1 FOLEY: LARDNER A T TOR N E Y S A T LAW 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801-2386 P. O. BOX 2193 ORLANDO, FLORIDA 32802-2193 TELEPHONE: 407.423.7656 FACSIMILE: 407.648.1743 WWW.FOLEY.COM MEMORANDUM CLIENT-MATTER NUMBER 020377-0667 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: December 23,2003 RE: Purchase from Doss Pursuant to the direction of the City Commission, attached hereto is a proposed Purchase Agreement with Richard A. Doss and Reba N. Doss. We have provided for normal review of title, survey and environmental and have included sufficient time to accomplish such reVIew. Highlights of the Agreement are: 1. Purchase Price: $35,000.00 2. City pays all closing costs, except for proration of taxes. 3. An Inspection Period which expires on February 19,2004. 4. Closing on March 1,2004. Staff will identify the funding source with respect to the purchase. Based on the previous action, it would be appropriate for the following motion to be made: Move approval ofthe Purchase Agreement with Richard A. Doss and Reba N. Doss with funding as identified by staff and authorize execution thereof by the Mayor and City Clerk, and further authorize the Mayor and City Clerk to sign all closing documents and direct staff to obtain a survey and environmental site assessment with respect to the property. FOLEY & LARDNER 006.320192.1 PURCHASE AGREEMENT This Purchase Agreement (the "Agreement") is made and entered into this _ day of January 2004 (the "Effective Date"), by and between RICHARD A. DOSS and REBA N. DOSS, whose address is 576 South Kissimmee Avenue, Ocoee, Florida 34761 (hereinafter referred to as the "Seller"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City"). WIT N E SSE T H: WHEREAS, the Seller is the owner of fee simple title to certain real property located in Orange County, Florida, as more particularly described in Exhibit" A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, the City is a Florida municipal corporation which IS authorized to purchase real property pursuant to Chapter 166, Florida Statutes; and WHEREAS, Seller has agreed to sell the Property to the City, and the City has agreed to purchase the Property, together with any and all improvements, structures, fixtures and appurtenances thereto on the terms and conditions stated below; and NOW, THEREFORE, in consideration of the promises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 006.317078.3 2. The Purchase - The Property. Seller agrees to sell and the City agrees to purchase, for the purchase price and on the terms and conditions herein set forth, the Property, together with all tenements, hereditaments, riparian rights, improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining thereto and all of the Seller's right, title, and interest therein. The Seller shall convey to the City marketable, fee simple title to the Property by general warranty deed free and clear of all liens, mortgages and encumbrances, except for restrictions, reservations and easements 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 Property, including without limitation of the foregoing, all right, title and interest of Seller in and to any land lying in the bed of any street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated). 3. Survey and Legal Description. (a) On or before February 13, 2004, the City shall obtain, at the City's expense, a boundary survey of that portion of the Property in accordance with the Minimum Technical Standards for Surveys in the State of Florida (Chapter 61GI7-6, Florida Administrative Code) and in accordance with the City's survey standards (hereinafter referred to as the "Survey"). The Survey shall show all easements, encroachments or overlaps on the Property, and all matters affecting title which are capable of being shown on a survey and are set forth in Schedule B-2 of the Title Commitment (as hereinafter defined). The Survey may also show the relationship of the Property to any adjacent parcels owned by Seller and the location of ingress 2 006.317078.3 and egress to the Property. The Survey shall be accompanied by a surveyor's certificate in a form reasonably acceptable to City and the title company. (b) Within ten (10) days from City's receipt of the Title Commitment (as defined below) and the Survey, the City shall