HomeMy WebLinkAboutIII (K) Approval and Authorization for Mayor and City Clerk to Execute Agreement Between the City of Ocoee and the Coca-Cola Company t
Agenda 11-20-2001
Item III K
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0524
TO: Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
CC: Russell B. Wagner, AICP, Planning Director
Marcos Marchena, Esq.
DATE: November 13, 2001
RE: Property Access Agreement Between the City of Ocoee and the Cola-Cola
Company
Attached hereto is a proposed Property Access Agreement between the City of
Ocoee and The Coca-Cola Company which grants to Coca-Cola the right to enter onto property
owned by the City, commonly known as the Coca-Cola property (the `Property"), to conduct
limited soil and groundwater sampling in connection with Coca-Cola's ongoing environmental
assessment of the Property. Further, if the existing monitoring well is unusable, then a new well
may be installed. All of these activities will be undertaken by Coca-Cola at its sole cost and
expense even though they may not be legally obligated to address this matter on a post-closing
basis.
As you may recall, when the Property was purchased there were two minor
contamination issues. Coca-Cola has voluntarily continued to address these issues. The
Property Access Agreement will allow Coca-Cola to collect the information needed to satisfy the
Orange County Department of Environmental Protection's questions about these issues. The
contamination is not expected to interfere with the proposed uses of the Property.
The Property Access Agreement is legally sufficient to protect the City from any
liability that may stem from Coca-Cola's work on the Property.
It respectfully is recommended that the City Commission approve the Property
Access Agreement with The Coca-Cola Company and authorize execution thereof by the Mayor
and City Clerk.
r r
006.238339.1
PROPERTY ACCESS AGREEMENT
This PROPERTY ACCESS AGREEMENT (the "Agreement") is made as of the
day of - , 2001, by and between the THE COCA-COLA COMPANY, a
Delaware corporation with its principal offices at One Coca-Cola Plaza, Atlanta, Georgia
30313 (hereinafter referred to as "Coca-Cola"), and the CITY OF OCOEE, a municipal
corporation and political subdivision of the State of Florida whose address is 150 N. Lakeshore
Drive, Ocoee, Florida 34761 (the "Owner").
WITNESSETH:
WHEREAS, Owner is the current owner of certain real property, as described more
particularly in Exhibit "A" attached hereto and incorporated herein (the "Property"), located
on State Road 437, Apopka, Orange County, Florida; and
WHEREAS, Coca-Cola seeks permission from Owner to access the Property for the
purpose of conducting soil and groundwater sampling as part of a study Coca-Cola is
undertaking pursuant to requirements of the Orange County Environmental Protection Division
(the "Work").
NOW, THEREFORE, for and in consideration of the promises and mutual covenants
and conditions contained herein, Owner and Coca-Cola agree as follows:
1. Coca-Cola, its contractors and their employees, and invitees of Coca-Cola shall be
allowed non-exclusive, limited access to the Property for purposes of performing soil
sampling from the location of a former 500-gallon underground storage tank (UST)
used for fuel oil storage, and groundwater sampling from existing monitoring well
MW-1 installed on the Property.
2. Site access under this Agreement shall be limited to soil sampling at the former tank
location and groundwater sampling from the existing monitoring well MW-1. Coca-
Cola, its contractors and their employees shall not drill additional wells on the Property
unless the existing monitoring well MW-1 is unusable due to construction activities on-
site or otherwise has become unusable for sampling purposes. If the existing
monitoring well MW-1 is unusable, then Coca Cola may install one additional
monitoring well adjacent to the location of MW-1.
3. Coca-Cola shall conduct all work on the Property in full compliance with all applicable
federal, state and local laws, rules and regulations, including but not limited to the
sampling of all monitoring wells in accordance with all applicable regulatory
requirements.
4. Coca-Cola shall leave the Property in the same condition in which it was found.
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006.236728 3
5. The Work shall he performed entirely at the cost and expense of Coca-Cola and in a
manner in all respects reasonably satisfactory to Owner, and further in such a
reasonable manner to avoid harm to persons or property or interference with Owner's
operations.
6. Coca-Cola, its contractors and their employees shall collect, containerize, remove from
the Property and properly dispose of all purge water and other derived wastes generated
during the activities conducted on the Property.
7. Coca-Cola shall take care to maintain the integrity of the wells and shall take adequate
precautions to avoid damage to the wells, prevent unauthorized access to the wells, and
to ensure that no contaminants enter the wells.
8. In the event of leakage or spillage onto the Property (including contamination of the
existing monitoring wells) or any adjacent property of any hazardous wastes, hazardous
substances or hazardous materials as a result of the Work, Coca-Cola shall notify
Owner and, at Coca-Cola's sole expense, promptly clean the Property (and any adjacent
or nearby property to which such leakage or spillage may have spread) to the
reasonable satisfaction of Owner and any governmental agency having jurisdiction over
said leakage or spillage consistent with applicable laws, rules, and regulations. Should
said leakage or spillage result in a fine, penally, cost or charge being incurred by
Owner, Coca-Cola shall promptly and fully reimburse and indemnify Owner on account
thereof, except to the extent the same may be caused by Owner's or its agents'
negligence, gross negligence, or willful misconduct.
