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HomeMy WebLinkAboutV (J) Approval and Authorization for Mayor and City Clerk to Execute Perpetual Slope Easement and Temporary Easement Agreements for Parcels 802/803 and 701/702 for the Professional Parkway/Old Winter Garden Road Project Agenda 5-06-2003 Item V I FOLEY : LARDNER ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE. SUITE 1800 ORE ANDO. FI ORIDA 32801 2386 P.O. BOX 2193 ORLANDO.FLORIDA 328022193 TELEPHONE:407.423.7656 FACSIMILE:407.648.1743 WWW.FO L EY LA R D N E R.CO M MEMORANDUM cu ENTMATTER NUMBER 020377A54J TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Assistant City AttorneyfL}0 THROUGH: Paul E. Rosenthal, City Attorney DATE: April 21, 2003 RE: Professional Parkway/Old Winter Garden Road Widening Project: Parcels 802/803 and 701/702 Based on the Project design prepared by PEC, the City needs to acquire a Perpetual Slope Easement and a Non-Exclusive Temporary Easement from Westgate Resorts, Ltd., a property owner along Professional Parkway. Westgate Resorts, Ltd. has agreed to grant these interests to the City at the total appraised value of$14,510.00. Attached are two original Perpetual Slope Easements and two original Non-Exclusive Temporary Easement Agreements which have been executed by Westgate Resorts, Ltd. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners approve: I. The Perpetual Slope Easement and the Non-Exclusive Temporary Easement Agreement and authorizing execution thereof by the Mayor and City Clerk; and 2. The payment of$14,510.00 to Westgate Resorts, Ltd. for the total appraised value of the easements. cc: David Wheeler, P.E., Public Works Director MAD/jlc FOLEY& LARDNER 006.293606.1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Mary A. Doty, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 3 2 8 02-2 1 93 (407)423-7656 For Recording Purposes Only TCE-701/702 NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made and entered into this day of 200/14by and between WESTGATE RESORTS, LTD., a Florida limited partnership, whose address is 5601 Windhover Drive, Orlando, FL 32819, (hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the "Grantee"). WITNESSETII: WHEREAS, Grantor is the owner of that certain real property located in Orange County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Easement Property"); and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a non-exclusive temporary easement over, upon and across the Easement Property for the specific and limited purposes hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The above recitals are true and correct, form a material part of this Agreement and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells, and coveys to Grantee a non-exclusive temporary easement over, upon and across the Easement 006.270437 Property for the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set forth herein. Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor has fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-of-way of record, if any, and the Grantor has full power and authority to grant this Easement as to the Easement Property. Section 4. Grantee's use of the Easement Property shall be for the purpose of Grantee, through itself, its agents, contractors, consultants and employees: (a) performing such activities on the Easement Property as Grantee may deem reasonably necessary in connection with the design, engineering, and construction of improvements to a certain roadway known as Professional Parkway/Old Winter Garden Road which is located adjacent to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the Easement Property and the driveways, walkways, and other improvements thereon with the construction of the Professional Parkway/Old Winter Garden Road Widening Project (the "Project") undertaken by the City in conjunction with the aforesaid activities on the Easement Property. Notwithstanding the foregoing, this Easement is granted upon the condition that the sloping and/or grading upon the Easement Property shall not extend beyond the Easement Property and that all grading or sloping shall conform to all existing structural improvements within the Easement Property and all work will be performed in such a manner that existing structural improvements will not be damaged. Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property. Section 6. The Easement shall terminate upon the earlier of (a) the completion of the construction of the Project as certified by the City, or (b) December 31, 2005. Section 7. Grantee shall, at its sole cost and expense, restore any improvements on the Easement Property that are damaged by Grantee incident to its construction of the Project to a condition which approximates as closely as is reasonably practicable the condition of said improvements prior to being damaged by Grantee. Section 8. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate 2 006.270437.1 level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. Section 9. To the extent that any rules, regulations or ordinances of the Grantee or any previously existing development approvals or any agreement between the Grantor (or its predecessors in interest) and the Grantee require that certain improvements, including but not limited to walls, signage, landscaping, irrigation and berming, be constructed or installed within all or any portion of the Easement Property, the Grantor agrees that it shall not construct or install any such improvements within the Easement Property until the earlier of (i) the date of termination of this Easement Agreement, or (ii) the written approval by the Grantee of a specific improvement within the Easement Property. The aforementioned restrictions may be waived by Grantee in whole or in part, at the Grantee's option. The Grantor may from time-to-time request the approval of Grantee to construct or install certain improvements within the Easement Property and Grantee covenants and agrees to grant such approval unless the Grantee makes a good faith determination that such improvement will interfere with the exercise by Grantee of its rights and privileges under the terms of this Easement Agreement. Grantee covenants and agrees that it will not defer or delay the issuance to Grantor of any building permits, certificates of completion or certificates of occupancy because of the inability of the Grantor to complete improvements within the Easement Property due to the restrictions imposed by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's sole cost and expense, promptly complete any such deferred or delayed improvements upon the termination of this Easement Agreement or the waiver of such restriction by the Grantee. Nothing contained in this Section shall be construed to release or discharge the Grantor from any of its obligations and responsibilities with respect to improvements to be constructed or installed within the Easement Property. This Section is intended only to affect the timing of the Grantor's compliance with any such obligations and responsibilities. Section 10. The Easement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Easement Property. Section 11. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. 3 006.270437.1 • IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of: WESTGATE RESORTS, LTD., a Florida limited partnershiper Print Namg_ , Ac L� tG <rr[rt � ,C�ee.ec J Name. DAVIDA. SIEGEL Print Name i��ti r`(1' ,d Y� Its: General Partner STATE OF FLORIDA COUNTY OF l its T c foregoim instrument was acknowledged before me this f ih day of % � 21Om by !.P ' 1 -- »t' Y-- ( as General Partner of WFSTGATE RESORTS, LTD. He/She is V personally known 1ne or has produced _ _as identification. 