HomeMy WebLinkAboutMemorandum - Old Winter Garden Widening Project: Health Central
FOLEYILARDNER
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: 407648,1743
WWW.FOLEY.COM
MEMORANDUM
CLIENT-MATTeR NUMBeR
020377-0548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: January 16, 2004
RE: Old Winter Garden Road Widening Project: HealthCentral
As you are aware, we have been negotiating with Health Central for over two
years regarding the right-of-way needed from Health Central to accomplish the Old Winter
Garden Road Widening Project. I am pleased to report that on January 16, the Health Central
Board of Trustees approved the attached agreements. Due to the lengthy negotiations with
Health Central consttuction of the project has been delayed considerably. Staffrequests that The
Commissioners approve these two agreements at your January 20, 2004 meeting on an
emergency basis.
The first agreement is related to the ExpressCare property located at the southeast
corner of Maguire Road and Professional Park'Way. This agreement was presented to the City
Commission on September 16, 2003 and approved by you at that time, subject to Board of
Trustees' approval. As of January 6, 2004 the Health Central staff had not presented the
ExpressCare Agreement to the Board of Trustees for approval and based on staff
recommendations, you rescinded your approval of that agreement. Now that the Health Central
Board of Trustees has approved this agreement, it is being presented to you again for your
approval. In this agreement, Health Central has agreed to donate the necessary right-of-way for
the Professional Parkway construction in exchange for certain drainage easements and
improvements on the ExpressCare property. The agreement presented to you under cover of this
memo is the same agreement presented to you in September 2003.
Also attached is a Intergovernmental Transportation and Development Agreement
which addresses the right-of~way needed from Health Central from Blackwood east to Arlington
FOLEY & LARDNER
000.321992.1
Avenue. This section of the Old Winter Garden Road Improvement Project faUs within Part B of
the Interlocal Agreement between the City and Orange County and is 100% ftlfl.ded by the
County. The terms and conditions of the Intergovernmental Transportation And Development
Agreetnent have been negotiated by the City in consultation with and approval by the Orange
County staff. Orange County is also a signatory to the Intergovernmental Transportation And
Development Agreement. The significant tenns and conditions of the agreement are that Health
Central is dedicating aU of the right~of.way needed to construct the Old Winter Garden Road
Widening Project at no cost to the City or County. The value of this right-of-way was appraised
at approximately $583,000.00. In exchange for the dedication of the right-of-way, Health
Central will receive $20,000.00 to relocate its entrance sign at the comer of Blackwood and Old
Winter Garden Road. They will receive $80,000.00 to construct an internal access road
connecting their existing southern access road to Division Avenue. The construction plans will
be modified to include a thirty-six foot driveway at Division Avenue in lieu of a twenty-eight
foot driveway, a thirty-six foot curb cut on the Health Central right-of-way line north of Hemp Ie
Avenue, landscaping at the rate of 75,000 feet per lineal mile for this section of Old Winter
Garden Road between Blackwood and Hemple, and the extension of an east-bound left turn lane
on Old Winter Garden Road to anow for feet of storage. The agreement also contemplates
that title to the portion of the Orange County Park property north of the Hemple Avenue/Old
Winter Garden Road intersection which is not necessary for the road widening will be conveyed
to Health CentraL There will also be a payment to Health Central of $25,000.00 for its
attorneys' fees and planning and engineering costs incurred as part of the review of the
agreement.
The form of the agreement attached is missing Exhibit A, which will be the legal
description for the Health Central property. Weare waiting for Health Central to provide us with
this ex.hibit. Staffrecommends that your approval of this agreement be conditioned upon Orange
County's verification of the legal description once it has been provided by Health Central.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners:
I. Declare that an emergency exists requiring approval of the two attached
agreements at the January 20,2004 meeting of the City ofOcoee City Commissioners; and
2. Approve the ExpressCare Agreement and the Intergovernmental Transportation
and Development Agreements with Health Central and authorize the City Attorney and Mayor to
execute aU documents necessary to close the transactions.
Attachments:
cc: Jim Gleason, City Manager
David Wheeler, Public Works Director
MAD/dl
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006.321992,1
(PROFESS NAL PARKWAY)
THIS AGREEMENT (this "Agreement") is made and entered into this _ day of
2004 (the "Effective Date") by and between WEST ORANGE
HEALTHCARE DISTRICT, whose address is 10000 West Colonial Drive, Ocoee, Florida
34761 (hereinafter referred to as <<Health Central") and the CITY OF OCOEE, a Florida
municipal corporation, whose address is ISO North Lakeshore Drive, Oooee, Florida 32761
(hereinafter referred to as the "City").
W!TNE.ii.ETH:
WHEREAS, Health Central is the owner of fee simple title to certain real property
located in the City of Oooee, Orange County, Florida which is located at the southeast comer of
Professional Parkway and Maguire Road, as more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof (hereinafter referred to as the "Parent Tract");
and
WHEREAS, the Parent Tract is improved by Health Central with a medical walkwin
clinic with an ambulance dispatch operation; and
WHEREAS, the City is a Florida municipal corporation which isauthonzed to exercise
condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City is constructing the Professional Parkway Road Widening Project
(the "Project") and in connection therewith needs to acquire from Health Central the fee simple
title to a portion of the Parent Tract described in the attached Exbibit "B" (hereinafter referred to
as "the Property''); and
006.2757535
WHEREAS, the City has a.dvised Health Central that if Health Central 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
interest in the Property; and
WHEREAS, subject to the term.s, conditions and limitations set forth herein, Health
Central, under threat of condemnation, has agreed to convey to the City the required interest 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:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. CQDVeVaDce Qf Fee Simule Title. Health Central, under thr~t of condemnation,
agrees to convey to the City, on the terms and conditions herein set forth, the Property, together
all tenements, hereditaments, improvements, structures, fixtures, trees, shrubbery, roads and
easements, appertaining thereto and all of Health Central's right, title, and interest therein.
Health Central shall convey to the City marketable, fee simple title to the Property 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 Health Central's interest 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, aU right, title and interest of Health
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006.2757535
Central 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 Property.
3. Covenants by Cit~, As consideration and as a material inducement for Health
Central to enter into this Agreement and to agree to convey the Property to the City, the City
hereby covenants and agrees as follows:
(A) The Project win include the following elements/improvements to be
constructed/installed by the City, at City's expense:
(i) the filling of the existing ditch located at the south property line of
the Parent Tract; and
(ii) the redirection of stormwater runoff currently flowing into the
ditch referenced above to the City's retention pond located south of the south
property line of the Parent Tract; and
(Iii) the paving and striping of the fined-in ditch area on the Parent
Tract to create additional parking; and
(iv) an survey, design, and permitting necessary to accomplish (i), (ii),
and (Ui) set forth above.
(B) The improvements set forth in Section (A) above will be incorporated into
the City's construction plans for the Old Winter Garden RoadJProfessional Parkway
Improvement Project and will be constructed as part ofthat Project.
(C) Construction of the Project in accordance with Sheet Nos. 33 and S-5 of
the 100% Construction Plans dated July 1,2003 as those plan sheets relate to the Health Central
Property.
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006.275153.5
(D) The City wi11 also modify its construction plans to move the proposed
sidewalk to be constructed in the new right-of-way described in Exhibit "B" northward to abut
the curb line, creating an approximate strip of right-of-way on the southern right-of-way line.
The City agrees, as part of the Project, to install landscaping selected by the City. After
completion of the Project, .Health Central shall be responsible for the long-tenn maintenance of
the landscaping.
(E) Within thirty days of completion of the improvements set forth in (A)
above, the City will convey to Health Central a drainage easement in the fonn attached as
Exhibit ."C".
(F) Access will be maintained at all times to the Health Central Property
duringconsrruction of the Project.
4. Consi'eration. The parties hereto acknowledge and agree that the perfonnance
by the City of covenants and agreements set forth in this Agreement: (a) constitutes full
compensation to Health Central for the value of the Property and the resultant damage, if any, to
the Parent Tract o\vued by Health Central; (b) includes full compensation to Health Central 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 Health
Central 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, engineering fees and appraisal fees.
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006.275753.5
5. Closiu!.
(A) Health Central shall convey the Property to the City within 30 days of the
execution of this Agreement. The Drainage Easement shall be delivered within 30 days of
completion ofthe improvements on the Parent Tract
6. ClosiD! Costs; Ta.xProration.
(A) The City shall pay all closing costs associated with this Agreement,
including an recording fees and documentary stamp taxes, if any, relating to or resulting from the
conveyance of the Property to the City and the granting of the Easement by the City.
