HomeMy WebLinkAboutItem 14 Approval for a Drainage Easement Agreement for Pond 10 in the Ocoee Crown Point PUD Owned and Constructed by Orange County Public Schools (OCPS) on the OCPS Technical School CampusMeeting Date: December 5, 2023
Item #: 14
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Background Summary:
Orange County Public Schools (OCPS) is constructing the OCPS West Side Technical School on a tract in the
Ocoee Crown Point PUD that also provides stormwater retention for a tract owned by the City of Ocoee. This
Drainage Easement Agreement provides legal access for the stormwater from the City's owned tract which is
under contract with GS Crown Point, LLC to run over, on, and under the OCPS tract and into Pond 10.
Additionally, there is an agreement for a joint -use monument sign at the entrance to the new access road and
Ocoee Apopka Road, which will benefit OCPS and GS Crown Point Owner, LLC's (FKA Wire Development)
projects.
Issue:
Should the Honorable Mayor and City Commissioners approve a Drainage Easement Agreement with Orange
County Public Schools (OCPS) for Pond 10 on the OCPS Technical School Campus?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve a Drainage Easement Agreement
with Orange County Public Schools (OCPS) for Pond 10 on the OCPS Technical School Campus.
Attachments:
1. Ocoee Crown Point - Drainage Easement Agreement (Pond 10)
Financial Impacts:
N/A
Type of Item: Consent
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Page 164 of 593
INSTRUMENT PREPARED BY
AND RETURN TO:
Greenberg Traurig, P.A.
333 SE 2nd Ave., 4111 Floor
Miami, FL 33131
Attn: Kimberly S. LeCompte, Esq.
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT ("Agreement") is made as of
202_ (the "Effective Date"), by and between THE SCHOOL BOARD OF
ORANGE COUNTY, FLORIDA, a body corporate existing under the Constitution and laws of
the State of Florida, with an address of 445 Amelia Street, Orlando, Florida 32801 ("Grantor"), and
CITY OF OCOEE, a Florida municipal corporation, with an address of 1 North Bluford Avenue,
Ocoee, Florida 34761, Attn: City Manager ("Grantee").
Recitals
A. Grantor is the fee simple owner of the property more particularly described on Exhibit
"A" attached hereto and made a part hereof which totals approximately 37.5 acres (the
"Grantor Parcel").
B. Grantee is the fee simple owner of the property more particularly described on Exhibit
"B" attached hereto and made a part hereof which totals approximately 16.19 acres (the
"Grantee Parcel").
C. Grantor has agreed to complete after the Effective Date of this Agreement, construction of
a pond, connections, and associated outfall pipes on the Grantor Parcel providing for
stormwater management, as more particularly described and depicted on Exhibit "C"
attached hereto and made a part hereof (collectively, the "Drainage Facilities") and
partially located on Grantee Property, pursuant to that certain Temporary Construction and
Access Easement recorded at DOC # 20220745126, Official Records of Orange County,
Florida.
D. Following completion of construction of the Drainage Facilities, Grantee desires to obtain
a perpetual and non-exclusive drainage easement from Grantor over, under, upon, through
and across the portion of the Grantor Parcel over, under, upon, through and across which
the Drainage Facilities are or may be located from time -to -time (the "Easement Parcel")
for surface water and stormwater drainage serving the Grantee Parcel.
NOW, THEREFORE, in consideration of the foregoing Recitals and the further provisions
of this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties
mutually agree as follows:
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I . Recitals. The foregoing recitals are true and correct and are incorporated by this reference
as substantive provisions of this Agreement.
2. Construction of Drainage Facilities. Grantor shall, at its sole cost and expense, complete
the construction of the Drainage Facilities on or before April 1, 2024 (the "Construction Outside
Date"). Grantor shall construct the Drainage Facilities in accordance with the permits, which
Drainage Facilities shall accommodate the development of the Grantee Parcel with a maximum
impervious area of 85% (the "Grantee Parcel Impervious Surface") (the "Drainage Facilities
Specifications"). So long as any future modification of the Drainage Facilities does not reduce the
Grantee Parcel Impervious Surface, Grantor shall be permitted to modify the Drainage Facilities
Specifications without the prior written consent of Grantee. In the event any proposed future
modification of the Drainage Facilities decreases the Grantee Parcel Impervious Surface, Grantor
shall not be permitted to modify the Drainage Facilities Specifications without the prior written
consent of Grantee, which consent Grantee may withhold in Grantee's sole and absolute discretion.