1 WITNESS my hand and official seal infhe County and State aforesaid this' day of 203 - n ) /7)/f r) Notaryqg:, JOANN D.MPNKPMYER :.; MY COMMISSION ADD 194753 1,1 EXPIRES'.July 19,2007 '"xly,:il'• Banded mm bider/Pl Unearwrtem Print Name My Commission Expires: 4 006.270437,1 Signed, sealed and delivered GRANTEE: in the presence of: CITY OF OCOEE, a Florida municipal corporation By: Print Name Name: S. Scott Vandergrift Title: Mayor Print Name Attest: Name: Jean Grafton Title: City Clerk [Affix Seal] FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 20023 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. . 200/.3 By: _ Foley & Lardner Assistant City Attorney STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 2002 by S. Scott Vandergrift, as Mayor of the City of Ocoee. Ile - is ❑ personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of 20073 Notary Public Print Name My Commission Expires: 5 006.270437.1 • • • Parcel 701 Temporary Construction Easement LEGAL DESCRIPTION A portion of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township . 22 South, Range 28 East, Orange County Florida Being more particularly described as follows: Commence at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 29; thence SO0'26'16"E, along the West line of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 29, 1292.75 feet to the existing right of woy line of Professional Parkway; thence along said line N89'42'15"E, 33.08 feet to the POINT OF BEGINNING; thence departing said North Right of Way line N00117'45"W, 33.75 feet to a point on a line, being north of and parallel with said North Right of Way line; thence N89'42'15"E along said parallel line, 40.00 feet; thence S00'17'45"E, 13.75 feet; thence 545'17'45"E, 21.21 feet; thence S00'17'45"E, 5.00 feet to a point on said North Right of Way line; thence 589'42'15"W, along said North Right of Way line 55.00 feet to the POINT OF BEGINNING. Containing 1,537 square feet, more or less. Note: Bearings shown hereon are based on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East as being N89142'15"E (Assumed). hate'. 457270S Legal Description April 22. 2002 CBvG FOR Job Na.: scale: 45727056 Professional Engineering _ Consultants SOUTHEASTERN SURVEYING & MAPPING CORf CH. 61G17-6, Florida Administrative 324 North Orlando Avenue Code requires that a legal description Maitland, Florida 32751-4702 drawing bear the notation that (407) 647-8898 CERT. NO. 1B2108 THIS IS NOT A SURVEY. a ail: 1 nfoCso hea e surveyin corn EXHIBIT "A" • Page 1 of 4 Sheet 1 of 2 reRARY 6.CrRICK PE5PSTEPEO LAND SUMETOB NO. 4205 SKETCI I OF DESCRIPTION r \ POINT OF COMMENCEMENT NW CORNER OF THE SE 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 29 wEsr LINE OF THE SE 1/4 OF THE liki NW 1/4 OF THE NW 1/4 SECTION 29, TOWNSHIP 22 SOUTH. RANGE 28 EAST 1 " = 20' ti GRAPHIC SCALE 0 10 20 40 S E 1/4 N W 1/4 N W 1/4 SECTION 29-22-28 N 0 T PLATTED r. in WESTGATE RESORTS, LTD - PARCEL ID NO. 29-22-28-0000-00-002 w 0 — LINE PARALLEL WITH NORTH R/W N89'42'15"E LINE OF PROFESSIONAL PARKWAY 0 40.00' S00'17'45'E 701 01 13.75' • n I S45'17'45"E .— M TEMPORARY 21 21 ' POINT OF b M CONSTRUCTION BEGINNING Z EASEMENT SOD'17'45'E N89.42'10"E \ 5.00' 33.08' S89'42'15"W 55.00' NORTH RIGHT OF WAY LINE PROFESSIONAL PARKWAY 60.00' RIGHT OF WAY ABBREVIATIONS-. R/W = RIGHT OF WAY EXIST.= EXISTING Drawing No. 45727056 SOUTHEASTERN SURVEYING h MAPPING CORP. Job No. 4927, EXHIBIT "A" M 324 North Orandoo7A Avenue Se: 2April 22. 2002 CB.G Page 2 of 4 (407) 647-8898 fox: (407) 647-1667 Sheet 2 of 2 See Sheet 1 for Legal Description 113 1 ' PARCEL 702 Temporary Construction Easement LEGAL DESCRIPTION A portion of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East, Orange County Florida Being more particularly described as follows: Beginning at the Southwest corner of Lot 4, WEST ORANGE COMMERCIAL CENTER, as recorded in Plot Book 25, Page 67 of the Public Records of Orange County, Florida, said point being on the north right of way line of Professional Parkway; thence S89'42'15"W along said right of way line 81.12 feet; thence leaving said right of