deliver to Seller (i) two (2) sealed originals of the Survey, and, if applicable, (ii) a letter from City notifying Seller of any overlaps, encroachments, violations of contract covenants or other adverse matters revealed by the Survey (hereinafter referred to as "Survey Objections"). (c) If City raises any Survey Objections, then Seller may elect to (i) cure , at Seller's expense, any such Survey Objections within thirty (30) days after receipt of the Survey and the written notice of Survey Objections (the "Survey Objection Notice"),or (ii) decline to attempt to cure the Survey Objections. In the event Seller cures any such Survey Objections within said thirty (30) day period (the "Survey Curative Period"), then the transaction shall be closed on the later of (i) the Closing Date, or (ii) ten (10) days after written notice from Seller to City correctly stating that such survey defects have been removed (the "Survey Objection Cure Notice") and receipt by City of a revised Survey, which does not show such survey defects which gave rise to the Survey Objections, such revised Survey to be prepared within thirty (30) days following receipt by City of the Survey Objection Cure Notice, at City's expense, by the surveyor who prepared the Survey. If the Seller elects not to attempt to cure the Survey Objections or is otherwise unable to cure the Survey Objections within the Survey Curative Period, then City shall have the option to either (i) terminate this Agreement, or (ii) waive such Survey Objections and proceed to close on the Property, accepting title to the Property as it then is and without setoff or reduction in the Purchase 3 006.317078.3 Price. In the event City shall elect to terminate because of uncured or uncurable Survey Objections, then the parties hereto shall thereafter be relieved of all rights and obligations hereunder, except for those rights and obligations which expressly survive the termination of this Agreement. (d) The legal description (or legal descriptions) of the Property as set forth on the Survey shall be utilized in the Title Commitment, Title Policy, General Warranty Deed and all other closing documents. (e) The Survey shall be certified to the Seller, Seller's counsel, the City, City's counsel, the title company, and such other entities as may be requested by City. 4. Evidence of Title. (a) On or before January 20, 2004, the City shall obtain an owner's title insurance commitment (the "Title Commitment") in the amount of the Purchase Price for an owner's title insurance policy (ALTA Form B) (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 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 City. (b) Within ten (10) days from City's receipt of the Title Commitment and the Survey, the City shall deliver to Seller (i) a copy of the Title Commitment, and, if applicable, (ii) a letter from City notifying Seller of any title defects and/or title matters which are not 4 006.317078.3 acceptable to City (hereinafter referred to as "Title Objections"). Without limiting City's rights contained herein, in case of a lien or encumbrance on any portion of the Property which at the time of the Closing is a liquidated amount, the Seller will remove such lien or encumbrance at the Closing so that the applicable interest in the Property will be conveyed to City free and clear of same and in such event said liens and encumbrances shall not constitute a Title Objections. (c) If City raises any Title Objections, then Seller may elect to (i) cure and remove , at Seller's expense, any such Title Objections within thirty (30) days after receipt of the Title Commitment and written notice of Title Objections (the "Title Curative Period"), or (ii) decline to attempt to cure the Title Objections. In the event Seller cures and removes any such Title Objections as aforesaid within the Title Curative Period, then the transaction shall be closed on the later of (i) the Closing Date, or (ii) ten (10) days after written notice (the "Title Objection Cure Notice") from Seller to City correctly stating that such Title Objections have been cured and removed and receipt by City of an endorsement to the Title Commitment removing as title exceptions those matters on which the Title Objections were based, which endorsement shall be procured by City within ten (10) days