Upon completion of the Drainage Facilities or any future modification by Grantor, Grantor shall
provide Grantee with written notice of the completion of construction or modification of the
Drainage Facilities. As used herein, "completion of construction" shall mean that Grantor and
Grantee have each received a copy of a certification of such completion from the project engineer
and the Drainage Facilities have been turned over to an operating permit with St. Johns River Water
Management District or another appropriate governmental authority (as applicable).
3. Grant of Drainage Easement. From and after the completion of construction of the
Drainage Facilities, Grantor hereby grants to Grantee a perpetual non-exclusive easement, for the
benefit of Grantee, over, under, upon, through and across the Easement Parcel, for the purpose of
providing attenuation and drainage of stormwater runoff for the benefit of and serving the Grantee
Parcel (the "Drainage Easement"). Following completion of the construction of the Drainage
Facilities, the parties agree to work together in good faith to agree upon the final legal sketch and
description of the Easement Parcel and then record an amendment to this Agreement incorporating
same within a reasonable period of time.
4. Maintenance of Drainage Facilities. From and after the completion of construction of the
Drainage Facilities:
(a) Grantor, at the shared cost of Grantor and Grantee on a pro-rata basis agrees to
maintain, repair, replace and operate ("Maintenance Activities") the Drainage Facilities consistent
with all applicable laws and rules of all local, state and federal entities or agencies having
jurisdiction over the Drainage Facilities, including all applicable environmental resource permits
and other applicable permits and approvals issued by any governmental entity or agency having
jurisdiction over such Drainage Facilities. The Grantee Parcel accounts for approximately 15% of
the acreage draining into and through the Drainage Facilities. As such, the Grantor shall invoice
Grantee , on an annual basis, for 15% of the actual costs of the Maintenance Activities and shall
provide to Grantee reasonable back-up documentation evidencing such costs, and Grantee shall pay
said invoice within forty-five (45) days receipt. If Grantee fails to reimburse Grantor for the
reasonable costs and expense incurred in connection with performing the Maintenance Activities
within forty-five (45) days after written invoice therefor by Grantor, then Grantor shall, in addition
to any other remedies that it may have available in law or in equity, be entitled to file a lien against
the Grantee Parcel and any buildings and improvements thereon in the amount of such invoice
together with interest thereon at the lesser of. (i) eighteen percent (18%) per annum; or (ii) the
highest rate of interest permitted by law.
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(b) Grantor, on behalf of itself and its successors and assigns, agrees not to take any
action on or to the Easement Parcel which would unreasonably interfere with the operation,
maintenance, or use of the Drainage Facilities. Notwithstanding the foregoing, Grantor reserves
unto itself and its respective successors and assigns, the right to use Easement Parcel; provided,
however, that such use does not conflict with or adversely impair the easement rights granted under
the Drainage Easement or interfere with or cause damage to the Drainage Facilities.
5. Self Help. If, from and after the completion of construction of the Drainage Facilities,
Grantor should fail to maintain, repair, replace and operate the Drainage Facilities in accordance
with this Agreement, and such failure continues for a period of sixty (60) days after Grantor has
been given written notice by Grantee specifying the nature of the default (provided, however, that
in an Emergency only such notice which is reasonable and possible under the circumstances shall
be required), then in such case Grantee may, but shall not be obligated to, enter upon the Grantor
Parcel and perform the necessary repairs or maintenance, the costs of which shall be shared pro-
rata as set forth above. If Grantor fails to reimburse Grantee for the reasonable costs and expense
incurred in connection with performing the necessary repairs or maintenance on behalf of Grantor
within thirty (30) days after written demand therefor by Grantee, then Grantee shall have available
all remedies in law or in equity. In no event shall the Grantee or its contractor enter upon the Grantor
Parcel unless and until it complies with the Jessica Lunsford Act, effective September 1, 2005 (the
"Act"): "Non -instructional school district employees or contractual personnel who are permitted
access on school grounds when students are present, who have direct contact with students or who
have access to, or control of school funds must meet level 2 screening requirements as described in
s.1012.32. Contractual personnel shall include any vendor, individual, or entity under contract with a
school or the school board." See Section 1012.465, F.S. Any cost associated with compliance of the
Act shall be at the sole expense of the Grantee or its contractor.