way line NOO'OO'00"E, 5.00 feet; thence N44'39'17E. 21.20 feet; thence NOO'17'45.'18, 13.88 feet to a point on a line being 33.88 feet north of and parallel with said right of way line; thence N89'42'15"E along said parallel line 40.00 feet; thence 500'17'45"E, 23.88 feet to a point on a line being 10.00 feet north of and parallel with said right of way line; thence 1489'42'15"E along said parallel line 26.11 feet to a point on the west line of said Lot 4; thence SOO'22'36"E along said west lot line 10.00 feet to the POINT OF BEGINNING. Containing 1,804 square feet, more or less. Note: Bearings shown hereon are based on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East as being North 89'42'15" East (Assumed). Date: 45727057 Legal Description April 22, 2002 CBvG FOR Job No.: Scale: Ill !f I: •. ti 45727057 1" = 20 In 44 - 4Taw`. Professional Engineering p�MH Consultants SOUTHFASfERN SURVEYING & MAPPING CORP. CH. 61017-6, Florida Administrabve 324 North Odando Avenue Code requires that a legal description Maitland, Florida 32751-4702 drawing bear the notation that (407) 647-8898 CERT. NO. LB2108 THIS IS NOT A SURVEY. e ail: infocs hea e surveyin corn EXHIBIT "A" I • Page 3 of 4 Sheet 1 of 2 GARY B. CK REGISTERED LAID SURVEYOR NO. 4245 SKETCH OF DESCRIPTION N W 1/4 N W 1/4 SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST N 0 T PLATTED WEST ORANGE WESTGATE RESORTS, LTD , COMMERCIAL CENTER PARCEL ID NO. 29-22-28-0000-00-002 S PLAT BOOK 25, PACE 67 0 LINE BEING 33.88' NORTH OF AND LOT 4 PARALLEL WIfH R/W LINE ai N89'42'15"E 1.-LI t N00'17'45'W LINE BEING 10.00' NORTH OF 40.00' PARALLEL WITH R/W LINE 13.88' co i'- W N44'39'17"E 702 No ID lo 21 .20' co nri n N TEMPORARY N89'42115'E ogo POINT OF CONSTRUCTION 60 BEGINNING EASEMENT 26.11 ' t- / SOUTHWEST CORNER / LOT 4 S89'42'15"W \ 81 .12 NORTH RIGHT OF WAY LINE 00'00'OO"E 5.00' PROFESSIONAL PARKWAY 60.00' RIGHT OF WAY iiii GRAPHIC SCALE 0 10 20 40 ABBREVIATIONS'. R/W = RIGHT OF WAY EXIST.= EXISTING _ Drawing No. 45727057 SOUTHEASTERN SURVEYING StMAPPING CORP. Job No. 45727 EXHIBIT "A" M324 4 North Oaando do7AAvenue ue02 - Sate. April 22, 2002 CBvG/C5647-8898 fax: (407) 647-1667 Seeet 2 of 2 Page 4 of 4 (407) See Sheet 1 for Legal Description THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Mary A. Doty, Esq. FOLEY& LARDNER III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando-FL 32802-2193 (407)423-76:6 For Recording Purposes Only SE-802/803 NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT THIS NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT is made and entered into this day of 20073 by and between WESTGATE RESORTS, LTD., a Florida limited partnership, whose address is 5601 Windhover Drive, Orlando, FL 32819, (hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantors are the owners of that certain real property located in Orange County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Easement Property"); and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a non-exclusive perpetual slope easement over, upon, and across the Easement Property for the specific and limited purposes hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The above recitals are true and correct, form a material part of this Agreement and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to Grantee a non-exclusive perpetual slope easement over, upon and across the Easement Property for the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set forth herein. 