following receipt of the Title Objection Cure Notice. If the Seller elects not to attempt to cure the Title Objections or is otherwise unable to cure the Title Objections within the Title Curative Period, then City shall have the option to either (i) terminate this Agreement, or (ii) waive such Title Objections and proceed to close on the Property, accepting title to the Property as it then is and without setoff or reduction in the Purchase Price. In the event the City shall elect to terminate because of an uncured or uncurable Title Objection, then the parties hereto shall thereafter be relieved of all 5 006.317078.3 rights and obligations hereunder, except for those rights and obligations which expressly survive the termination of this Agreement. (d) The Title Commitment shall be endorsed or "marked-up" at the Closing so as to show title to the Property in City as required herein. Upon the Closing and recording of the deed to City, the Title Policy shall be issued pursuant to the Title Commitment and delivered to City so as to show title in City as required herein. Upon execution by Seller, at Closing, of the Affidavit required by the title company and completion of the Survey, the "standard exceptions" to the Title Policy shall be deleted, except for matters actually shown on the Survey. 5. Investigation of Property; Right of Access. (a) The City shall have until February 19, 2004 (the "Investigative Period"), within which to conduct on the Property scientific investigations, environmental assessment audits, surveying, the taking of soil borings and soil samples, geophysical investigations, and conducting such other investigations, inquiries and testing as City may deem appropriate. The City through its agents, contractors, consultants and employees, are authorized to enter upon the Property for this purpose. Any boring holes made by the City shall be properly filled and packed to the surrounding earth level by the City. (b) City agrees, 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, from any and all claims and demands of whatever nature, whether for personal injury or death of employees or loss of 6 006.317078.3 or damage to personal property. The indemnities provided by this paragraph shall be limited by applicable law and shall survive the termination of this Agreement. (c) In the event City is not satisfied with any matters discovered during the Investigative Period, then in such event City may, in City's sole discretion, elect to terminate this Agreement by furnishing written notice thereof to Seller prior to the expiration of the Investigative Period and in such event the parties hereto shall thereafter be relieved of all rights and obligations hereunder except for those rights and obligations which expressly survive the termination of this Agreement. 6. Purchase Price. The Purchase Price for the Property shall be THIRTY-FIVE THOUSAND AND NO/IOO DOLLARS ($35,000.00) (the "Purchase Price"). It is expressly agreed by Seller that the Purchase Price: (a) constitutes full compensation to the Seller for the value of the Property; and (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; 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. 7. Closing Costs; Tax Proration. (a) The City shall pay all closing costs associated with this Agreement, including all recording fees and documentary stamp taxes relating to or resulting from the transfer of title to the City of the Property. Real property taxes in connection with the conveyance of the Property 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. 7 006.317078.3 (b) Each party shall bear its own legal expenses in connection with the negotiation of this Agreement and the Closing hereunder. 8. Closing. Subject to the provisions and conditions herein contained (including those in Paragraphs 3 and 4), this transaction shall be closed and the deeds and other closing papers delivered (the "Closing") at 10:00 a.m. on March 1, 2004, unless extended by other provisions of this Agreement. Closing of title for the Property shall take place at Ocoee City Hall. The City's legal counsel shall be responsible for the preparation of all closing documents, at the City's expense. 