6. Relocation. From and after the completion of construction of the Drainage Facilities,
Grantor, at its sole cost and expense, shall be permitted to relocate the Drainage Facilities without
the prior written consent of Grantee provided that the relocation does not reduce the Grantee Parcel
Impervious Surface. In the event Grantor's proposed relocation would decrease the Grantee Parcel
Impervious Surface, Grantor shall seek consent from Grantee and Grantee may withhold its consent
to such modification in Grantee's sole and absolute discretion. In the event the relocation is
required by a third party such as a governmental entity or as the result of a taking, Grantor shall
pay for the costs of such relocation, and Grantee shall reimburse Grantor for fifteen percent (15%)
of the actual costs of such relocation following receipt of an invoice and all additional back-up
documentation evidencing such costs paid by Grantor. In any of the above scenarios, at the
completion of construction Grantor and Grantee shall execute and deliver an acceptable and
recordable amendment to this Agreement to cover such relocated Drainage Facilities. Upon the
completion of any relocation, the easement herein shall be considered cancelled as to the portion
of the Drainage Facilities vacated by such relocation.
7. Limitation on Use. The sole purpose of the Drainage Easement is for discharge and
detention of stormwater from the Grantee Parcel onto and within Easement Parcel. Except as
provided in Section 5 above, the Drainage Easement does not include the right of Grantee to enter
upon the Easement Parcel, nor the right to construct, install, inspect, maintain, service, repair,
replace, or operate aboveground or underground drainage, retention, detention, and/or conveyance
facilities within the Easement Parcel without the prior written consent of Grantor.
8. Applicable Laws and Permits. Grantee at its expense shall: (i) obtain and maintain all
necessary governmental approvals, permits, and/or licenses required for Grantee's use of the
Easement Parcel; and (ii) comply with all applicable laws and permits, approvals, codes and
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requirements of any and all federal, state, county, municipal, or other governmental department or
entity, or any authority, commission, board, bureau, court, community development district, or
agency having jurisdiction over Grantor Parcel and Grantee Parcel or any portion thereof, including
without limitation all Environmental Laws (as hereinafter defined). Grantor, at Grantor's sole cost
and expense, shall obtain and maintain all necessary governmental approvals, permits, and/or
licenses required in connection with the construction of the Drainage Facilities and Grantor's use
of the Drainage Facilities.
9. Environmental Laws; Hazardous Substances. Neither Grantee nor its employees, agents
or contractors shall cause any Hazardous Substances (as hereinafter defined) or other contaminant
included under or regulated by any local, state, or federal code, law, statute, rule, regulation, and/or
requirement to be discharged and/or released into or upon the Easement Parcel. In the event of any
discharge and/or release by Grantee, its employees, agents or contractors in violation of this
paragraph, Grantee shall have thirty (30) days after the discovery of such discharge and/or release
to remedy such non-compliance at the Grantee's sole cost and expense. As used herein,
"Hazardous Substances" shall mean and include all hazardous and toxic substances, wastes or
materials, any pollutants or contaminates (including, without limitation, asbestos and raw materials
which include hazardous components), or other similar substances, or materials which are included
under or regulated by any local, state or federal law, rule or regulation pertaining to environmental
regulation, contamination or clean-up, including, without limitation, "CERCLA", "RCRA", or state
superlien or environmental clean-up statutes (all such laws, rules and regulations being referred to
collectively as "Environmental Laws"). Grantee shall have thirty (30) days after the discovery of
such discharge and/or release to remedy such non-compliance at the Grantee's sole cost and
expense.