(8) 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 Health Central. Notwithstanding the foregoing, if the Closing occurs
between November 1 and December 31, then Health Central shall pay aU ad valorem taxes for
the year of the Closing.
(C) Pursuant to Section 12B~4.013(4), Florida Administrative Code, the City
hereby determines and gives written notice to Health Central that the City has decided to acquire
the Properly and that the City is prepared to institute condenmation proceedings to acquire the
Property in the evellt Health Central does not agree to sen the Property to the 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
Health Central to the City under threat of condenmation and that the conveyance is not subject to
Florida documentary stamp tax.
7, Furtber 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
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ClO6,215753.5
documents and instruments, in form and substance reasonably necessary to confinn and/or
effectuate the obligations of either party hereunder and the consummation of the transactions
contemplated hereby. 'The provisions ofthisparagraph shall survive the closing.
8. Time of Essence. Time is of the essence for this Agreement and in the
performance of an conditions, covenants, requirements, obligations and warranties to be
performed or
by the parties hereto.
9. ApDlicable Law. This Agreement shall be construed and interpreted m
accordance with the laws of the State of Florida.
10. Disclosure of Beneficiallnterest.
(A) Contemporaneous with the execution of this Agreement, Health Central
shaH deliver to the 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 the City to Health Central requesting the
foregoing disclosure and informing Health Central that such disclosure must be made under oath,
subject to the penalties prescribed for perjury.
(B) Health Central warrants and represents to the City that no member of the
Ocoee City Commission, no agent or elnployee of the City, and no person related by blood or
marriage to any of the aforesaid has or wHl benefit in any way, either directly or indirectly, from
the closing of this transaction.
11. 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 Tract and be binding upon and inure to the benefit of the
heirs, legal representatives, successors and assigns of Health Central and any person, firm,
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006.275753.5
corporation or entity who may become the successor in interest to the Parent Tract or any portion
thereof.
12. 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.
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
shaH 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 next business morning delivery services. Notices, inclUding
notice of change of address, shall be addressed or transmitted to the addresses set forth below or
other address that a party may designate in the manner prescribed herein:
AS TO HEALTH CENTRAL
West Orange Healthcare District
Attn: Alan Crowell
10000 West Colonial Drive
Ocoee, Florida 34761
AS TO CITY:
City of Ocoee
Atm: City Manager
150 North Lakeshore Drive
Oeoee, 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.
14. Effective Date. The Effective Date of this Agreement shall be the date that it is
by the City and such date shall be inserted on the front page of this Agreement.
15. Board of Trustees Apl!foval. This Agreement is subject to the approval of the
West Orange Healthcare District Board of Trustees.
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006.215753.5
16. Termination of Existine A~reements. The City has previously obtained from
Heller Bros. Groves for the benefit of Health Central the following: (a) Termination of
Easement Agreement dated December 28, 2001 as recorded in OR Book 6423, page 7330, and
(b) Termination Agreement dated December 28, 200 I as recorded in OR Book 6423, page 7328
(collectively, the "Termination Agreements"). At the Closing. Health Central win execute
Joinders and Consents to the Termination Agreements and such other documentation as may be
reasonably required by the City in order to evidence or record the termination of the instruments
referenced in the Termination Agreements.
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006275753,5
IN WITNESS WHEREOF. the parties hereto have duly executed this Agreement. to
beco.me effective as of the date and year first above written.
Signed, sealed and delivered
in the presence of:
For use and reliance only by the City of
Ocoee, Florida. Approved as to form
and legality this _ day of
.2004.
006.275153.5
HEALTH CENTRAL:
WEST ORANGE HEALTH CARE
DISTRICT
By:
Name:
Title:
CITY:
CITY OFOCOEE, a Florida municipal
corporation
By:
S. SCOTT VANDERGRIFT,
Mayor
Attest:
JEAN GRAFI'ON,
City Clerk
Executed on:
2004
APPROVED BY THE OCOEECITY
COMMISSION AT A MEETING HELD
ON ,2004 UNDER
AGENDA ITEM NO.
9
EXHIBIT A
Lot 1, MEDCARE CENTER, Plat Book 18, Page 136 of the Orange County Public Records.
Subject to aU Easements of Record,
10
006.275753.5
lEGN. O€SCRtPTION (PJWPOSED ADOITlONAl.. RIGHT Of WAY) (RW-')
TIwt part of Section 29. jowl'I,hip 22 wuth. RCl'lge 28 tOst. OronOf! Cliunly. florido. bemg
mCf'fl portieulQrly oo$Cribed 0$ fOllOws:
Cotnrr<<trli;:ing ot the intllnseetion of thf North rigl1t of woy line of Prote$$iOl'1Ol Pol'itWO)' and
the Eo.' rigl'lt 01 .OY line of Ioklguite R<iod; th~1Il NQrt/'l 00"42'10" (0$1 0 distance of
67.49 feet QI0Cl9 lKlid North riqht of war line; tMnce ktclvinq sajd rl9ht of woy line
South 00' t 7'Sti' W.$I 0 distance of 00.00 1..t to 0 ~nt on the South of ~
JiM of $aid Profeuional Porkwcy; thfnCt! olong sold rll}l1t of 42'01 Eost
o distance of 92.S4 feet to 0 CUfVe cOl"ICGve 10 the lIOuthwnt. having
Q rodiutl of 50.00 fMl. a e ond 0 chord of 63.25 fillet thot
bears South !!Wo.1S" Eost;
South 89"42'01" \Nnt 0
of 3~L43 h~~ to (I P<lln of Mogulre Rood; thence
o!i::mg $(lid ri9ht of woy 2(1,57 feel to (I paint of
C\..IfV(ltUte of Q -Cl.lfVe COl'lCOV41 tc> the lIOutheO$t. hoWl9 a radius of SO,oo feel. 0 centrol
83'413'28'" ond 0 chord of 66.79 feet thot beors North 4748'02- EOlt; then;:;e
erty 7.1U4 1..1 oJocnq Ihf orc of said cwve 10 thlt POI lilT Of EltClNNfNC
AINlNC 5~eg ~re f.et. mtlr. or Jus.
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t. ~. .bft~ ....... '-_ ..... ....."11 on Il<m>line of ~Il""d ''''''' SIDtion tlt9+ootD $Option 200+(10. ~ HortllOI'Orfl" lOot.
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LEGAL DESCRIPTION
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SKETCH Qf DESCRIPTION
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MEDCARE CENTER
PLAfE!OOI< 18 PAGE: 136
PROPOSED ADDmONAL
RIGHT OF WAY
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12
006.275753.5
PREPARED BY:
Mary A Doly, Esq,
FOLEY& LARDNER
111 Nortn Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETlJRN TO:
Jean Grafton, City Clerk
Cl'F), Of' OCOEE
ISO N, Lakcshore Drive
Ococe, FL 34761
(407) 656-2322
INTERGOVERNMENT AL TRANSPORT A TION AND DEVELOPMENT
AGREEMENT
THIS AGREEMENT ("this Agreement") is made and entered into as of the _day
of __.' 2004 (the "Effective Date") by (md between WEST ORANGE HEAL THCARE
DISTRICT, whose address is 10000 West Colonial Drive, Ocoee, Florida 34761 (hereinafter
referred to as "Health Central"), the CITY OI<~ OCOEE, a Florida municipal corporation, whose
address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the
"City"), and ORANGE COUNTY, FLORIDA, a charter county and political subdivision of the
State of Florida., whose address is P.O. Box 1393, Orlando, Florida 32802 (hereinafter referred to
as the "County").