9. Broker. (a) The Seller represents and warrants to the City that it is not aware of any person or entity which would be entitled to a commission, compensation or brokerage fee for the bringing about of this transaction or the consummation hereof. Seller agrees to indemnify and to hold City harmless from any such commissions, fees or compensation which may be claimed to be due through the Seller or pursuant to the acts of Seller or Seller's representatives. Seller further covenants and agrees to indemnify City for damages, court costs and reasonable attorneys' fees and paralegal fees, at both the trial and appellate levels, incurred as a result of any such claim. (b) The City represents and warrants to Seller that it is not aware of any person or entity which would be entitled to a commission, compensation or brokerage fee for the bringing about of this transaction or the consummation hereof. To the extent permitted by law, City agrees to indemnify and to hold Seller harmless from any such commissions, fees or compensation which may be claimed to be due through the City or pursuant to the acts of City 8 006.317078.3 or City's representatives. To the extent permitted by law, City further covenants and agrees to indemnify Seller for damages, court costs and reasonable attorneys' fees and paralegal fees, at both the trial and appellate levels, incurred as a result of any such claim. (c) The provlSlons of this paragraph shall survIve the termination of this Agreement. 10. Additional Documentation. In connection with the conveyance of the Property 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. 11. 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. 12. Default. (a) In the event of a default by either party hereunder it is agreed that the exclusive remedies for such default shall be for the non-defaulting party to either: (1) terminate this Agreement whereupon the parties hereto shall thereafter be relieved of all rights and obligations hereunder except for those rights and obligations which expressly survive the termination of this Agreement, or (2) seek and obtain specific performance of this Agreement. 9 006.317078.3 (b) IT IS SPECIFICALLY AGREED BETWEEN THE PARTIES THAT NEITHER PARTY WILL HAVE A CLAIM FOR DAMAGES AGAINST THE OTHER PARTY IN THE EVENT OF A DEFAULT BY THE OTHER PARTY. (c) Prior to either party declaring the other party in default hereunder, it is agreed that the non-defaulting party shall give written notice to the defaulting party setting forth with specificity the alleged default and the defaulting party shall thereafter have ten (10) days to cure any such default; provided, however, that no notice shall be required to declare a default based upon the failure to close on the Closing Date. 13. 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 for which receipt is provided to the notifying party. 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: Richard A. and Reba N. Doss P.O. Box 392 Ocoee, Florida 34761 AS TO CITY: City of Ocoee Attn: Russ Wagner, Director of Planning 150 North Lakeshore Drive Ocoee, Florida 34761 10 006.317078.3 With a copy to: Paul E. Rosenthal, Esq. Foley & Lardner 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32802-2193 14. 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. 15. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 16. Applicable Law; Attorneys' Fees. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees, and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, and the right to such reasonable attorneys' fees, paralegal fees, and costs shall be deemed to have accrued from the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 17. 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 that both Seller and City have contributed substantially and materially to the preparation hereof. 11 006.317078.3 18. Counterparts. This Agreement and any amendments to this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. 19. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective legal representatives, successors, heirs and assigns. This Agreement may not be assigned by either party without the consent of the other party. 20. 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 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. " 21. 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. 