1.45.268389.I • Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor has fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-of-way of record, if any, and the Grantor has full power and authority to grant this Easement as to the Easement Property. Section 4. Grantee's use of the Easement Property shall be for the purposes of Grantee, through itself, its agents, contractors, consultants, and employees constructing a side slope to support the improvements to Professional Parkway as part of the Old Winter Garden Road/Professional Parkway Improvement Project, over, through, or under the Easement Property, with the privilege of entering upon said land for the purpose of maintaining, operating, and repairing said slope, together with the rights, easements, privileges, and appurtenances in or to said land which may be required for the full enjoyment of the rights herein granted. Section 5. For the full enjoyment of the rights granted herein, the Grantee shall have the further right to trim, cut, or remove trees, bushes, undergrowth, and other obstructions or improvements interfering with the location, construction, and maintenance of the slope improvements. Section 6. This Easement is non-exclusive, and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property. Grantor, however, shall not construct, install, or place any improvements on, over, under, through, or across the Easement Property without the prior written consent of Grantee. Section 7. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. Section 8. The Easement shall he binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Easement Property. Section 9. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. 006.268389.1 2 IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of: WESTGATE RESORTS, LTD., a Florida limited partnership N L-1 , J '.(�i ri Print Name Joann D. i�:ia,tktur (-By i ,:c 6ac.� vo LO1;dizr,..;t_J Name: IE EL Print Name % -IF idrs �0-(1e/W'I Title: . PRESIDENT STATE OF FLORIDA COUNTY OF ORANGE 411 r \ The, foregoing instrument was acknowledged before me this JtG day of I I.cl Lrt 203, hYj)?s1T1 A .i 1JJ as h r ' Ail) of WESTGATE RESORTS, LTD., a Florida limited partnership. He/She is r perualLyk_nown to me or U has produced as identification. WITNESS my hand and official seaFin the County and State aforesaid this day of 2003. 1 J x 1 ,,, �I Tr /1 c'- - Notary Public Joann D. Mankamyer Print Name My Commis - ^ rvpirec_ y . JOANN D.MANKAMYEA 6.1 as _ MY COMMISSION 19,200753 "741Xi ul18 EXPIRES hnjNclJNy.4 Daemon ?3;p(,';.°�' er�m,�rwa,rvmtiwm..mm 3 006 268389.1 Signed, sealed and delivered GRANTEE: in the presence of: CITY OF OCOEE, a Florida municipal corporation _ Bc: Print Name Name: S. Scott Vandergrift Title: Mayor Print Name Attest: _ Name: Jean Grafton Title: City Clerk [Affix Seal] FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 200/2 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. . 200/3 By: Foley & Lardner City Attorney STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 200Pby S. Scott Vandergrift, as Mayor of the City of Ocoee. He is [1 personally known to me or I has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of 200,. Notary Public Print Name My Commission Expires: 006268389.1 4 • Parcel 802 SLOPE EASEMENT LEGAL DESCRIPTION A portion of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 Eost, Orange County Florida Being more particularly described as follows: Commence at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 29; thence 500'26'16"E, 1,287.75 feet along the West line of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 29, to the POINT OF BEGINNING being a point on a line 5.00 feet North of and parallel with the north right of way line of Professional Parkway; thence N89'42'15"E along said parallel line 33.10 feet; thence S00'17'45"E, 5.00 feet to the north right of way line; thence S89'42'15"W, 33.08 feet along said existing right of way line to the aforesaid West Section line; thence N0(726'16"W, 5.00 feet along said West line to the POINT OF BEGINNING. Containing 165 square feet, more or less. Note: Bearings shown hereon are based on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East as being N89'42'15"E (Assumed). LeLegal Description Date. 4572,a88 6 P April 22, 2002 CBvG FOR Job No.: Scale: Jl'1TLL�r"1'-T!!iL•', 45727058 — I thin h _i= Professional Engineering r � n�= Consultants SOUTHEASTERN SURVEYING k