9. As an essential inducement to and consideration for Owner granting its permission to
undertake the work on the Property, Coca-Cola hereby assumes and releases, and shall
indemnify, defend, protect and save Owner harmless from and against:
a. All loss of and damage to any real or personal property whatsoever and by
whosoever owned (including Owner, Coca-Cola and its agents, employees and
contractor(s) and any other person) and the loss or interference with any use or
service thereof resulting solely from the Work permitted under this Agreement;
b. All claims on account of injury to or death of any persons whosoever, including
employees and invitees of the parties hereto and their agents or contractor(s) and
all other persons resulting solely from the Work permitted under this
Agreement;
c. Costs and expenses incurred by Owner with respect to (a) and (b) above
(including reasonable attorney's fees) which are caused by or arise solely from
the Work or the presence of Coca-Cola, its agents, employees or contractor(s)
on any part or all of the Property or from the presence of any physical facility
installed, used, maintained or removed as a part of the Work; and
2-
006.236]28.3
d. Any damage to the wells or any cross contamination of the wells which occurs
as a result of the Work.
10. Coca-Cola shall promptly notify Owner of any loss, damage, injury or death arising out
of or in connection with work performed under this Agreement.
11. The foregoing indemnities shall not apply to or relate to environmental hazards or
contamination existing in or on the Property prior to the execution of this Agreement,
except to the extent such hazards or contamination are exacerbated by any activity on
the part of Coca-Cola, its agents, employees or contractor(s).
12. In addition, the foregoing indemnities shall not apply to the extent any claims, loss,
damage, costs, expenses, or other liability are caused by Owner's or its agents'
negligence, gross negligence, or willful misconduct.
13. Coca-Cola shall provide in a timely manner, without charge, copies of results or reports
of well logs and test results generated from the analysis of groundwater, or from test or
monitoring wells located on the Property to the undersigned, City of Ocoee, 150 North
Lakeshore Drive, Ocoee, Florida 34761, Attn: City Manager, (407) 905-3110. Owner
reserves right to split samples with Coca-Cola.
14. All work performed by Coca-Cola, its contractors and their employees on the Property
will be performed between the hours of 7 a.m. and 7 p.m., Monday through Friday.
15. This Agreement shall terminate upon Coca-Cola completing all soil and groundwater
sampling on the Property required by Orange County Environmental Protection
Division.
16. The contact person for Coca-Cola is Cleat Simmons, Esq. of the law firm of Lowndes,
Drosdick, Doster, Kantor & Reed, Orlando, Florida, (407) 843-4600.
17. This Agreement can be executed in counterparts, and signatures made via facsimile will
be considered valid as to formal execution.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
-3-
006 236728.3
ATTEST: CITY OF OCOEE, FLORIDA
By:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 20_
LEGALITY this day of UNDER AGENDA ITEM NO.
, 2001.
FOLEY & LARDNER
By:
City Attorney
Witnesses: THE COCA-COLA COMPANY
Print Name: By:
Its:
Print Name: Executed on:
-4-
006.236728.3
Nov- 1J-0I 12 DO FROM. '•, . ••• •" ••• •.• __
•
OR Bk 6161 Pp 43z6
Orange Co FL 200tr0550451
EXHIBIT .A-
PARCELI
A PARCEL OF LAND LOCATED IN SECTION I. T22S. R27E. AND THE SW 14. SECTION 6.722S.
R28E.ORANGE COUNTY.FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6. THENCE S89'4140"W
ALONG THE SOUTH LINE OF THE SE 14 OF SAID µECTIOp1ISTANCE W SOO F 84091R_A FEET TO
A POINT ON THE NORTHWESTERLY RIGHT OF LINE OF
TH(50.00-FOOT RIGHT OF WAY)SAID PONT BEING THE POINT OF BEGINNING.
THENCE CONTINUING ALONG THE SOUTH LINE OF THE SE IN1 OF SAID SECTION 6.
S8934l'40"W A DISTANCE OF 11669 FEET TO A POINT: THENCE LEAVING THE SOUTH LINE
OF THE SE 1470E SAID SECTION
OF 1. OIo 00 16 FEET TOACE OF POINT:THENCE7.50 T TO A POINT.