12 006.317078.3 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, to become effective as of the date and year first above written. CITY: SELLER: CITY OF OCOEE, a Florida municipal corporation Richard A. Doss By: S. Scott Vandergrift Mayor Attest: Jean Grafton City Clerk Reba N. Doss [AFFIX SEAL] Executed on: Executed on: 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 legality this _ day of , HELD ON 2004. UNDER AGENDA ITEM NO. Foley & Lardner By: City Attorney 13 006.317078.3 Exhibit" A" Legal Description LOT 8 AND THE NORTH 87 FEET OF LOT 11, BLOCK 4 (LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD) AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO, MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 99-100, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN S 890 45' 31" E, ALONG THE NORTH LINE AND THE EXTENSION THEREOF, 124.23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE; THENCE S 00003' 18" E, ALONG THE CENTERLINE THEREOF, 144.94 FEET; THENCE N 89046' IT' W, 96.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N llo 03' 46" W, ALONG SAID EASTERLY RIGHT- OF-WAY LINE, 147.83 FEET TO THE PONT OF BEGINNING. CONTAINING 0.366 ACRES MORE OR LESS. 14 006.317078.3 00 60, \.f\ rn "P- cP 0 ~ 0 vl 10- 0 CJ'I, ~ () 0 ~ ~" r:' ...- z fI\ ?J ~ /I ~ 0 "P- O ~ ~~--- - ..-.,...---...-......",.......-.- .,-f.-..' .-,~ OR LA NDO STREET (60'R/W) JrH f) ;V.- I.P. 5 ego 45' 31- E B,as. ~ ~4_23 30.0 \A III 8 III n 8 c: a ~ 0 "". UJ - fTJ Ql , ::0 I'll r p 2: 0 ... )> ... < \0 fTJ b 2: '"' C ): fTl .....- (J) o. ::u ~ < )> n )> -I rr1 0 (NO IMPROVEMENTS HAVE BEEN)' LOCATED AS PER ,OWN fR II III of 66.0 JrHD I" , I, Po N89046'I7"W 11 N b l...i .r- " '-' COLUMBUS STREET (60' R/W) NOTES: (1). BEARINGS ARE BASED ON RECORD PLAT. (2), THE SUR'In SHOIWi HEREON WAS SURVEYED BY THE ILGAL DESCRIPTION PROVIDED BY THE CUENT. (J). ROOF OVERHANGS AND fOOTERS HAVE NOT BEEN LOCATED. (4). NO IMPROVEMENTS OR UNDERGROUND UTIUTIES HAVE BEEN, LOCATED EXCEPT AS SHOWN. (5). THIS SlJRVEY IS NOT VAUD lt1'iHOUT EMBOSSED SEAL (6). THIS SURVEY IS NOT VAUO FOR ANY REAL ESTATE TRANSACTIONS 90 DAYS BEYOND THE fiNAL SURVEY DATE SHOv;,t(7). THE SURVEYOR HAS N,oT ABSTRACTED THE LANDS HEREON FOR EASEMENTS OR RIGnTS-Of-WAY OF RECORD. (ll). THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE fOUND IN THE PUBUC RECORDS OF THIS COUNTY. (9) All. BEARINGS / ANGILS AND DISTANCES 55 NOTED OTHEfWIlSE. PREPARED FOR: LC1r"SURVEY DATE: FOUNDATION DATE: fINAL SUR'In DATE: 4 nilo) DRAWN DATE: 4/22/,03 :iCALE: I",:l Q.L- PAGE I OF f R SION DATE: ~ I MR. RICHARD DOSS PREPARED BY: ,CHARLES ROB DEFOOR & ASSOCIATES, INC. CATE P.O. BOX ",*:s I APOPKA, FlA; :S''''0''4 I (407) 88D-9811 I 427 KNOlL TREE ':'idi LEGAL DESCRIPTION: LOT 8 AND THE NORTH 87 FEET OF LOT 11, BLOCK '4',( LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD) AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO, MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 99-100, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN S 89 45' 31" E, ALONG THE NORTH LINE AND THE EXTENSION THEREOF, 124,23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE; THENCE S 00 03' 18" E, ALONG THE CENTER LINE THERF.OF, 144.94 FEET; THENCE N 8946' 17" W, 96.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03'46" W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 147,83 FEET TO fHE POINT OF BEGINNING. CONTAINING 0.366 ACRES MORE OR LESS. NOTES: (1). BEARINGS ARE BASED ON RECORD PLAT. (2), THE SURVEY SHOIWi HEREON WAS SURVEYED BY THE ILGAL DESCRIPTION PROVIDED BY THE ClIENT. (3). ROOF OVERHANGS AND FOOTERS HAVE NOT BEEN LOCATED. (~), NO IMPROVEMENTS OR UNDERGROUND UTlUTlES HAVE BEEN, LOCATED EXCEPT AS SHolWi. (5). THIS SURVEY IS NOT VAUD WlTHOUT EMBOSSEO SEAL. (6). THIS SURVEY IS NOT VALID FOR ANY REAL ESTATE TRANSACTIONS gO DAYS BEYOND THE FINAL SUR'o1::Y DATE SHO'Mol. (7). THE SURVEYOR 11.\S NOT ABSTRACTED THE LANDS HEREON FOR EASEMENTS OR RlGiiTS-OF-WAY OF RECORD. (8). THERE MAY BE ADDITIONAL RESTRICllONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUNTY. (g) ALL BEARINGS / ANGlLS AND DISTANCES ARE PLAT AND MEASURED UNLESS NOTED OTHE~SE. PREP ARED FOR: MR. RICHARD DOSS LOT SUR'In DATE: FOUNDA l10N DATE: FINAL SUR'In DATE: 4/ 'Tl/ 03 ' DRAWN DATE: 4122/03. SCALE: I'" :U;t- PAGE 'i OF I REVISION DATE: PREPARED BY: CHARLES ROB DEFOOR & ASSOCIATES, INC. DATE P.O. BOX ''No,3, APOPKA, FLA. 3170"4 / (407) 860-9811 I ~27 KNOlL TREE