10. Liens. Grantee shall not permit any construction, mechanic's lien, or other lien, claim or
encumbrance to be filed against the Easement Parcel or any other portion of the Grantor Parcel. If
any lien is filed against the Easement Parcel or any other portion of the Grantor Parcel, for any
expense incurred by Grantee or as a result of any work performed or directed to be performed by
Grantee, Grantee shall pay off the lien or cause it to be transferred to other security in accordance
with Chapter 713, Florida Statutes, within twenty (20) days after Grantee's receipt of notice of the
recording thereof, failing which, in addition to any other rights and remedies Grantor may have,
Grantor may cause the lien to be paid and/or transferred to other security and recover from Grantee
all costs and expenses reasonably incurred by Grantor to do so, plus attorneys' fees as provided in
Section 20 below. Nothing in this Agreement is intended or shall be construed as Grantor having
agreed to subject any of its property to liability under any mechanic's or other similar lien law.
11. Additional Rights. In addition to the rights specifically granted above, Grantee shall have
and is hereby granted any and all such further and ancillary rights as are or may be necessary for
Grantee to be able to fully utilize and enjoy the rights specifically granted hereby, including,
without limitation, a right of ingress, egress and access over other portions of the Grantor Parcel to
provide access to the Drainage Facilities. In connection with the exercise of any and all rights and
easements granted in this Agreement, Grantee shall use commercially reasonable efforts to
minimize interference with the use and enjoyment of the Grantor Parcel.
12. Reserved Rights. Grantor reserves unto itself, and its successors, assigns, mortgagees,
tenants, lessees, and invitees the right to use the Grantor Parcel, including, without limitation, the
areas affected by any easement granted herein, at any and all times for any and all purposes which
do not unreasonably interfere with the exercise of the rights and easements by Grantee thereof.
Grantor also hereby reserves the right to grant other easements to other persons or entities over,
under, across and through the Grantor Parcel including, without limitation, portions of such
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property subjected to the easement granted in this Agreement, provided the same are not
inconsistent with and do not unreasonably interfere with the purposes set forth in this Agreement.
13. Indemnification Related to Discharges or Damage. Grantee agrees to indemnify,
defend, and hold Grantor harmless from and against any and all claims, damages, liabilities, costs,
expenses, causes of action, suits and/or judgments, of whatsoever kind or nature, arising out of its
use of the Easement Parcel. Grantee agrees to promptly repair, replace and/or restore (as
appropriate) any damage to the Grantor Parcel resulting from the exercise of its rights under this
Agreement. To the extent permitted by applicable law and expressly limited to the amounts set
forth in §768.28, Fla. Stat. (2023), Grantor agrees to indemnify, defend and hold Grantee harmless
from and against any and all claims, damages, liabilities, costs, expenses, causes of action, suits
and/or judgments, of whatsoever kind or nature, arising out of a breach of Grantor's obligations
under this Agreement. Grantor agrees to promptly repair, replace and/or restore (as appropriate)
any damage to the Drainage Facilities resulting from the exercise of its reserved rights under this
Agreement. Other than the above limited indemnities not to exceed the amounts set forth in §768.28
Fla. Stat. (2023), nothing in this Agreement shall be construed as a waiver of Grantor's sovereign
immunity. Notwithstanding the above, during the period that the City is the Grantee, the indemnity
is limited to those amounts set forth in §768.28, Fla. Stat. (2023) and, other than the aforementioned
limitation, nothing herein shall be construed as a waiver of the City's sovereign immunity.
14. Notices. All notices and other communications required or permitted to be given hereunder
shall be in writing, and shall be mailed by certified or registered mail, postage prepaid, or sent by
Federal Express or similar overnight delivery service or delivered via electronic mail and shall be
addressed to the recipient at its address set forth below or, as to the undersigned parties' successors
and assigns, as contained in the records of the Property Appraiser of Orange County, Florida.
Notice shall be deemed given upon receipt or rejection by the recipient.
Grantor: The School Board of Orange County, Florida
Attn: Superintendent of Schools
445 West Amelia Street
Orlando, FL 32801
Email:
Copy to: Orange County Public Schools
Attn: Jad Brewer
6501 Magic Way, Bldg. 200
Orlando, FL 32809
Email: Jad.Brewer i ocps.net
Copy to: Orange County Public Schools
Attn: Real Estate Management
6501 Magic Way, Bldg. 200
Orlando, FL 32809
Email: REM a)ocps.net
Copy to: Orange County Public Schools
Legal Services
Attn: Amy Envall
445 West Amelia Street
Orlando, FL 32801
Email: amy.envall@ocps.net
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To Grantee
City of Ocoee, Florida
150 N. Lakeshore Drive,
Ocoee, Florida 34761 _
Attn: City Manager
With copies to: c/o Greystar Development East, LLC
788 East Las Olas Blvd., Suite 201
Fort Lauderdale, Florida 33301
Attention: Lewis Stoneburner, Jr.