NO°00/0P'E. A
THENCE EOF .0"
TO AAPOINTOON6THE WE STOLINE OF THE THENCE
SW 1 4 OF SAID SECTION TA CE THENOCE N0900'Oo W.87 FEET
A LONG THE WEST LINE OF THE SW 114 OF SAID SECTION I.A DISTANCE OF 44.(8 FEET TO A
POINT ON THE WATER'S EDGE OF LAKE APOPKA AS LOCATED ON AUGUST 15. 2000-:
THENCE LEAVING THE WEST LINE OF THE SW 114 OF SAID SECTION I. NORTHEASTERLY
ALONG THE WATER'S EDGE OF SAID LAKE APOPKA. A DISTANCE Of 4841 FEET MORE OR
LESS TO A POINT ON THE NORTH03 4 FFEETOFFROMERNMENT LOT 2 OF SAID THE AFOREMENTIONED SECTION
THENCE
POINTEAVI BEND N ATI'49"E,
LEAVING THE WATER'S EDGE OF SAID LAKE APOPKA. 1969955'25TE ALONG THE NORTH
LINE OF GOVERNMENT LOT 2.SAID SECTION I.A DISTANCE OF 470.29 FEET TO A POINT ON
THE CENTERLINE OF STATEN BRANCH AS LOCATED ON APRIL 15. 2000: THENCE
SOUTHEASTERLY AND EASTERLY ALONG THE CENTERLINE OF SAID STATEN BRANCH. .A
DISTANCE OF 3847 FEET MORE OR LESS TO A PONT ON THE WESTERLY RIGHT OF WAY
LINE OF OCOEE APOPKA ROAD(ALSO KNOWN AS COUNTY ROAD 437. 120.00-FOOT RIGHT
OF 'WAY). SAID POINT BEING 558°54'44"E A DISTANCE OF 344821 FEET FROM THE
AFOREMENTIONED POINT:THENCE LEAVING THE CENTERLINE OF SAID STATEN BRANCH.
SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT. BEING ALSO ALONG THE
WESTERLY RIGHT OF WAY LINE OF SAID OCOEE APOPKA ROAD. AN ARC DISTANCE OF
4T2.52 FEET (SAID CURVE HAVING A RADIUS OF 3251.83 FEET. A DELTA ANGLE OF
I I°30'42-. AND A CHORD BEARING AND DISTANCE OF S1O°26'53-W. 471.73 FEET) TO A
POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE WEST ORANGE TRAIL
(VARIABLE RIGHT OF WAY): THENCE LEAVING THE WESTERLY RIGHT OF WAY LINE OF
SAID OCOEE APOPKA ROAD. 573°31'19'W ALONG THE NORTHWESTERLY RIGHT OF WAY
LINE OF SAID WEST ORANGE TRAIL. A DISTANCE OF 359.11 FEET TO A POINT: THENCE
CONTINUING ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID WEST ORANGE
TRAIL SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT. AN ARC DISTANCE
OE 720.55 FEET (SAID CURVE HAVING A RADIUS OF 1443.90 FEET. A DELTA ANGLE OF
28°35'33". AND A CHORD BEARING AND DISTANCE OF 559°13'32-W. 713.10 FEET) TO A
POINT: THENCE CONTINUING ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF
SAID WEST ORANGE TRAIL 544'55'46-W.A DISTANCE OF 392.91 FEET TO A POINT ON THE
WEST LINE OF THE SW I/4 OF SAID SECTION 6: THENCE CONTINUING ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE OF SAID WEST ORANGE TRAIL N0°20.26"W ALONG
THE WEST LINE OF THE SW 1/4 OF SAID SECTION 6. A DISTANCE OF 13.93 FEET TO A POINT:
THENCE CONTINUING ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID WEST
ORANGE TRAIL. LEAVING THE WEST LINE OF THE SW U4 OF SAID SECTION 6.544°55'46"W.
A DISTANCE OE 1183.66 FEET TO THE POINT OF BEGINNING.
PARCEL 2
A PARCEL OF LAND LOCATED IN THE SE 1/4. SECTION I. T22S, R27E. AND THE SW I/4.
SECTION 6. n2S. R2SE. ORANGE COUNTY. FLORIDA BEING MORE PARTICULA
DESCRIBED AS FOLLOWS. BEGINNING AT E SOUTHWEST CORNER OF SAID SECTIONLY 6:
THENCE 589°41'40°W ALONG THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION I.
NOV- 13-01 12 -0J E&UN . - - _ - - -
OR Bk 6 16 1 Pg A327
Orange Co FL 2000-0560451
A DISTANCE OF 769.91'FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF W AY LINE
THE WEST ORANGE TRAIL (50.00 FOOT RIGHT OF WAY). THENCE LEAVING THE SOL TN
LINE OF THE SE V4 OF SAID SECTION I N44'5Yi6'E ALONG THE SOUTHEASTER
O A °Y IGHT
HT
OF WAY LINE OF SAID WEST ORANGE TRAIL. A DISTANCE OF I083.72 FEET
ON THE EAST LINE OF THE SE 64 OF SAID SECTION I. THENCE CONTINUING ALONG THE
SOUTHEASTERLY RIGHT OF LINE OF SAID WEST ORANGE TRAIL BEING ALSO ALONG THE
EAST LINE OF THE SE IN OF SAID SECTION I. S0920'26-E. A DISTANCE OF 3.50 FEET TO A
POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE WEST ORANGE TRAIL 139.00
FOOT RIGHT OF WAY). THENCE LEAVING THE EAST LINE OF THE SE 14 OF SAID SECTION
I. NFF'5546"E ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID WEST ORANGE
TRAIL. A DISTANCE OF 431.54 FEET TO A POINT: THENCE CONTINUING ALONG THE
SOUTHEASTERLY RIGHT OF WAY LINE OF SAID WEST ORANGE TRAIL. NORTHEASTERLY
ALONG A CURVE TO THE RIGHT. AN ARC DISTANCE OF 70! 09 FEET(SAID CURVE HAVING
A RADIUS OF 1.0490 FEET. A DELTA ANGLE OF 24°35'33', AND A CHORD BEARING AND
DISTANCE OF N59°I333-E. 693.84 FEET) TO A POINT. THENCE CONTINUING ALONG THE
SOUTHEASTERLY RIGHT OF WAY LINE OF SAIL) WEST ORANGE TRAIL, N73'31'19"E. A
DISTANCE OF 84441 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF OCOEE
APOPKA ROADIALSO KNOWN AS COUNTY ROAD 437. 120.00 FOOT RIGHT OF WAY).