W !TN E~~E. TH:
\VHEREAS, Health Central owns fee simple title to certain lands located in Orange
County, Florida, said lands being more particularly described in Exhibit "A" attached hereto and
by this reference made a part hereof (hereinafter referred to as the "Health Centra) Property");
and
WHf<:REAS, the County owns fee simple title to certain lands located in Orange County,
Florida, said lands being more particularly described in Exhibit "B" attached hereto and by this
reference made a part hereof (hereinafter referred to as the "Park Property"); and
WHEREAS, the City and the County entered into that InterIocal Agreement Between
Orange County and City of Ocoee Relating to Old Winter Garden Road From Hemple Avenue to
S,R.50 and Professional Parkway, dated February 15, 2000 and that First Amendment to
Intcrlocal Agreement Between Orange County and City ofOcoee Relating to Old Winter Garden
Road from Hemple Avenue to S.R.50 and Professional Parkway (hereinafter collectively referred
to as the "lnterlocal Agreement"); and
WHEREAS, the Interlocal Agreement defines the financial and maintenance
responsibility of the County and of the City for making improvements to ProfeSsional Parkway
and to Old Winter Garden Road from Arlington Avenue to S.R.50 (hereinafterrefCrred to as the
"projeet"); and
WHEREAS, pursuant to the lnterlocal Agreement the City has prepared 1 OOO~
Construction Plans dated July 1,2003 for the widening of Professional Parkway arm Old Winter
Garden Road from Arlington Avenue to S.R.50 (hereinafter referred to as the "Construction
Plaos"); and
WBREAS, the Project and Construction Plans necessitate the acquisition by the City of
a portion of the Health Central Property described in Exhibit "C". attache.dbereto and by this
reference made a part hereof, to be utilized as right-of-way (the llHealth Ceatral Property
ROW"); and
WHEREAS., the Project and Construction Plans require only a portion of the Park
Property, being more particularly described in Eml.,.t "D" attacbed beretoand by this.reference
made a part hereof (hereinafter referred to as the "Park Property ROW") be utilized as right-of-
way for the Project; and
WHEREAS, the lnterlocal Agreement provides for conveyance of the Park Property to
the City for use in connection with the Project, and
WHEREAS, the Interlocal Agreement also provides that the City, at its option, may
convey all ora portion of the Park Property to a third party in exchange for land which sball be
utilized for roadway purposes in connection with the Project; and
WHEREAS, the County opposes any northward extension of Hemp Ie Avenue to S.R. SO
and enters into this Agreement on the condition that no roadway be designed, pennitted,
constructed, or approved on the Health Central Property that would function as a traffic cut~
through from Old Winter Garden Road to S.R. 50, and that any roadway that is built on the
Health Central property be used primarily, if not solely. to serve the internal traffic needs of
Health Central; and
WHEREAS, Health Central is willin.g to dedicate and convey to the City the Health
Central Property under certain terms and conditions; and
WHEREAS, the City is willing to convey a portion of the ParkPro.perty described in
Exb.ibit "E", attached hereto and by this reference made a part hereof (hereinafter referred to as
the "Park Property Remainder", to Health Central in exchange for the dedication of the Health
Central Property ROW.
NOW, THEREFORE, inconsideration of the mutual covenants and agreements herein
contained, and other valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, Health Central, the City, and the County agree as follows;
Sedion 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
2
006.321764.2
Section 2.
Conveyance of Ri~bt-or-Wav.
Within thirty days of the Effective Date of this Agreement and simultaneously with the
conveyance of the Park Property Rernainder to Health Central, Health. Central shan dedicate and
convey to the City the Healtb Central Property ROW described in Exhibit"C". The Health
Central Property ROW shall be conveyed by Health Central to the City by special warranty deed
free and clear of all mortgages and free and clear of all liens and encumbrances except for those
matters acceptable to the City; provided, however, that the City hereby agrees that it will accept
title subject to matters existing of record as of the Effective Date which do not interfere with or
adversely affect the ability of the City to utilize the HealthCentral Property ROW for roadway or
utility purposes. The form of the Health Central Property ROW special warranty deed shall be
subject to the approval of the City.
Within thirty days of the Effective Date of this Agreement, and simultaneously with the
conveyance of the Park Property Remainder to Health Central, Health Central shall dedicate and
convey to the City the Temporary Construction Easement attached hereto as Exhibit ~F" and by
this reference made a part hereof
The costs and expenses related to the conveyance and dedication of the Health Central
Property ROW and the Temporary Construction Easement shaH be borne by the City.
Neither Health Central nor any other person or entity shall be entitled to any transportation
impact fee credits other than as set forth in this Agreement for, on account o~ or with respect to
the conveyance of the Health Central Property ROW or the Temporary Construction Easement to
the City.
Section 3.
The. Park Propertv.
A. The City and County agree that within thirty days of the Effective Date of this
Agreement the County, pursuant to its home rule powers and Section 125.38, Florida Statutes
(2003), will convey its interest in the Park Property to the City by County Deed. The City and
County agree that execution of this Agreement shall constitute sufficient application by the City
for conveyance of the Park PrQperty.
B. The City and County agree that only the Park Property ROW is necessary for
the Project and the Park Property Remainder, more particularly described in Exhibit "E"
attached hereto, will be conveyed by the City to Health Central by Quit-Claim Deed
simultaneously with the conveyance to the City of the Health Central Property ROWand the
Temporary Construction Easement.
C. The County's conveyance of the Park Property is conditioned upon the City's
and Health Central's agreement, hereby given, that neither shall hereaft.er participate in the
planning, design, construction, penuitting or approval of any roadway, public or private, that
would colmect any portion of the Park Property to S.R. 50. Notwithstanding the foregoing, it
shall not be deemed a violation of this Agreement for the City and/or Health Central to plan,
design, construct, and penult a public or private roadway(s) that connects the Park Property to
Division Avenue.
'"'
-'
006321764.2
Section 4. The Construc~p..Plans. The City, County, and Health Central agree
that the City will modifY the Construction Plans to include the fonowing:
A. The driyeway to Health Central at Division Avenue will be modified to a 36'
driveway in lieu ofa 28' driveway.
B. A 36' curb cut on the Health Central right.of.way line north of Hemple
Avenue.
C. Landscaping at the rate of $75,000.00 per lineal mile for that section of Old
Winter Garden Road between Blackwood A venue and Hemple Avenue.
D. The eastbound left turn lane on Old Winter Garden Road will be modified to
allow for 7S' of storage.
SectionS. SieDReloeationCosts. The City agrees that the Project may require that
Health Central relocate its sign located on the southwest comer of the Health Central campus at
the comer of Blackwood Avenue and Old Winter Garden Road. It is agreed that the City win
reimburse Health Central its actual sign relocation costs in an amount not to exceed $20,000.00,
within thirty days of submission of receipts and appropriate documentation to the City, provided,
however, that Health Central shall only be entitled to such reimbW'Sell1ent if the foregoing is
completed within 6 months of completion of the Project.
Section 6. HealtltCeDtral.~ntranceReJoeatioD. Based on the design of the Project
set forth in the.Construction Plans, Health Central wishes to relocate its existing entrance located
between Division Avenue and Blackwood Avenue to the intersection of Division Avenue and
Old Winter Garden Road. In order to accomplish this entrance relocation the City agrees that
simultaneously with conveyance of the Health Central Property ROW as set forth in Section 2
above, the City will pay Health Central $80,000.00 for construction costs to build an internal
road between Health Central's existing entrance road and Division Avenue to the east. Health
Central shall be responsible for an construction costs including design, permitting, construction,
and drainage, for which the City will reimburse in an amount not to exceed $80,000.00.
Construction plans for this road relocation shan be submitted to the City for review and approval
through the City's normal site plan approval process. Following completion ofsueh relocation
of the internal roadway, said reimbursement will be paid by the City within thirty days of
submission of receipts and appropria.te documentation to the City, provided, however. that
HealthCentral shall only be entitled to such reimbursement if the foregoing is completed. within 6
months of completion of the Project. The parties hereby agree that the Construction Plans will
be modified to show the elimination of the eastbound and westbound turn lanes and the median
opening in front of Health Central's existing entrance road.
Section 7. Rieht-of-Wav Vacation. Health Central is the owner of property on
either side of the following roadway segments:
Grove Street, east of Division Avenue to Arlington Avenue
Rowe Avenue, south of Grove Street to Jane Street
Jane Street, south of Grove Street, west of Rowe Avenue
Rowe Avenue, south of Jane Street to Market Street
Arlington Avenue, south of Grove Street to Jane Street
4
006321764.2
Ohio Avenue, south of Grove Street to Jane Street
Grove Street, east of Arlington Avenue to the west of Ohio Avenue
The County agrees that upon proper application by Health Central for the vacation of the Orange
County right.of-way segments outlined above that Orange County will process the applications
expeditiously. It is understood and agreed that vacation of right-of-way is a discretionary act for
the Orange County Board of County Commissioners and that nothing herein shall be constmed
as a contractual obligation ofthe Board to approve any application to vacate right-of-way.
Section. 8.. Cove.nant .R.uuBinelvith the Land. This Agreement shall run with the
Park Property and the Health Central Property and inure to and be for the benefit of the parties
hereto and their respective successors and assigns and any person, firm, corporation, or entity
who may become the successor in interest to either of the aforementioned properties or any
portion(s) thereof.
Section 9. Attorneys' Feesand.ExDert Costs. Simultaneously with conveyance of
the Health Central Property ROW as set forth in Section 2 above, the City agrees to pay Health
Central $25,000.00 for its attorneys' fees, planning fees and engineering costs incurred as part of
Agreement.