E-mail: istoneburnerkgreystar.com
And: Greenberg Traurig, P.A.
333 SE 2nd Avenue
Miami, Florida 33131
Attention: Kimberly S. LeCompte, Esq.
Email: lecomptek(a_, gtlaw. com
15. General Provisions. No failure of either party to exercise any power given hereunder or
to insist upon strict compliance with any obligation specified herein, and no custom or practice at
variance with the terms hereof, shall constitute a waiver of either party's right to demand exact
compliance with the terms hereof. Time is of the essence of this Agreement. Wherever, under the
terms and provisions of this Agreement, the time for performance falls upon a Saturday, Sunday,
or United States federal holiday, such time for performance shall be extended to the next business
day. The headings inserted at the beginning of each paragraph are for convenience only, and do not
add to or subtract from the meaning of the contents of each paragraph. This Agreement is intended
to be performed in accordance with, and only to the extent permitted by, all applicable laws,
ordinances, rules and regulations.
16. Binding Effect. The terms, conditions and other provisions set forth herein shall run with
the title to the Grantor Parcel and Grantee Parcel and each part thereof and shall bind and inure to
the benefit of the undersigned parties and their respective successors and assigns.
17. Severability. If any term, covenant, condition or provision of this Agreement or the
application thereof to any person or circumstance shall at any time or to any extent be held by a
court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this
Agreement and the application of the subject term, covenant, condition or provision to persons or
circumstances other than those to which it was held invalid, illegal or unenforceable shall not be
affected thereby, and each term, covenant condition and provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by applicable law.
18. Covenants Running with the Land. The provisions of this Agreement shall constitute
covenants running with the land pursuant to Florida law.
19. Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action arising out of this Agreement
shall lie exclusively in the state courts in and for Orange County, Florida.
20. Attorneys' Fees. In the event of a dispute concerning the interpretation and/or enforcement
of the terms hereof, the prevailing party in any such dispute shall be entitled to recover from the
non -prevailing party costs and expenses incurred in connection therewith, including, but not limited
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to, reasonable attorneys' fees, paralegal, consultant and other expenses incurred prior to trial, at
trial, on appeal or in connection with any administrative or bankruptcy proceedings.
21. Multiple Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original document and all of which together shall constitute one and the same
Agreement. Signature and acknowledgement pages may be detached from the counterparts and
collated to physically form one document.
22. Further Assurances The parties hereby agree that at any time following a request
therefore by the other party, each shall execute and deliver to the other party such further documents
and instruments, in form and substance reasonably necessary to confirm or effectuate the
obligations of either party hereunder.
23. Entire Agreement; Modification. This Agreement contains the entire agreement of the
parties and may not be changed except by written agreement duly executed by the parties hereto.
This Agreement supersedes any prior understanding and agreements between the parties with
respect to the subject matter hereof, and there are no representations, warranties, or oral agreements
other than those expressly set forth herein.
24. Authority Each party warrants and represents, with respect to itself, that neither the
execution nor the performance of this Agreement requires any consent, vote or approval which has
not been obtained, or at the appropriate time shall not have been given or obtained, nor shall it
result in or constitute a breach or default under any indenture, contract, or other commitment or
restriction to which it is a party or by which it is bound. The School Board of Orange County,
Florida does hereby confer upon the Superintendent, or Superintendent's designee, the authority,
without further approval from the School Board, to finalize the form of the legal description and
execute an amendment incorporating same into this Agreement; and the School Board's signature
of that amendment and similar documents is hereby authorized.
25. Signage. The parties acknowledge that pursuant to the Planned Development approval for
the Grantor Parcel and the Grantee Parcel there is to be community level sign at the east end of the
entrance drive at Ocoee -Apopka Road with three (3) sign panels, one for the Grantor Parcel and
two (2) for the Grantee Parcel (the "Sign"). The Grantee and Grantor, and their successors and
assigns, shall enter into a sign easement in a form reasonably acceptable to the parties for said Sign
in the location as generally shown on Exhibit "D" on or before March 1, 2024. The Sign shall be
constructed by the then owner of the Grantee Parcel assigns, on or before July 1, 2025. In the
interim, the Grantor shall have the right to fabricate and install a temporary sign in the same general
location for its school site which may remain in place until the Sign is completed.