THENCE LEAVING THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID WEST ORANGE
TRAIL. SOUTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT. BEING ALSO
ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID OCOEE APOPKA ROAD. AN ARC
DISTANCE OF 35724 FEET (SAID CURVE HAVING A RADIUS OF 2351.83 FEET. A DELTA
ANGLE OF 8642'1_2' AND A CHORD BEARING AND DISTANCE OF SO°4029-E.356.90 FEET) TO
A POINT. THENCE CONTNUING ALONG THE WESTERLY RIGHT OF WAY LINE Of SAID
OCOEE APOPKA ROAD.
WESTERLY RIGHT OF WAY LINEI ON FEET TO A POINT
OF OCOEE APOPKA ROAD (10000 FOOT RIGHT OF WAY))
THENCE CONTINUING ALONG THE
WESTERLY
APOPKA ROAD. SOUTHEASTERLY ALONGA NONTANGENT CURVE TO OFNE O THE LEFT. OCOEE SAID ARC
DISTANCE OF 26.95 FEET (SAID CURVE HAVING A RADIUS OF 1341.83 FEET. A DELTA
ANGLE OF 0°39'34'.AND A CHORD BEARING AND DISTANCE OF 55°2123'E. 26.95 FEET)TO A
POINT OF THE WESTERN BELTWAY
LSO
NASHSTATE ROAD 429. 400.00E NORTHWESTERLY T LINE OF WAY FOOT RIGHT OF WAY): THENCE LEAVING A
KNOWN THE
WESTERLY RIGHT OF WAY LINE OF SAID OCOEE APOPKA ROAD. SOUTHWESTERLY.
CURVE
TO
THE LEFT. BEING ALSO ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY.AN ARC DISTANCE
OF 1653,68 FEET(SAID CURVE HAVING A RADIUS OF 3064.79 FEET. A DELTA ANGLE OF
30°544557.AND A CHORD BEARING AND DISTANCE OF 544°2426'W.1633.69 FEET)TO A POINT
ON THE SOUTH LINE OF THE SW 114 OF SAID SECTION 6: THENCE LEAVING THE
NORTHWESTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY.589°43'59'W ALONG
THE SOUTH LINE OF THE SW 14 OF SAID SECTION 6A DISTANCE OF 590.30 FEET TO THE
POINT OF BEGINNING.
PARCEL 3
A PARCEL OF LAND LOCATED IN THE SOUTHWEST
�BE. ORANGE
COUNTY.FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
N
COMMENCING
THE SOUTH LINE OF V.THE SW CORNER OFF F ISAID SECTION F 6 1C
D S 6. 2668-119EET TO E S
ALONGTHE
SOUTHEAST CORNER OF THE SW ''A OF SAID SECTION 6;THENCE LEAVING THE SOUTH OF
THE SW V.OF SAID SECTION 6. N0°4823"W ALONG THE EAST LINE OF THE SW V.OF SAID
SECTION 6. A DISTANCE OF 1646.31 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF
WAY LINE OF THE WESTERN BELTWAY (ALSO KNOWN AS STATE ROAD 429. 415.00 FOOT
RIGHT OF WAY).SAID POINT ALSO BEING THE POINT OF BEGINNING:
THENCE LEAVING THE EAST LINE OF THE SW ''A OF SAID SECTION 6. S6/°05.10-W ALONG
AHE NORTHWESTERLY RIGHT OF WAY LINE OF SAID WESTERN POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID WESTEBELTWAY. 3RN BE08.38 LTEW A
WESTTERN BELTWAY. S22°5624'E.EANDSTANCE OFL49.99GFEET TO AY POINT ON THE
NOU- IS 01 12 . 10 FRam. . .. ... , ._ - ___ ' --
OR Bk 6 16 1 Py 4328
Orange Co FL 2000-OST.70451
NORTHWESTERLY RIGHT OF WAY LINE OF THE WESTERN BELTWAY 136500 FOOT RIGHT
OF WAY1. THENCE CONTINUING ALONG THE NORTHWESTERLY RWGHT OF WAY LINE OF
SAID WESTERN BELTWAY. S67'OW LA DISTANCE
E OF E SAIDF 80WES8 FEETRN TOBELTWAY.A POINT ON THE TH
NORTHWESTERLY RIGHT OF WAY
CONTINUING ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID WESTERN
BELTWAY. 564°33'07"W_ A DISTANCE OF 271.00 FEET TO POINT ON THE NORTHWESTERLY
RIGHT OF WAY LINE OF SAID WESTERN BELTWAY. THENCE CONTINUING ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY. SOUTHWESTERLY
>LONG A CURVE TO THE LEFT AN ARC DISTANCE OF 3.1 7 FEET(SAID CURVE HAVING A
RADILS OF 3064.74 FEEL A DELTA ANGLE OF 0`0333- AND A CHORD BEARING AND
DISTANCE OF S61°59'18'W. ill FEET) TO A POINT ON THE EASTERN 7ORIGHT FOOT R OF Y LINE