NAPPING CORP. CH. 61GI 7-6, Florida Administrative 324 North Orlando Avenue Code requires that a legal description Maitland, FloriEa 32751-4702 drawing bear the notation that (407) 647-8896 CERT. NO. L22108 THIS IS NOT A SURVEY. e oil: infoOs head a surveyin corn EXHIBIT "A" , Page 1 of 4 Sheet 1 of 2 GARY B.CFICK sccmca[o LAND SURVEYOR NO. ezw SKETCH OF DESCRIPTION (\POINT OF COMMENCEMENT NW CORNER OF THE SE 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 29 WEST LINE OF THE SE 1/4 OF THE NW 1/4 OF THE NW 1/4 , SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST RRA-5.2 GRAPHIC SCALE 0 10 20 40 Li) S E 1/4 N W 1/4 N W 1/4 ^. SECTION 29-22-28 m N 0 T PLATTED N WESTGATE RESORTS, LTD PARCEL ID NO. 29-22-28-0000-00-002 w LINE BEING NDo' NORTHOF AND PARALLEL WITH N NORTH R/W LINE O ( POINT OF SLOPE BEGINNING 832 EASEMENT eN89642'15"E 33.10' H S00'17'45"E 5.00' 5.00' 33.08' NORTH RIGHT OF WAY LINE S89'42'15"W PROFESSIONAL PARKWAY 60.00' RIGHT OF WAY ABBREVIATIONS: R/W = RIGHT OF WAY _e e. • • - .. EXIST.= EXISTING jffl 1..I rr ;1.;L u 1 I, --ITT TA S-I17I f L-(11Kt& rlSA/M a uaa Drawing No. 45727058 SOUTHEASTERN SURVEYING & MAPPING CORP. Job Na. 45727 EXHIBIT "A" 324 North Orlando Avenue Dote: April 22. 2002 CB.G Page 2 of 4 Maitland, Florida 32751-4702 Sheet 2 of 2 9 (407) 647-8898 fax: (407) 847-1667 See Sheet 1 for Legal Description Parcel 803 SLOPE EASEMENT LEGAL DESCRIPTION A portion of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East, Orange County Florida Being more particularly described as follows: Commence at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 29; thence SO0'26'16"E, 1292.75 feet along the West line of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 29 to a point an the North right of way line of Professional Parkway; thence along said North right of way line N89'42'15'E, 88.08 feet to the POINT OF BEGINNING; thence NO0117'45' E, 5.00 feet to a point on a line 5.00 feet North of and parallel with the said North right of way line; thence along said parallel line N89'42'15"E, 295.93 feet; thence departing said parallel line S00100'00'W, 5.00 feet to the said North right of way line; thence 589'42'15'W, 295.90 feet along said North right of way line to the POINT OF BEGINNING. Containing 1,480 square feet more or less. Note: Bearings shown hereon are based on the North line of the Southwest 1/4' of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East as being N89'42115E (Assumed). Date: 45727059 Legal Description April 22, 2002 CBvG ��� ---,:, me FOR Job Na.: Scale', s 11_`i Li l •Lwle 45727059 1 = e0' — a-f Lr•:A �m Professional Engineering aimia gslis -"Alta_ a Consultants SOUTHEASTERN SURVEYING & MAPPING CORP. CH. 61G17-6, Florida Administrative Code requires that o legal description 324 North, Floridaa 32 1-n7e Maitland, Fl 32]61O.drawLB2 THIS b the natationR That (40 ail: 647-8898 LB2THIS IS NOT A SURVEY. EXHIBIT "A"Page3of4Sheet 1 of 2 y/ CK REGISTERED VND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION POINT OF COMMENCEMENT NW CORNER OF THE SE 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 29 ti S E 1/4 N W 1/4 N W 1/4 SECTION 29-22-28 CNi N 0 T PLATTED rn N WESTGATE RESORTS, LTD PARCEL ID NO. 29-22-28-0000-00-002 W WEST LINE OF THE SE 1/4 OF THE CO NW 1/4 OF THE NW 1/4 . SECTION 29, 5' NORTH OF AND PARALLEL TOWNSHIP 22 SOUTH. RANGE 28 EAST WITH THE NORTH RIGHT OF WAY LINE N O 80 -c SLOPE O N00'17'45"W sErnENr 5.00' 5 O'00'00"W 5..00' N89•42'15.E N89'421151'E 295.93' 88.08' S89642'15"W 295.90' NORTH RIGHT OF WAY LINE POINT OF BEGINNING PROFESSIONAL PARKWAY GRAPHIC SCALE 0 40 80 160 ABBREVIATIONS R/W = RIGHT OF WAY e....... EXIST= EXISTING 4TEli it rr'lL , 7--r —.=VV�Y� -Art. s..iL� Drawing No. 45727059 SOUTHEASTERN SURVEYING & MAPPING CORP. Date. Ap 45727 2002 ce�G EXHIBIT "A" 324 North Orlando Avenue Maitland, Florida 32751-4702 Sheet 2 of 2 Page 4 of 4 (407) 647-8898 fax: (407) 647-1667 See Sheet 1 for Legal Description