Section 10. Proiect B Costs. An references herein to expenditures to be undertaken
by the City are deemed to be Project B Costs under the terms of the Interlocal Agreement and
shaH he reimbursed by the County to the City in accordance with the terms of the Interlocal
Agreement
Section 11. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered
to the other party at the address appearing on the first page of this Agreement, or (ii) when
deposited in the United States Mail, postage prepaid, certified mail, return receipt requested,
addressed to the party at the address appearing on the first page of this Agreement, or such other
person or address as the party shall have specified by written notice to the other party delivered
in accordance herewith; and a copy thereof has been concurrently sent to the following
representatives of the noticed party:
Ag to the City:
Paul fl, Rosenthal, Esquire
Foley & Lardner
III North Orange Avenue, Suite 1800
Orlando, Florida 32801
As to Health Central: A. Kurt Ardarman, Esquire
Fishback, Dominick, Bennett, Stepter,
Ardaman, Ahlers & Bonus, LLP
170 E. Washington Street
Orlando, Florida 32801
5
006.321764,2
As to the County:
Director, Orange County Public Works Department
4200 John Young Parkway
Orlando, Florida 32839
With copy to:
County Administrator
201 South Rosalind Avenue, Fifth Floor
Orlando, Florida 32801
Section 12. Limitation of Remedies. The parties hereto expressly agree that the
consideration, in part, for each of them entering into this Agreement is the willingness of the
other to limit the remedies for all actions arising out of or in connection with this Agreement.
Upon any failure by any party hereto to perform its obligations under this Agreement,the other
parties hereto shall be limited strictly to only the following remedies:
(i) action for specific performance; or
(it) action for injunction; or
(Hi) action for declaratory judgment regarding the rights and
obligations of a party hereto; or
(iv) any combination of the foregoing.
An parties expressly waive their respective rights to sue for monetary damages of any type for
breach of or default under this Agreement by another. All parties expressly agree that in the
event of any lawsuit arising out of or in connection with this Agreement, the prevailing party in
any such lawsuit shall be entitled to recover reasonable attorney's fees and court costs from the
party or parties who do not prevail. Venue for any actions initiated under or in connection with
this Agreement shall be in the circuit court for the Ninth Judicial Circuit of Florida in Orange
County.
Section 13. Recordation of Aereement. The parties hereto agree that an executed
original of this Agreement $h~ll be recorded by the City, at the City's expense, in the Public
Records of Orange County, Florida.
Section 14. Allplicable I"a'\". This Agreement and the provisions contained herein
shaH be construed, controlled, and interpreted according to the laws ofthe State of Florida.
Section 15. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 16. Aereement: Amendment. This Agreement constitutes the entire
agreement bet\veen 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 shaH be made by the parties only in writing by formal amendment.
6
006.3217642
SectiOll!'. Closill~. The Closing of the simultaneous conveyance of the Health
Central Property ROW, the Temporary Construction Easement and the Park Property Remainder
and the payment ofaH monies required. at Closing under this Agreement shall occur within thirty
(30) days of the Effective Date of this Agreement. All provisions concerning the obligations of
the City, County and Health Central which are to occur after the simultaneous conveyance of the
Health Central Property ROW, the Temporary Construction Easement and the Park Property
Remainder .and payment of money shaH survive such conveyances and Closing and shall be
enforceable pursuant to Section 12 of this Agreement.
Secuoll.18. . .EffectiveD~!e. The Effective Date of this Agreement shall be the date on
which the last one of the City, County. and Health Central bas properly executed this Agreement
and delivered a fully executed version or this Agreement to all parties.
Section 19. . NOllseverabili~. No portion of this Agreement or the Closing is
severable from any other portion orthis Agreement.
REMAIND,ER OF PAGE INTENTIONALLY LEFT BLANK
7
000.321764.2
IN WITNESS WHEREOF, Health Central, the City, and the County have
caused this instrument to be executed by their duly authorized elected officials, partners, and/or
officers as.ofthe day(s) and year below written.
'OWNER.:
Signed, sealed. and delivered
in the presence of:
WEST ORANGE BEALTHCARE
DIST:RICT
By:
Name:
Its:
Date:
Print
Print Na.me_._
(SEAL)
Signed, sealed and delivered
in the presence of:
Q.!X:
CITY OF OCOEE, FLOR.IDA
-
.Print
By:
S. Scott Vandergrift, Mayor
Attest
Jean Grafton, City Clerk
Print
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEI;, FLORIDA. APPROVED
AS TO FORM AND LEGALITY THIS
_ day 2004.
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2004 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
8
006.321764.2
ATTEST: Martha A. Haynie. Orange County
Comptroller as Clerk of the Board
of County Commissioners
By:
Deputy Clerk
006,321764,2
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Richard T.Crotty
County Chairman
Date:
9
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that .on this day, bef.ore me, an .officer duly .auth.orized in.
the State and C.ounty af.oresaid t.o take ackn.owledgments, personally appeared
as the of WEST ORANGE
HEALTH CARE DISTRICT, wh.o [........J is pers.onally known t.o me .or [........J produced
,___ as identificati.on, and that helshe ackn.owledged executing
the same .on behalf .of said c.orp.orati.on and limited partnership in the presence of two subscribing
witnesses, freely and voluntarily, f.or the uses and purposes therein expressed.
_day
WITNESS my hand and official seal in the County and State last af.oresaid this
2004.
Signature .ofN.otary
Name of Notary (Typed, Printed .or Stamped)
Commission Number (!fnot legible on seal):
My Commission Expires (l{nol legible on seal);
ST ATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that .on this day, before me, an .officer duly authorized in
the State and C.ounty af.oresaid t.o take acknowledgments, pers.onally appeared S. SCOTT
V ANDERGRI.FT and JEANGRA.FTON, pers.onally kn.own t.o me to be the Mayor and City
Clerk, respectively, .of the CITY OF OCOEE, FLORIDA and that they severally
ackn.owledged executing the same in the presence .of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and .official seal in the C.ounty and State last af.oresaid this
day 2004.
Signature .of Notary
Name afNatary (Typed, Printed .or Stamped)
Commission Number (If not legible on seal):
My Commission Expires (if not legible OIl seal):
C:\NrPortbl\ORLA \JClJRTH\J21764 ~.2, DOCC:\Nrl'OrlbI\ORLA \JClJRTH\321764 _2.00C
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EXHIBIT
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006,321764,2
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O€SCRIP~ION
li'1.e Pet" Ie:, !"\Jrk
P\c.Jbhc Roe( Of'om Of
tt;.etecf.. C$ t"'t:on:IQ<l ir Plat aaol< O. Poge 100 of the
Contain,ng JI.~72 squOt" l!!i'!!i't, 0 n t;t:le$, more or less
SURVE''l'MS R€~T:
1. alHlti!\9* .'-''' tuw_ otll b4$<td M th. !1Qrttl IlI1e 01 'he SQlltnw4st l/4 of the "'QI1pw"- If'''otSec;llon 2.9.
T&..n$/llp 22 :so..u:, ~ :Ie. Eosl. Orooge C9Ul1t~,. flQmlo. being NO'..:2'l~E (~).
("....menls or n91\t11 "I . w<Yj tmll <lPp>l:\Or rm (i'<:Cf~pkltr$ Of lh<lt. ~ b<l!en flolMitMd to the $.I",,~r by ()thlH'll
he." 1:>_ ir.(;Qrt>>f<lfed "'to lhi$ or'O"'''9 ..ilb ...pprQpriot"l'KlIIJ\loo. O!.t>cr "O~M>lfl may be< OOlK9".'.o by ;; ..ot~h
01 Ine P"t:>Iic RllCQnllii.
.' OC$IicC Q!'l tht: N<:ll~ FI\')",* Ftl%l Mep Commvnitr No. l:2O$$CO~2.OC. d<lt.(l l1/ot/:2<<lO
th!! <)1::><1"'11 <U!J<:tiIHl(l pi"openy \$ Hood ~lOtd or...., Z<l'M . (;. or.o of ,...inimcl flooding
4 NO <.m<lef~lte\.md. ",Iil\I)I!01.on1ll "'f "oy" bn,", !c>tUled "o<:epl 09 nOllKl,
;;, H."",.$ .", villibHII lW'tjIC"e<: l>" Ihe olte oi HIli property ..hl<:I1 mit;t>l $"9Qest Q pO$slbl. clcim 1)/ easement
other snOw-flon
e ,,$e<l fat ""eel >.lINll.1\JM rrCHNICAl SlA~ fOR LAND S~ CH, 61(111-6
t.
fj
10
end theQ"9ino! '0'\14,4 I$IIAl! of 0 rloridd ~e.,tI$.1l :S\Jf'~ (1M II'\Ojlpllf'.