OF OCOEE APOPKA ROAD (ALSO KNOWN AS COUNTY ROAD 3
WAY): THENCE LEAVING THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID WESTERN
BELTWAY. N5'41'31"W ALONG THE EASTERN RIGHT OF WAY LINE OF SAID OCOEE
APOPKA ROAD. A DISTANCE OF 60.85 FEET TO A POINT ON THE EASTERN RIGHT OF WAY
LINE OF SAID OCOEE APOPKA ROAD: THENCE CONTINUING ALONG THE EASTERN RIGHT
OF WAY LINE OF SAID OCOEE APOPKA ROAD NORTHWESTERLY ALONG A CURVE TO THE
DISTANCERIGHT. AN ARC
F 25.80 FEET
241.83
T.
A DELTA ANGLEOF 0 39"34O (SAID
AND A CHORD BEARING AND DISTANCE OF S'1?23-W F 5E o
FEET)TO A POINT ON THE EASTERN RIGHT OF WAY LINE OF SAID OCOEE APOPKA ROAD:
THENCE CONTINUING ALONG THE EASTERN RIGHT OF WAY LINE OF SAID OCOEE APOPKA
ROAD. N84°58'24"E. A DISTANCE OF 10.00 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY LINE OF OCOEE APOPKA ROAD (120-FOOT RIGHT OF WAY): THENCE CONTINUING
ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID OCOEE APOPKA ROAD.
NORTHWESTERLY ALONG A NON-TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF
329 95US
F 2231. 3 FEET.A
AND AFCHORD BEARING AND DISTANCE EET(SAID CURVE HAVING A IOF ONO°47298'W, 329.65 F ELTA ANGLE
TO A POINT ON THE
SOUTHEASTEOF WAY):THENCE RIGHT LEAVING THE EASTERLY RIGHT OF WAY LINE OF SAID OCOEE APOPKA
ROAD. N73°31145-E ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID WEST
ORANGE TRAIL. A DISTANCE OF 906.62 FEET TO A POINT ON THE EAST LINE OF THE SW Y.
OF SAID SECTION 6: THENCE LEAVING THE SOUTHEASTERLY RIGHT OF WAY LINE OF
SAID WEST ORANGE TRAIL. SO°417.3"W ALONG THE EAST LINE OF THE SW V. OF SAID
SECTION 6.A DISTANCE
TANG OF 24143 FEET TO THE POINT OF BEGINNING.
PARCEL 4
N 6.722S,
CA PARCEL OF LAND OUNTY.FLORIDA.BEING MORE P IN ARTICULARLYST IM OF DESCRIBED ASOFOLLO FOLLOWS:
ORANGE
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6: THENCE N89°43'59'E
ALONG THE SOUTH LINE OF THE SW I/4 Of SAID SECTION 6. 2668.19 FEET TO THE
SOUTHEAST CORNER OF THE SW 1/4 OF SAID SECTION 6:THENCE LEAVING THE SOUTH OF
THE SW I/4 OF SAID SECTION 6.NO°48123"W ALONG THE EAST LINE OF THE SW 1/4 OF SAID
SECTION 6.A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING:
THENCE LEAVING THE EAST LINE OF THE SW 1/4 OF SAID SECTION 6. S39643159-W ALONG
THE NORTHERLY RIGHT OF WAY LINE OF FULLERS CROSS ROAD. A DISTANCE OF 742.01
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF OCOEE APOPKA ROAD(ALSO
KNOWN AS COUNTY ROAD 437, 60.00-FOOT RIGHT OF WAY); THENCE LEAVING THE
NORTHERLY RIGHT OF WAY LINE OF SAID FULLERS CROSS ROAD.N5°41'10"W ALONG THE
EASTERLY RIGHT OF WAY LINE OF SAID OCOEE APOPKA ROAD. 712.14 FEET TO A POINT
F
KON THE NOWN AS STATE ROAD ASTERLY 429.1i365.00-FOOT RIGHTOF WAY LINE O OF WAE YYESTERN); THENCEBELTWAY
LEAVING THE(ALSO EASTERLY RIGHT OF WAY LINE OF SAID OCOEE APOPKA ROAD.NORTHEASTERLY ALONG
A NON-TANGENT CURVE TO THE RIGHT. BEING ALSO ALONG THE SOUTHEASTERLY
RIGHT OF WAY LINE OF SAID WESTERN BELTWAY. AN ARC DISTANCE OF 415.75 FEET
(SAID CURVE HAVING A RADIUS OF 2699.79 FEET. A DELTA ANGLE OF 8°49124", AND A
CHORD BEARING AND DISTANCE OF N62040124"E 415.34 FEET) TO A POINT ON THE
SOUTHEACONTINUING ALONG THE SOUTHEASTERLY RIGHT OF WAY T3LINE OF SAID
NOV- 13-01 12 Ib IRuli "" "_ -- ' -
OR Bk 6161 Pgg 4329
Orange Co FL 2000-O;0-04S1
WESTERN BEL TWAY. N67`0S'I0"E A DISTANCE OF 507.01 FEET TO A POINT ON THE CAST