[Signature Pages Follow]
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IN WITNESS WHEREOF, the Parties have made this Agreement as of the day and
year first above written.
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF ORANGE
GRANTOR:
THE SCHOOL BOARD OF
ORANGE COUNTY, FLORIDA, a
body corporate and political
subdivision of the State of Florida
Teresa Jacobs, its Chair
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of , 2023 by Teresa
Jacobs, on behalf of THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body
corporate and political subdivision of the State of Florida, as its Chair. Said person is ❑
personally known to me or ❑ produced (type of
identification) as identification.
Witness my hand and official seal this _ day of ,
2023.
Notary Public, State of Florida
(Notary Seal)
M.
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WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF ORANGE
GRANTOR -
THE SCHOOL BOARD OF
ORANGE COUNTY, FLORIDA, a
body corporate and political
subdivision of the State of Florida
Maria F. Vazquez, Ed.D., as its
Superintendent
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of , 2023 by Maria F.
Vazquez, Ed.D., as Superintendent of THE SCHOOL BOARD OF ORANGE COUNTY,
FLORIDA, a body corporate and political subdivision of the State of Florida, as its Chair.
Said person is ❑ personally known to me or ❑ produced
(type of identification) as
identification.
Witness my hand and official seal this day of
2023.
Notary Public, State of Florida
(Notary Seal)
Reviewed and approved by Orange Approved as to form and legality by legal
County Public School's Chief Facilities counsel to The School Board of Orange
Officer. County, Florida, exclusively for its use
and reliance.
Rory Salimbene
Chief Facilities Officer
Date:
9
ACTIVE 687622706v8
Christopher J. Wilson, Esq.
Attorney
Date:
Page 173 of 593
GRANTEE:
Signed, sealed and delivered in the
presence of: CITY OF OCOEE, FLORIDA
Print Name:
Print N
CN
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE CITY OF APPROVED BY THE OCOEE CITY COMMISSION AT
OCOEE, FLORIDA. Approved as to form and legality A MEETING HELD ON
this day of DAY OF
UNDER AGENDA ITEM NO.
FISHBACK DOMINICK, LLP.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT,
personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA
and that they severally acknowledged 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 County and State last aforesaid this day of
Iff
ACTIVE 687622706v8
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal): _
Page 174 of 593
11 "MUM
10.14 ■
Grantor Parcel
ll
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The land referred to herein below is situated in the County of Orange, State of Florida,
and is described as follows:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 22
SOUTH, RANGE 28 EAST, THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH,
RANGE 28 EAST AND THE NORTHWEST 1/4 QUARTER OF SECTION 7, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE NORTH 00'
20' 26" WEST ALONG THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 1 A
DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING THE
EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1, RUN SOUTH 89- 41' 40"
WEST, 373.85 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 29' 49' 01 "; THENCE