'''' indkolcd jfj !eg.tt><J ore <lot \0 '(;1I1e
.!illh""l bMe1it Me Til!e 1ii<!llrr:h A '[lIte l>eqrdl may .'!tfllOl 00<!!t>t>"4I i"fe.r""otiorl
ti$ 'Sha....n
thj:)3~ 4;'!JJb~~ te'OhHtt in \1H:: ~rt'ii'lleaote v,dn:fty Qt UlE: Obc';r4 Q~'$-c.'~bod p<:Jf1:,ffIl ~nd$("yholrJ.
OF 2
Boundary Survey
FOR
!)~l" Dee, 14. 2002 fiLe
J,* N4 'JiCQ'C:
45727096 1 w"'40'
LEGEND
o := l>'6h 't),p,c
. (o-ncrete MO!'1\)men~,
. !x 'nn Roc St:J \~;,t;:C
IH
'* r~Q~1 f.l UlSt
SOOTH~$~. .WOPPlNG COfIP,
PrOf~8$ionft.l Engineering
Consultants
f:XHIBIT "B"
Pugt. I of 2
006,3217642
SCHeDULE "A"
p~ 112
PURPOSE: RtxId Righi-of-Way
A portion of l.ota Z, 3. 4 ond l5 IhrOl.lgh 14, Wulo....r Fotms as r~or4" in Plat Book O. Poqe 120 0'
the f'ublk: ~ll'CQrdll 01 Or;::n9* County, F10t'ido. lying in s.etion 28. TOW$hip 22 South, Ronge 28 Eost
Beinil rt!0t'1I portlc<.sklrly <if/scrllad till f<lllowlI:
Begiooif19 ot 1M iflte"'~tlon of the Northerly Right of Way line of OldWlm.lIf' ~ Rood ond the
Wdt.rl)' Right of Way line of OivisiQll Avenue; lh.,.,c. alotlg soid Northerly Ritl'lt of W<ty h ttte
f~owir\9 lwo co"rsfUi; N7!r20'08"'W 1,164.83 IHt; thence N79'00'o6"W. e., .$3 'e.t to a point on tM
easterly Rigl'ltof Wo'! II,.,. of 61odurood Awm.l.; tn._ along Mid Eosterty Right of .Wayline tM
fo.owing thIM: <:Ol.lrll..; NfO"17'4l,l"e: 13.00 fHt to "peint on the ore of a non-tOf'lgel'lI cWYe concave
nOl'theQl;terly Mvinlj 0 rodilJiIIOf 2'1',QO h~td, Q centrol 0I'l9'. of 7$'33'51' ond a chord of ;'54.55 fefl
thot 1:><<nl'l!l N19'5!fHfw: ttwille. n(l(ttl\1reslerty olong the orc of solei CUl"t'.. 31.49 feel: In.nce
NOO'l)W2JfW. 25,70 feel; lhence <iepertio9 floid Right of Way line S"T4i()'t5"'E. JO.16 INt to 0 point 011
the (It'C of 'J non-l<lngel1\ eurvllt eoocove $Q\Jtb.rly haYing orodius of 2,149,00 fefl, a ctntrol o"9kl of
(J'J'07'fJ(f ond 0 chord of 26.6,75 f..t that plJQf'lI S79'2 1'21"(; thence eosterly otoog Uw ore of soid
{)UN., 266,93 t..t, thence S6$'25'4Il"E; 50.$~ feet to (l point Ol'! l) !ii'll being 50,00 tat nol'tl1eriy 01
oM poronel YI\thaforelloia Northerly Right ()f Way line;tMncc 131009 ,old peronei line S75'2S'<l8"E.
6SSL53 f.et; Ih."..,.;;e N52"22'15"E, 3(L66 teet to <1 point on 13fOl'fto!d Westerly Right 01 Way Iln.; thence
aloog $(lid Right of Wt'J'! line SOO' 11 'o6"W, 76,60 fetct to the POINT Of 8€G!NNlNC.
Contoining 63,4lii<2 'Square teel Of L4€ acrelO, t!10r. or less,
1, ~ .llQlm M"'" "''''' 1>0"'"' "" the ~n _ of 11\. S<>utll.....tl/4 of .... North"",Jot 1/4 6f SHIioIt ft, r~ 22 SovUI.
Iill:109<l 7111 tOlt 111 ~ _4~'l~E <-",...),
t,
that IN .~" of
of IN o~ delt;rlM:d "..r\)''' t'iIi'll"" ...,.......,1 !Ill "" ....1 of .my ~
0/\4 lIlal it lI14llU 1M ljll;MlcQl ~""'~ ...., lOf'th by "" ~ &ooi'<I <<
427 of III. FIoridIl StUllAM,
.~n7072
DeacrlpUon.
FOR
Professional Engineering
Consultants
(,1\:>17-", I'1Qfido ~l/1I.
"''\Iv,," _ 01. Olljll;hptkm
jj, o..iNjj Ileoor 1M j\()lotiotl \hot
THtS IS NOf A $UMY.
EXHIBIT "C'
Page I on3
SEt
JIO. 4&46
006,321164,2
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ME 1/4. H E 1/.
SECTION 2$1
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WESTOVER fARMS
PW\T eooK 0.. PAGE. 120
Wl' "I B1.0Cl<8
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50.69'
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006.321764..2
SKETCH Of' DESCRIPTiON
PAIiCE! 11 ~
....
~
....
S E 1/4. N E 1/4
SECTION 29
I
I
_ ~ IU.llltJllII( Ot'll1llCf
"'*II. II NO.
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WESTOVER fARMS
PlAT '8O(.)l( O. p~ 120
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un 12 . '
un !1
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WINr~p '6i.8J'
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OP WAf
A~'
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Il-AAOID$
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Of WAY
30 thrQvgh 32, Block 12, PARI( RlOCE os rllctlfde<l in PIGt Sook O. P<lge 10001 the
Oro"9" Covnty, F'iorklo
Seil'il:j fflOf't' P<l fHclJll'll1y .dlIsai'Mc as loll"..!>.
ot the ....tersedio.... 01 1M Ilosterl)' righl "I wo)' IlOt! of j);\I'lI,Qn Alftlll.ll Qnd tbe Sou,thwest.t!y
CQrfl1I1 soi<l tQt 32; tl\ence NOU H '!l6"E Okw'il $0.12 eo.ted)' right of wo)' line 76.60 ...1; tbel'lCil teo"ing
lfIuid rl9hl of way 1i1le S37:m'()5~E 0 disloroee of 3$,49 16ft to 0 JWint on (I line being 50.00 fflt l'IOl'tt!ef!y
01 ond porolkll ""'It. the northerly ri9h{ of..oy li"e of Old Winter Gorden ROOd; IMncil S15'28WE olcllg
:said PQf!;1Hel line 97.1 I' feet 10 0 PO'rit on tlm _lefty Iloe QI ~ lot JO~ Ihen<:e SW:W~W olong .016
It>! tine SiOJ)O feel to tl poinl (ll'l the $oid nOf'thel1y rit,Jhl 01 ..or Me of Old Wint1I1CotdenR<<ld; thence
N15'Z8'08"W 010"") sokf dght of ..oy ,;"e 109.39 leel 10 the POlN! Of aEGlNNlNC.
ContQming 6,002 $qvQr~ feel Qf 0.,'; 01:.'.$, more wiess
Ofe bot...'" on 1M Nor II' I....." 01 l"" !i:W 1/4 01 the NW 1/4
!'long" 28 ros!. OfQng~ C<>unl.y. flwicla. being 1'159"42:'15"(
EXHIBIT "C'"
ralt' ... ofl3
SHif1 1 01' 2
Lelel ~pt.l()D
FoR
f',nh!lllm:mal Erll1.ine~rmg
COhl!u1t$nls
April 22. 2QO:a cs
~.
I" .. 40'
rl.Q-~ ,~.(ks-{rGij:1o:.
t.~iH!!~ Q ~901 ()'~t~cn
6i~iIf(~n, b~J' ~~ -/tQtolJqn _ ._. ~1
THIS ts HOT A $URYEY.
006.321764.2
000.321764.2
~
SKETCH OF DESCRIPTION
I
I
1
I
I
I
I
I
I
I
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LaJ\I~ i
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1" "" 40
GRAPH/(: SCALE
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.
40 1'10
EXH1B1T "C'
Page S of 13
70
006,3217642
PARCf::t 11/ RIGHT Of WAY
l.EGAL tltSCR!PHON:
A portion 01 l.Qls i8 oM 19, ::!lod<
Ih<!i Public Records pi t)q::u'>ge Covill)'.