LiNE OF THE SW va OF SAID SECTION 6: THENCE LEAVING THE SOUTHEASTERLY RIGHT
O*-18813"W. ALONG THE EAST LINE
SOF Y LINE OF SAID W IV" WESTERN OF SAID SECTION 5. A DISTANCE OF 163 02 FEET TO THE POINT OF BEGINNING
F THE
PARCEL 5
A PARCEL OF LAND LOCATED IN THE SOUTHWEST I/4 OF SECTION 6. 1225. R28E.ORANGE
COUNTY.FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6: THENCE N89°43'S9 E
ALONG THE SOUTH LINE OF THE SW I:4 OF SAID SECTION 6. 1866.34 FEET TO A POINT.
THENCE LEAVING THE SOUTH LINE OF THE SW I/4 OF SAID SECTION 6. NO°16'0I"W.3000
FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF FULLERS CROSS ROAD
(VARIABLE RIGHT OF WAY).SAID POINT BEING THE POINT OF BEGINNING:
THENCE 5119c:43'59"W ALONG
NORTHERLY
RS
CROSS ROAD. A DISTANCE OF 566977 FEET TO RIGHT SAID
A POINT ON THE NORTHERLYRIGHTEOF
WAY LINE OF SAID FULLERS CROSS ROAD: THENCE CONTINUING ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SAID FULLERS CROSS ROAD. NO°47'33"W A
DISTANCE OF 13.80 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID
FULLERS CROSS ROAD: THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY
LINE OF SAID FULLERS CROSS ROAD.S89°I2'27"W A DISTANCE OF 311.00 FEET TO A POINT
ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE WESTERN BELTWAY (ALSO
KNOWN AS STATE ROUTE 429. 400.00 FOOT RIGHT OF WAY): THENCE LEAVING THE
NORTHERLY RIGHT OF WAY LINE OF SAID FULLERS CROSS ROAD. NORTHEASTERLY
ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY. ALONG
A NON-TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF 99628 FEET(SAID CURVE
HAVING A RADIUS OF 7264.79 FEET.A.DELTA ANGLE OF 21425'16".AND A CHORD BEARING
AND DISTANCE OF N4599'57-E 990.49 FEED TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE or OCOEE APOPKA ROAD (ALSO KNOWN AS COUNTY ROAD 437. 60.00-FOOT
RIGHT OF WAY): THENCE LEAVING THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID
WESTERN BELTWAY. 55'41'10"E ALONG E
OCOEE APOPKA ROAD.A DISTANCE OF 702.98 FEE S TO THE POINT OF BEGINNING. OF SAID
PARCEL 6
FLORIDA.A PARCEL OF LAND BEING MORE PARTICULARLY D DESCRIBED AS FOLLOWS:N THE NW IA. SECTION 7. T22S, �SE ORANGE COUNTY.
COMMENCING AT THE NORTHWEST CORNER OF THE NW I/4 OF SAID SECTION 7:THENCE
N89°43'59"E ALONG THE NORTH LINE OF THE NW V4 OF SAID SECTION 7. A DISTANCE OF
133413 FEET TO A PONT: THENCE LEAVING THE NORTH LINE OF THE NW I/4 OF SAID
SECTION 7,50°34'47-W A DISTANCE OF 56.81 FEET TO A POINT ON THE WESTERLY LINE OF
CROWN POINT WOODS SUBDIVISION AS RECORDED IN PLAT BOOK IS. PAGES 101
THROUGH 103 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. SAID POINT
BEING THE POINT OF BEGINNING:
THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID CROWN POINT WOODS
SUBDIVISION. SO°34'47"W, A DISTANCE OF 877.79 FEET TO A POINT ON THE NORTHERLY
LINE OF CROWN POINT WOODS PHASE II. AS RECORDED IN PLAT BOOK 20, PAGES 115
THROUGH 116: THENCE LEAVING THE WESTERLY LINE OF SAID CROWN POINT WOODS
SUBDIVISION. 588°I I'44"W ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS
PHASE II. A DISTANCE OF 116.75 FEET TO A PONT; THENCE CONTINUING ALONG THE
NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II. S77°01 ITW. A DISTANCE OF
53.13 FEET TO A POINT: THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID
CROWN POINT WOODS PHASE II. 557°59'38-W. A DISTANCE OF 59.81 FEET TO A PONT;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS
NUV-I3-NI 12 II FRon.