ALONG THE ARC OF SAID CURVE A DISTANCE OF 260.20 FEET TO THE
SOUTHEASTERLY RIGHT OF WAY LINE OF WEST ORANGE 'TRAIL AS RECORDED IN
OFFICIAL RECORDS BOOK 5043, PAGE 2627, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE THE FOLLOWING COURSES AND DISTANCES ALONG
SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 444 55' 46" EAST, 876.12 FEET;
THENCE SOUTH 00' 20' 26" EAST, 3.50 FEET; THENCE NORTH 44' 55' 46" EAST, 431.54
FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 1.404.90 FEET AND A CENTRAL ANGLE OF 28' 35' 33"; THENCE ALONG
THE ARC OF SAID CURVE A DISTANCE OF 701.09 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 73' 31' 19" EAST, 323.43 FEET; THENCE LEAVING SAID
SOUTHEASTERLY RIGHT OF WAY LINE OF WEST ORANGE TRAIL, RUN SOUT14 15'
51' 31" EAST 176.73 FEET; THENCE NORTH 90' 00' 00" EAST, 452.38 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD (ALSO KNOWN AS
COUNTY ROAD 437) BEING A POINT ON A NON -TANGENT CURVE CONCAVE
EASTERLY, HAVING A RADIUS OF 2351.83 FEET, A CENTRAL ANGLE OF 00' 57' 20"
AND A CHORD OF 39.22 FEET THAT BEARS SOUTH 04' 32' 55" EAST; THENCE THE
FOLLOWING COURSES AND DISTANCES ALONG THE ARC OF SAID CURVE AND
WESTERLY RIGHT OF WAY LINE A DISTANCE OF 39.22 FEET; THENCE NORTH 84'
58' 24" EAST, 10.01 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 2341.83 FEET, A CENTRAL ANGLE OF 00'
39' 34" .AND A CHORD OF 26.95 FEET THAT BEARS SOUTH 05' 21' 23" EAST; THENCE
ALONG THE ARC OF SAID CURVE A DISTANCE OF 26.95 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 05' 41' 12" EAST, 107.55 FEET TO THE
NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 429 AS SHOWN ON
ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY WESTERN BELTWAY
RIGHT OF WAY MAP PROJECT NO. 75320-6460-602/603 DATED APRIL 1997, BEING A
POINT ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 3064.79 FEET, A CENTRAL ANGLE OF 30' 54' 55" AND A CHORD OF
1633.69 FEET THAT BEARS SOUTH 44' 24' 26" WEST; THENCE LEAVING SAID
WESTERLY RIGHT OF WAY LINE, RUN ALONG THE ARC OF SAID CURVE AND
NORTHWESTERLY RIGHT OF WAY LINE A DISTANCE OF 1653.68 FEET TO THE
SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6; THENCE LEAVING SAID
NORTHWESTERLY RIGHT OF WAY LINE, RUN NORTH 89' 43" 59" EAST ALONG THE
SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6 A DISTANCE OF 74.27
FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF FULLERS CROSS ROAD
AS SHOWN ON ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY WESTERN
BELTWAY RIGHT OF WAY MAP PROJECT NO. 75320-6460-602/603 DATED APRIL 1997,
BEING A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING
A RADIUS OF 317.90 FEET, A CENTRAL ANGLE OF 33' 58' 25" AND A CHORD OF
185.75 FEET THAT BEARS SOUTH 53' 09' 34" WEST; 'THENCE LEAVING THE SOUTH
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6, RUN ALONG THE ARC OF SAID
CURVE AND NORTHWESTERLY RIGHT OF WAY LINE A DISTANCE OF 188.50 FEET
TO T14E POINT OF TANGENCY; THENCE SOUTH 36' 10' 30" WEST ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE 1.8.89 FEET; THENCE LEAVING SAID
NORTHWESTERLY RIGHT OF WAY LINE, RUN NORTH 43' 27' 32" WEST, 27.07 FEET
TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF
590.00 FEET AND A CENTRAL ANGLE -OF 46' 50' 49"; THENCE ALONG THE ARC OF
SAID CURVE A DISTANCE OF 482.40 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 89' 41' 40" WEST, 55.21 FEET TO THE POINT OF BEGINNING.