PARK F<<QCE .<)$ ,KOfC(>(l if! 1'141 800k O. Po9~ 100 of
l!lem9 more ponil;V1arly dellctll;}e<.! <)s 10110..$:
8e9<o1\;1\9 01 tM M>utheo$lelly CQrMr I)f $Oilllotl 8. sold 1>"'01 being ()I'I 1M rIOrtherly f;9l\tol
..o}'kn. {II.. Old Win I., CQrdef'l Rood; n,.nce N7!f2troa"WoI0I'19 said. r''9ht of "'9Y line 50.00 f.1t
10 Ine1lQUtn..,slt1r1ycQme, QllilQid lot. 19; then,a IeQving soW ri9b\ O'f lIfoy line Hl<4-;WM"E
010<'9 the wnte<ly Ii.... OI$oRt Lot 19 o<li$l_e of 50,00 Ill'! to (I .~?t .o!'\ 0 1.1'111 bein9 50.00
leet I\ortherly 01 ond porollel "iln !Wid ti9hl of ..oy lifte; thetlce S1S'2S'O$"E 0101'10 $oidporo!lel
!In. te.t to 0 point .Ctl the eoslerly line of S<l!d Lot ! 6; thence S 1..:.51 'e.rw ol0l'19' sold lol
1,_ leltl to the POINT O. BeGlNNlNC,
{;Qr<toi.Il,nq 2.!>OO sqVQrl! feet .0( (},06 <;Kn.ll, m..... 0' Jess,
lh~ North I;ne "I the 'SW 1/4 of tl'le MY!..!.
QrQn<}e Co...nty, f'lor.eo. betl'l9 1>189"42'15 E
Leial DeHrlpUOD
fOR
,,,
April 22. 2002 C$
J<>b~; ~Ql"
45127039 C' m 4it
Pro[.,.$1;iOf\al I!:olllwwrmg
COllnollilnt"
(;-K
(;~dC f~->'JW*~ "Q l.t)-4l. d~:$C'
-gr{;'N''''''J (H)>')( -H~~ l'J,Q<\mto~ B'i01
THtS 1$ NOT A SOR'YEY,
EXHIBIT "CO'
Plil~6orl3
SHEET 1 OF :I
4$7:1703'
<X'lRP.
006,3217$42
SKETCH OF DESCRIPTION
~
1" '" 40'
{}
20
~Tiltl\'1~
OLD
80
WI: STERlY l.>I<t Of LOT HI-
EXHIBIT "'C'"
Pagt! "1 of 13
CtJlP.
OF WAY
12 through 17.
OfQf"ilf! County,
12. PARi< RiCe€: os re(;{)l'4ed in Plol Book O. Poge tOO of In.
Bc''''i ,,",ore IlCrlJeu!orly oil:scribed 011 toliowl"
0; 0 the $Oloithlll'l!$terly oomer of scld Lot 17; tMeneeNI4'Jt'52"E 01ot'i9 the w..tel'l)' line of
\ '1 II dlstone. of 5CtOO flllet to opoml 01'\ (I ti..... being 50,00 feet nortn.liy of OM flOro1le! with
the rn>t'tlll!r\y rlqh! of ..o~' !ine 01 Dfd WI"ferG<.1ruert Roo4; thence S7s'2a~Q8" E Qloog$Qlcl pOl'oIlel 1111.
150,00 feel to 0 point 011 the westerly rV;lht of wey li~ ofRO'lJe Avenvc; th.l'il<' SI....31.S2"W 0101'\9 .old
fi9ht of wo)' Hn.50,OO feet to. the $Cutheo$hlrly comer of soid lot 1201$0 beill2 0 polnt Of'! tht
nQftl'ler\yright 01 wQJy line of ofOff1l01d Old Wil'ller G<lrdel'l Rood; lhenl<e N75'28'08 VI al0l'i9 aoid riQht of
'/IIay ,i,.,. tS().OO 1",.t to the POINT OF aISGINNl~C,
CQntelrong 7,50050l.lQr. feel. or 0.17 ceres. mo... <:>r less,
NOTE: ihe !.)j!Of'r'Il;l'lillhow" hereon
of Sediorl 29. TOIO'Ni.h'P 22 SowO"
(.ASSumed),
QQSlld 01'\ the NQrlh II". 01 tl\", SW 1/4 <>1 1M NtH 1/4
28 to!!l. Orot\qe County. F'lotldU, being N8tT4 2'15~'E
6~C17-6", f')crWe MrNtli$.h''Odvt
r.o;;if'fi thO!. C '<<=q~ d<<:Kripdofl;
drc-.''lflQ' \)*0.1' tht: notut~..1-hCl
THIS /SHOT A SOl'M:V.
Lqal Dacription
rOR
Prol*lI",iorllll Engineering
Cotlll>l.lltdnts
O~d.;
April 22. 2002 CS
..11>" "<>,; ,,,,,,!<t,
45727038 I" - 40'
I':XH .BIT '"(~~'
Page l!l of 13
000.3217042
006,3217642
H OF DESCRIPTION
loOT II
LOf \0
u:;r 1S
l.Ot '1
~
~
:>
<tC("~
lOT 12"... 4:
'8~ "
g~ I.tJ ~
!?3E
~O
J (.I) Q:-
L soutlOSTtJll.:r CORHEIt 01' tml2
POINT OF'
BEGINNINC
riOlJr..wE!ilfi:~LY ~lIrt!. .OF toT 1,. ~ ~ It<: 1
uLO . . .. ... .1' /h/r
WINrE~
60' ~ARDtN
ROAD
EXHIBIT "C"
Page 9 ofl3
~
1" ",. 40'
GRAPHIC SCALE
20 40
.
80
~,~,:
C
l.,,:;ot Qlj,tKdf)'1h)f"
000.3217$4.2
RIGHT Of WAY
11, PARI< RH)Gt O"s recorded in Plot Soo;. O. P09f1 roo of tM
ee'f!<;l fl'1Qf" porti(:ultlrly oflscribltl1 011 10!loW$'
l1eqinning ot 0 Ihe> .nt..-uc\,on 01 the (losterlj! right of \lIoy lint of Rowe Avenu. ond I". nOf~l1yri9hl
<II ,",OJ! ,ll!'!. of Ol<:l v,t'l'Iw~rdenRnod.lJeing 1M $4VIl'!..esterly (,O(ner of sQid ,"01 29; ttlet'lCeN14'31'S2'"E
0101'19 Mid !lOst.rly "'9ht (ll ",oy line 50,00 f.fl 10 <: point on 0 line beinJ;J. 50.00 teet nortl'lel1y of and
porol!l;l!with notlhe.'ly right of woy 11M; thence leaving sold ri9ht of way line S15'28'08"[ O~ 'SOld
P<lroHellln.. leel to o po.,,! 0" tM \'JQlller!)' Ii". <:>, soid tot 2'; thence Sl.-.31'S2'"W olMg soW lot
ling 5(LOO le'It\ to Ihesovlhoolllerly cor.....r 01 soid lol 27, blIin9 on lne alOfeHid northerly ri9/'!t of wey
of Old Wlt'ler Corden Rood; l}'len<:l! N'15'ZWOH'W oh;H\9 50'0 right 01 way line '73.91 ree. Ie lne POtlilT OF'
eEf:;lNN1NC,
Contoitling 3.69t:l SqVOtlt leel or GJ;l8 act~S, mete or I.eS$,
bOSW Of! the Notlh line 01 Ihe SW 1/4 of t~ NW \/4
28 tost. Oronlle County. l'Ior.oo. beinq r4fI9"4::!'IS"(
b'i!\lr."gs sl\O..,.,
29. Township
tela! De:acription
FOR
Pt'Qf""Sl<l!H.\ EnglfleN'lng
Con$u.ltantll
{h 6J(,17....f, f'~J:~~~mn..lr(it~..'f
c~~ ~.q~l',ej H~~n -G l~9.old....cYtp.l:iQ"
otu.~n<; C'.~'it tn., ~:'Uj~~~o:f' In(r,:
THIS IS NOT' A SUFM:Y.
EXHIBIT "C"
Pagel () on 3
:;hrn ' or :2
4~7~70'J
(;(lRI>.
000,3217&42
POINT Of
8EGINNING
SClJl HI'll5tE"LY
{;()jl..Ol (If U)l J'il
SKETCH OF DESCRIPTION
r'~---~ ..JANt
I ----_~ttr
/
f
f
I
I
!i
i.;(H ~
1..<;)1 2
l
I
I~ A R I( ~0Cl< ;\ 0 C E
/ PUll El(l()( 0, Pi"CE \00
i Wll9
/ ...or ze
1
i
I tJJ>lL
IOkD
R/fI i,.lIl(
~
I' " P K
~
t~.- 40'
~iAPHrc ... S~t:
20 40
.1
80
,
o
$O\.Jn<(;\STall Y (;QllNltf< or .01 ~,.