OR Bk 6161 Pg 433E
Orange Co FL E000-0550451
PHASE II. N86134'58"W A DISTANCE OF :75.06 FEET TO A POINT. THENCE CONTINUNG
;LONG THE NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE II. S4312I'51"9.. A
DISTANCE OF 130.94 FEET TO A POINT: THENCE CONTINUING ALONG THE NORTHERLY
LINE OF SAID CROWN POINT WOODS PHASE II. 560'43.5I-W A DISTANCE OF I8704 FEET TO
A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE WESTERN BELTWAY (ALSO
KNOWN AS STATE ROAD 479. VARIABLE RIGHT OF WAY): THENCE LEAVING THE
NORTHERLY LINE OF SAID CROWN POINT WOODS PHASE IL NORTHEASTERLY ALONG THE
EASTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY. BEING ALSO ALONG A
NON-TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF 72472 FEET (SAID CURVE
HAVING A
BEARING
AND DISTANCE OF NI.041'5US OF L F FET_577 FEET) TO A ANGLE
POINT.ITHENCE CONTINUING ALONG
THE EASTERLY RIGHT OF WAY LINE OF SAID WESTERN BELTWAY. 567'30'18'E A
DISTANCE OF 2000 FEET TO A PONT: THENCE CONTINUING ALONG THE EASTERLY RIGHT
OF WAY LINE OF SAID WESTERN BELTWAY. NORTHEASTERLY ALONG A NON-TANGENT
CURVE TO THE RIGHT.AN ARC DISTANCE OF 44990 FEET(SAID CURVE HAVING A RADIUS
OF 2694.79 FEET. A DELTA ANGLE OF 9933'5T'.AND A CHORD BEARING AND DISTANCE OF
Y LINE OF
N27°0T48"E. 449.38 FEET) TO A POINT ON THE SOUTHERLY RIGHT OF
FULLERS CROSS ROAD (I00-FOOT RIGHT OF WAY): THENCE LEAVING THE EASTERLY
RIGHT OF WAY 1
NE OF SAID WESTERN BELTWAY. NORTHEASTERLY ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF SAID FULLERS CROSS ROAD. BENG ALSO ALONG A
NON-TANGENT CURVE TO THE RIGHT. AN ARC DISTANCE OF 3572 FEET (SAID CURVE
HAVING A RADIUS OF 740.29 FEET. A DELTA ANGLE OF 2°45'53-. AND A CHORD BEARING
AND DISTANCE OF N8750'25'4E.35.72 FEET)TO A POINT:THENCE CONTINUING ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF SAID FULLERS CROSS ROAD. N89°I2.277E A
DISTANCE OF 313 39 FEET TO THE POINT Of BEGINNING.
PARCEL 7
A PARCEL OF LAND LOCATED IN THE NW 1/4. SECTION 7, T22S. R28E. ORANGE COUNTY.
FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4.OF SAID SECTION 7. THENCE
SO°04'32"W ALONG THE WEST LINE OF THE NW 1/4 OF SAID SECTION 7. A DISTANCE OF
962.6! FEET TO THE POINT OF BEGINNING:
THENCE LEAVING THE WEST LINE OF THE NW I/4 OF SAID SECTION 7. N31°57'58'E A
DISTANCE OF 70.01 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE
WESTERN BELTWAY (ALSO KNOWN AS STATE ROUTE 429. VARIABLE RIGHT Of WAY);
THENCE 569°53'55-E ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID WESTERN
BELTWAY. 277.23 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID
WESTERN BELTWAY; THENCE CONTINUING ALONG THE WESTERLY RIGHT OF WAY LINE
LF SAID WESTERN BELTWAY.SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO LEFT.AN ARCISTANC OF 323A FEET(SAID CURVE HAVING A RADIUS OF 3014.79 FEET.
5`015'ar AND A CHORD FEET)TO A POINT ON THE WESTERLY BEARING
A DELTA ANGLE OF RIGHT OF WAY S
LIN OF E SAIDWESTERN BELTWAY:
THENCE CONTINUING ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID WESTERN
BELTWAY. 588920'5TV/ A DISTANCE OF 263.47 FEET TO A POINT ON THE WEST LINE OF
E OF
THE
DNW WEI/4 OF SAID SECTION STERN BELTWAY. NO'O44'32 EE ALONG THE WEST LEAVING THE TLINEYOF THEGHT NWF AV. OY F SAID
SECTION 7,A DISTANCE OF 364.89 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN AS:
0013.192582.1
NOV-13-01 12 11 FROM J . +e .u-.u. .-... .. ,.