ROAD
EXHIBIT "C"
rag~ 11 t)f 13
,_~;'j;H bi!:1'<,.d'dt,')"
005.3217$4.2
PMCE:~ 121 RIGHT OF' WAY
lt~AL tlESCRiF''fION:
A (>( Lets 22 ttln:llJll'" 26,91(1(;" l1"AR:K RIO(;( 011I r~d.d ir> PlolEloolc O. poge 100
of Recordll of (}rorge County.
ae1n<j more POft!CVI(l(1y d~H.crit>f!rl <:1$ lallow.;
Ill~S;l'\l'\iI\9 et the interueticn of tne oQrtMny right of ....01 lint of Qlo W"lAtef (;Ofc.n Rood onc
Ihe SQvthw8$,etly comer 01 6010. 1..0' 26; thenee NW:;Sf52t: oli:m9 ttl......terty I.,. of .old L~t 26
o distOl'\C1Il of 50,00 feet tQ a point on 50.00 ,..1 I'I()f'tlttll'ly of and poroIhIl with. the
plQfll$Oid ,19/'11 of 1110)' Ii!'.; .. $oi4 p<<ollel 1...141.00 '..1 to. 0 pOint on
the 11ne of $o.d Lol22; II'llll1ee $14'31 OIon9 $Old tot Im.saOO feel to 0 point 0t'I
wey line,lhence N1!S'28'(I8"W OIong .CI<l Iitle 141.00 feet to the
Cor teln'1'l1;l 7, \l:::>C fiql./Crll loet Of (},16 ..eres, mote Of htlls.
on I"e Norlh Ii,.,. Qllhe SW 1/4 .of the NW 'L.
EllS!. O'anqe C_ty, f'I",tida. 0010'''9 N89'<l2'1l5 E:
It::
neacripUon
F'OR
F'rQ!euwnlll Ellgln.,oIOring
CCnlmltllflts
April 22. 2002 CS
,100 lIl<l l>c:Olt'
45727045 1" ... 40'
C~^ 6tO"...t. nl)ftGc';~rti$ttcthl.
c~ r'.(t>A~. l~ct 0 ltifjCi ~.crlpti-(>>\
df'-o~(j ~~ tn.. ~ototlon .~ftt
THIS IS HOT A SURVEY.
EXHmlT "C'
PlIgt. 12 of B
5Hf:fT ' Of .2
CORP.
005321764.2
SKETCH OF DESCRIPTION
F *R><
:s/
~Of LOT n W
OLD
WINrf:""D. .. IitORrlfflfl'r'lll0tj
c;.;;.," G .. . OF llI!.
60' R . :A.RogN. .. l" uttr
:/w ROA.D
so
1# .. 40'
SCALE:
o
C(lRP,
EXHIB1T "'C"
rage I J 003
(JOO, 321764 ,2
HGtiT Of wn DESC"lIP"'10N
Let, PARK RIDGE os <ecorde4 ,I) PlOt &-ok 0, PO<Je 100 of the Public Records of
A portton d1
OrQI'Igll <>>uflty,
811i1J9 more lmrlieulorly lJef"::n~d as fellows
ae~"rWngQt the intt~f'$ee1jol\ of lilt! aoutheusterJy corner of soid fXlrl<: lot ond the northerly right otW(JY
lim~ of Old winter ()<;ftler RaGa; thence N7S2S'OIl"W olQ!\g $oid t'ght of way line 25cJ.00 feet to tM
&Outrn.e5Ierly CQI'l'ler of tiO;(j perk 101; IMrlee lea\l,ng $4'd ri<)hi of w4)' 1\11:t..3 t'52"e: olons thewlI.btriy Hoe
of sold pork lot ffi},ClOleet to 0 pomt on () line tlei"9 50.00 t..l northerly of (lnd pGfolllll with soid
northerly (igl'lt of 'lto." Ime; thence 57S':t6'08"t 01l>fl9 !l(lid pGfallfll line 253.00 t.et to lJ poi"t 01'\ the
eQstefly hne cl l!oki P()(~ !tit: l~.ence S14'J1'5:rW 010;19 lIOicl lot line 50,00 fetll to IN POINT Of'
B(,CINN1NC.
(;0(\(0''';1'1<) 12,650 squQr~ leet Of v,:79 0<:;'<1". rrr(jr~ (>I' 1<1$$,
SURV~ Il:Ef'OR'I
1. a-e.".....9$ ~l'!_.. "'*'.""ar~bQ~"rl "" Ih.. Nortb ~M of !h<I $ovttl..ut V 4 pt U;e NtlrIl'l",..I 1;4 of $ec;tion 2$.
'fo1"/tl$hiP 22 $wIll, Roi'l~ 2e Eosl. Oronqe CWtlI1. flQ(!OO. beII>ljNb9'42"~~E (MSiltNld),
,,1, E.o...me'd$ ar riql1t$ of lItqj t~o\ appee' un H,<:Qf4t1" pI./ln.$OI' tlKlt 110...", b"'." ly,ni$fWKl .10 the 5U,.,..YO' by QctMts
l1l:J>!ttlP!!eIl itlcotpototro into Hut; (1(0.'119 .itl'l opproprilllt MlQllQll, OtbIIr tQHl'I'l1!ntS 'I\'!QY "II' .if(9~t(" t>y 0 _ell
ll>! tM ~!tl:' Jl~ord$
, t'l<:l$!I!" otl Ih4> WOl.iotl!'! h."C II'SI"""':" PI091<:m'1 f"Rt.A M<lj> C(lrl"~11 No. Il!O\l5C0220E. <:lOI.ed 12/0612000
j!'We ob;;we "ellOrlbed p'",,,,,,n;y .,...,th'" " #~""'('i"l flo.)d "~no;>.rl (lf~. Zone -e. QU'O 01 .....!tlimol fk>clding.
4. Nt) <Jl\illlf9K>ul1d 'I'\llJOiIOl,OI'1S QI 1fl,pto'.ItWI'lIS """., "tllll IOClIted tlXClIpt 0$ ....ol~.
:" rhUf. .$ ."", ..i1libkl ~..!d(lf\'''' "fI ft." ,Fount! Q( \I.1I <>I lll~ ll"overl)f whi':;h ",,)gnl ,u99'!'1!11 <l pou!bl'" claim 01 .o,",m<mt
olt:~f' tno:n thu$'t $hO_" o:n; tn. 1h;r..ey,
t, M"o.....~ """tlll1ds <J\iit4 It>! {hi, "Jh"'J iTH'''' M!NiIllVloI l(CMNICN.. STANOI<ROS rOR t..AI'fO SUR~NC CH. 61<.17-6
''''<l'''r!,..,eflt~
N~~ 1ii'Olid 'fi(;thovt t~ Qr-,C WIt"
a: '; ~;;;litwf~! ShQ~p ~y .e-s i~
9' 7h;~ -t"~tfQ4mit>d .ilhiml b<iiff~~f; t
-as -S~j",,'r,
<;:,o-ly t.hO~ "";S:l1:r-*, t~dvr~~ 11'"l ~,t'I~ ji1"WlediO~f yicirnl>j 01 ~he Oh4'V't'- 4~$Ct.bed perce! t)(HJnd.oryho~
roj,..,,, el Q flt:ifldo flj;Yl&\!d SlJ"""~IH (lI'HI mapper,
ort' :i;:QJ.e~
" TiU", U<ltell, fi. Titl\! .eord> 'My ,,,,,....1 odditian<ll ,nfCf\rl\Oti""
2
:JQt~'Dee. 14.2(102 SLC
45777097
Boundary Survey
fOR
JQt; NQ
45727097 ."..40'
LEGEND
<> ~- Ut;,n P:,~~
.:~ Cc;,r'lCr'tde MOnVf'rlt!:r"I\
. ~ Fen} Pn<: 'SSiJC
La
$;." ~t1Gd & O~tK
Professional Engineering
Consultunl$
.~~p,
32" .~ Otli!/ll'ldo Aw..
....'tlol><l, l'lo:lri4lo 32751-41M
(401) U1-llll.9(l CEIfl', HO, 1..S2108
. 011; ilIfoO~~
In<H1B1T "'1)"
Pagt' I ()f2
F'f.'!'<;d~<<,d
nJFi: '" .1.t
006,321764.2
BEGINNING
POINT ~1I or f>NtK
~,OUltQ5rEf\Ll
1'01 ;;>
i'ttocr
l"_
J
lIS
l~
,...
51
"'AIiT Or
,o~i)..
RIcH; OF J1I-4y
It..~ lflVl" - /t(7!f':
OLD lit/IVreA 2$3.(10.
'R GARDEN ROAD.
80' J\l/W ,.,
""0"
EXHIBIT
. Pflg~ 2 on
j" 4C...,
, {^' cI'A..t.
r"L.."APHlv ,,~
,><Jr-:;"." .. ........."
4[<
~
80
t,<<,."......-
(I
;;0
~
rgf'l
'!PI:
5/ - is
f'..
...
-
CI)
CQAP.
EXHIBIT HE"
DESCRIPTION:
The Park Park Ridge, according to the plat thereof, as recorded in Plat Book 0, Page 100 of
the Public Records of Orange County, Florida.
Containing 31,372 square feet, 0.72 acres, more or less.
LESS:
RIGHT OF WAY DESCRIPTION:
A portion of the Park Lot, PARK RIDGE as recorded in Plat Book 0, Page 100 of the Public
Records of Orange County, }<~lorida
Being more particularly described as follows:
Beginning at the intersection of the southeasterly comer of said park lot and the northerly right of
way line of Old Winter Garden Road; thence N75028'OS"W along said right of way line 253.00
feet to the southwesterly comer ofsaidpark lot; thence leaving said right of way N14031 '52"E
along the westerly line of said park lot 50.00 feet to a point on a line being 50.00 feet northerly
of and parallel with said northerly right of way line; thence S75028'OS"E along said parallel line
253.00 feet to a point on the easterly line ofsaid park lot, thence S 14031'S2"W along said lot
line 50.00 feet to the POINT OF BEGINNING.
Containing 12,650 square feet or 0.29 acres, more or less.
006.321764.2
OOcL321764.2
f:SfA1lt.
PURPOSE: TEMPORARY CONStRUCTION
II polik.1I cl Lots 2. ;" 4 (lnd 6 thmuql\ 14, W.,1itclltr forms Q$ teeorced in Plol 8l)Ok 0, Poge '20' elf
1M Public Rec<<o$ 01 Orange COW !'!ly , t!otido. lying in Se<:lion :29, Township 22 South, ROf'l9l! 28 Eoet
8e:in<} more pcorticuior\y dl.'scribed os followl'"
CQrtlffle:OCi!'19 ot lhep<;>int of mlefseet,otl ",I the N~y Righi ol Way Ii" of Old Win!<< Gord<<i Roed cmd
the Wdle:t\y Ri<)hl of Woy Ii" of Oi'ii1lhm A\len~; t~n<:e <l10tl9 $Oid Westerly Right ofWoy line
NOO'l1'~'E. 76.00 fl1lel;lhll'~l!l depcrtin<) $oid Fli~hf 01 Way line S5Z12'IS'W, :24.34 feet fO the POINT OF
8EGINNlNG; l)14Jtl4;;e contlnue SS:r22',~:rW. 6.05:> feel to (I point 0tI (J Ii" beiflq 50.00 ,et>t northerly of Qtld
paroll<<ll wiilff the NortlHIll'ly Righi 01 Woy line of Did Winter Cord..... Rood; thence olong said Right of Woy
line N7S'2;fj'08"W, 589,53 ftet; thence N6Er:ZS'413'W. 50.69 leet to 0 poii'll on the ore: of 0 nOtl-t00gent
curve CQn<:<l\le soull'lefl~ h<lvirKJ <I radius of ::U49 00 h;;et 0 centrol 0"9'. of ()7'07'OO"ond 0 chord ol
266.75 feel tho! b$o.rs thli'"ce wl!sh:riy along theorc of $O,e CUfWl. 2&6.9.3 f..t; thenee
"441'40' 15"W. 757 feci to o poi"' 0" the ore of Q non-tol"tg<l1lnt curve concave sollthet1y tIoving 0 rodius
of 2,!5U,)O le<<t. Q centroJ O1'lgle of 07'16'H~ ood (l ch4;>rd of 2iJ.4~ feet thot boeors S79"25'40"E; thence
$051<<,rl)l 010n9 the arc of :l:oid Cufve, 273J;;~ le"t; tMl'lce 56tl"25'46"E, 50,70 feet to 0 pqJnt being 55,00
feel nQrlherly of ond jXlf<lilei ..;th OfOfeS(lid Northerly Right (Of Way I,ne; th~ce olOtl'il sold parallel line
575'28'08"1:. 89302 feet to the; ?OINT or BEGINNING,
ConNinirt<;l 6.06! squore (eel <:if (},1 <I, oereS, more or less,
~~m;
"""""" .... ""...4 Id1 w. !I~ 'Mol tM SW 1/( of _ MW 1/4 oi ,-,,,,,ti<m2ll. l...."'~ 22 ~. Iid_ 28
f'k!4iU9< .~ M::85"-.?"'~t'E {Alrlti~d)
(, '1'M i>f:>ori.1j$
(""\, Or~
'" In. oil".. _&b.d ptepc.<<,. is ,,,..e .nd (o,re<t to ,1\, ...t ",( my -"1e<l9"
_d l1't#t it rn~. ttw \01,""""", 1........""1 $"'~<l....<l. lo, l""d Sln'YlI'I9
Iii. . S.ol~" '"
Cf""fl~my
45111073
cv
DE8CR1PT10N
FOR
... lOO'
PrOfe$SlOl1n\ E:tl!itll\cering
Consultbtlt,s
CiM cf lGt }-6 ('t6nc~
Cc-ci~ t'e:quk~"!i "tfitrt 11 Hf901 a4u~cf~
dr$w-#~ w{){ th+;' nototton ttl<.lt
T'HtS 1$ NOT A SUR'VE'(.
EXHIBIT "f'"'
Pllge J Qf' 3
SHEEr 1 O.
SEE SH[[i Z rOR
110. .JI.r.
006.3217642
SKETCH OF DESCRIPTiON
.e::f'C~~ 7'20
w
::>
z
w
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<(~
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00
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O~
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00
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CD
{A)
R=2154.00 L-273.65'
l>. =0716'44"
CB=S79'25'4(}E
CHORD=273.46'
N E 1/<1, N E 1/4
SECTION 29
.J'J~IiIOL~~
_Dill.
....22-. OOOG -0# ."
(8)
R=2149.OQ L-266.93'
{). =0707'Off'
CB-N79'21'21'W
CHORD=266.7S'
~.
~
10c
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a:j
I
~l
1:" un 6
~I
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'{
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! ----"'-
f -^......_'___~ . hi-OPT
j ._--~~t~{y
. ~~~1~
N 41'40'lo,Yi! --~Ar
7.57' OLD------'
WINr~R ----------
RICHT OF"GARD~N.
WAY VA/;'/fS
lj.,'A""
('i,.:'~l';
D~4C'i;-:<.<r
WESTOVER fARMS
PLAT -!:lOOl{ O. PAGE 120
BLOCK 8
I.IJT <I
TEMPORARY
CONSTRUCTIOt-l
EASEMENT
UlT ,
(A)
(B)
~
EXHIBIT "'F'
j>lI~e 3 of 3
J -100'
GF.A~_l~~~~~~: SCALE
~:,"'-'> 10D
200
...
l>
..,
w
Ei
i
~
l.llT II ~
5 66"25'46"' E l.llT ,
S 7$'50.70'
<8'Oa-
, ~
ROAD
:x>trnlllAS1'ERl\ SUIlViYI/lG '" IW'f'I1lC ~OIlP.
324 liotU\ <lrlan.t" ...._
!(altland, I'lorid.a 327:11-47ot
iiQ11114?-ee~ !u(t0'7)647-16117
err\.. lio. UJ-21oe
ern. 1Ltotofta.iYUth ...\c.m'-l.irveyinj,.ccm
c
(l()S.321764.2
OF
P~CEl no
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~
'"
~
\iI
S E 1/4. N E 1/4
SECTION 29
0($1 ~ __ Oi$'llb('f
fIli\llCI\t. D NIl.
2I-22-~1
iIUT -.: "lfOIU: lII$Il!Cl
_ III NIl.
2...2t-Jt-<<I2.....-1JO
U)T J
U)T 2
WESTOVER fAfUtS
RAT 8001< O. PAGE 120
BlOCk e
NT or eEGtNNlNG
U)T1l U)T12
~.,., . S 52'22'15" W
.",W.-ORARY 6..33'
I.L.I
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~..~
:;>.1
<I,&..
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2..).4' ~
Z~
0"
-8
(J).
S>S
-
o
Ol.D
W1NTcp
RICJ.rr'" G
OF WAt
VCN
IrS ROAD
EXHIBIT '.f'"
Page 2 of)
~J..
~
1" =100
GR!d'''liIC SeA\..(
.." "
::-c' 100
.4
2C0