OR Bk & 16 1 Pqg 43�311
Oranne Go FLu z000-055oA51
PARCEL.A: Lands in Section I. township 22 South. Range 27 Ease and in Sector owns tp
South. Range 28 East:
(al Beginning on the West line of Section & Township 22 South. Range 28 East. at a point in the
center of Staten s Branch 2.559 feet South of the Northwest corner of said township and running thence
Southeasterly and Easterly along the center of said Staten's Branch to the public mad known as the Apopka
and Ocoee Road: thence inn Southward along said road to the center of the railroad cracks of the Atlantic
Coast Line Railroad (Formerly the Sanford and St. Petersburg Railroad and prior to that time the Orange
Belt Railroad) which point is 1694 feet North of the South line of the said Section 6. and 1.7522 feet due
East of the West line of said Section 6:run thence Northeasterly along the center line of said railroad tracks
to the center line of said Section 6. run thence South to the one-half mile post on said South line of said
section: run thence West alone the South line of said Section 6.to the Southwest comer of said Section 6:
run thence West along the South line of Section 1. Township 22 South. Range 27 East. 14 50 chains: run
thence `forth to a point 629 chains South of the North line of the Southeast quarter (SE 14) of the
Southeast quarter (SE Ira) of Said Section 1: run thence West 65.5 chains more or less to the West
boundary of said Section I:run thence North to Lake Apopka:run thence Easterly and Northeasterly along
the margin of said lake to the North line of Government Lot No.2 in ;aid Section I; run thence East along
the North boundary line of said Government Lot 2 to the center of said Staters Branch: run thence
Southerly and Easterly along the center of said branch to the point of beginning.
Less and excepting from that portion of the lands hereinabove described which lie in Section 1.Township
22 South_Range 27 East a railroad right-of-way 50 feet wide.25 feet on each side of a line beginning 800
feet and three inches west of the Southeast corner of said Section I, and mmnieg North 44 degrees. 32
minutes East 1.128 feet and 2 inches to the East boundary of said Section 1:and
Less and excepting from that portion of the lands hereinabove described which arc located in Section-6.
Township 22 South. Range 23 East all of the following: the right-of-way of the Atlantic Coast Line
Railroad (formerly the Sanford and St Petersburg Railroad and prior to that time the Orange Belt
Railroad):and also a=tip of land described as beginning at a point on the South boundary line of the said
Atlantic Coast Line Railroad distant from Mile Post 29 in a Westerly direction along said boundary line
423 feet and thence in a Southerly direction at nght angles to said South boundary line 16 feet and thence
in an Easterly direction at right angles to the last described line 840 feet to a sweet and thence in a
Northerly direction at right angles to the last described line 16 feet to a point on the South boundary of the
said right-of-way,and thence in a Westerly direction along said South boundary line of said right-of-way to
the beginning
That portion of the lands hereinabove described which are located m Section 6.Township 22 South. Range
28 East are subject to a nght-of-way 30 feet in width over and upon that snip of land lying within 30 feet of
the section line along the South side of the East 2.100 feet of the Southwest quarter (SW 1/4) of said
Section 6.
Those portions of the lands hereinabove described which arc located in Section 6. Township 22 South.
Range 28 East are subject to a right of way for a public road.known as the Apopka-Ocoee Road.running
Nosh and South through the said lands.
PAµCEL"B"
Beginning a.a point 957 feet West and 904.86 feet North of the Southeast comer of Section I.Township
22 South. Range 27 East.nor thence West 1200 feet thence South 16 feet. thence Southeasterly 1.201.9
feet to a point due South of the point of beginning,and thence North 82 feet to the point of beginning.lying
and being in Orange County.Florida-
PS"
Lands in Section 7.Township 22 South.Range 28 East East 25 acres of die Northwest V.of the Northwest
V.South of Road and West 15 acres of the Northwest V.of the Northwest'/.(LESS begin a the Northwest
corner run East 642 feet Southwesterly 1040 feet North 849 feet to point of beginning)and North 509.5 feet
of the East 760 feet of the Southwest V.of the Northwest v.(LESS begin 133428 fat West
and d8 feet 8 feet
Noeet
South of the North V.comer thence South 949.47 feet West 480 feet North 15 degrss
W19 degrees West 109 feet North 100 feet North 25 degrees West 226 feet North 30 degrees Went 190 feet
North 16 degrees East 43 feet North 61 degrees East 188 feet North 43 degrees East 131 fat South 86
degrees East 275 feet North 58 degrees East 60 feet North 77 degrees East 53 feet East 116.77 feet to point
of beginning.lying and being in Orange County.Florida
NOV- 13-01 12 . I PkOfl � . ._ . .. ... . . .�_ _.
'Those Parcels A B S C as described above LESS and EXCEPT those portions as described in Slioulaei
Order of Taken° flied in-Official Records Book 5019. Base 4060 and Snpularcd Final luogmenl riled In
Official Records Book 5897.Page 3046. Public Records of Orange County. Florida.
OR Bk 6161 Pn 4332
Orange Co FL 2000-OSiG4S1
Recorded - Martha 0. Haynie
•
006.19253Z.1