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Grantee Parcel
Legal Description of the North Tract
A portion of Section 6, Township 22 South, Range 28 East, Orange County, Florida,
being more particularly described as follows:
BEGIN at the Southeast corner of Lot 1, Ocoee Crown Point PUD Phase 1, according to
the plat thereof, as recorded in Plat Book 63, Pages 24 through 26, of the Public Records
of Orange County, Florida, said point also lying on the North right of way line of West
Orange Trail, per Official Records Book 5043, Page 2627, Public Records of Orange
County, Florida; thence departing said North right of way line, and along the East and
North lines of aforesaid Lot 1, the following eight (8) courses and distances: North
15°5 F59" West, a distance of 46.09 feet to a point of curvature of a curve concave
Easterly, having a radius of 230.00 feet and a central angle of 41°07'10"; thence
Northerly along the arc of said curve a distance of 165.06 feet; thence North 25' 1. 5' 1.1 "
East, a distance of 28.46 feet; thence North 64°44'49" West, a distance of 175.18 feet to a
point of curvature of a curve concave Northeasterly, having a radius of 855.00 feet and a
central angle of 15'15'38"; thence Northwesterly along the arc of said curve a distance of
227.73 feet; thence North 49'29'11" West, a distance of 487.82 feet to a point of
curvature of a curve concave Northeasterly, having a radius of 280.00 feet and a central
angle of 23°04'36"; thence Northwesterly along the arc of said curve a distance of 1.12.77
feet; thence North 26°24'35" West, a distance of 26.74 feet to the South right of way line
of Ocoee Crown Point Parkway, per Plat Book 63, pages 24 through 26, of the Public
Records of Orange County, Florida; thence departing aforesaid East and North lines of
Lot 1, and along said South right of way line the following five (5) courses and distances:
North 63'05'17" East, a distance of 60.00 feet to a point on a non -tangent curve concave
Easterly, having a radius of 10.00 feet, a central angle of 68' 1757" and a chord bearing
of North 07° 14' 15" East; thence from a tangent bearing of North 26°54'43" West,
Northerly 11.92 feet along the arc of said curve to a point of reverse curvature of a curve
concave Northwesterly, having a radius of 100.00 feet and a central angle of 28°29'41
thence Northeasterly along the arc of said curve a distance of 49.73 feet to a point of
reverse curvature of a curve concave Southeasterly, having a radius of 10.00 feet and a
central angle of 49°04'01 "; thence Northeasterly along the arc of said curve a distance of
8.56 feet to a point of reverse curvature of a curve concave Northwesterly, having a
radius of 1,730.00 feet and a central angle of 05°41'30"; thence Northeasterly along the
arc of said curve a distance of 171.86 feet to the South line of Wetland 1 (Staten Branch),
according to the Official Records Book 1.0450, Page 96, of the Public Records of Orange
County, Florida; thence departing said South right of way line and along said South line
of Wetland 1 (Staten Branch) the following twenty-two (22) courses and distances: South
61°38'55" East, a distance of 76.25 feet; thence South 81°34'00" East, a distance of 66.61
feet; thence South 44°57'55" East, a distance of 1.1.9.80 feet; thence South 36°27'55" East,
a distance of 57.50 feet; thence South 42°47'18" East, a distance of 67.80 feet; thence
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South 49°12'45" East, a distance of 72.19 feet; thence South 32°14'46" East, a distance of
50.38 feet; thence South 31°26'04" East, a distance of 69.99 feet; thence South 75016'42"
East, a distance of 51.73 feet; thence South 46°41'54" East, a distance of 67.26 feet;
thence South 66023'09" East, a distance of 43.50 feet; thence South 67°46'36" East, a
distance of 48.28 feet; thence South 72°24'39" East, a distance of 56.14 feet; thence
South 85°26'41" East, a distance of 51.81 feet; thence North 82'19'12" East, a distance of
40.21 feet; thence South 84°45'44" East, a distance of 53.70 feet; thence South 87° 14'35"
East, a distance of 36.13 feet; thence South 80°04'10" East, a distance of 79.45 feet;
thence South 84'11'09" East, a distance of 33.89 feet; thence South 72°44'14" East, a
distance of 47.40 feet; thence South 80°08'56" East, a distance of 59.73 feet; thence
South 80°08'56" East, a distance of 74.39 feet to the West right of way line of County
Road 437 (Ocoee -Apopka Road), per Orlando -Orange County Expressway Authority
project number 75320-6460-602/603, also being a point on a non -tangent curve concave
Easterly, having a radius of 2,351.97 feet, a central angle of 8°16'48" and a chord bearing
of South 8°49'00" West; thence departing said South line of Wetland 1 (Staten Branch)
from a tangent bearing South 12°57'24" West, Southerly 339.89 feet along the arc of said
curve to the North right of way line of aforementioned West Orange Trail; thence
departing said West right of way line, South 73°30'51" West, a distance of 535.21 feet
along said North right of way line of West Orange Trail to the aforementioned East line
of Lot 1, and the POINT OF BEGINNING.
Containing 12.26 acres, more or less.
Together with:
Legal Description of the South Tract
A portion of Section 6, Township 22 South, Range 28 East, Orange County, Florida,
being more particularly described as follows:
COMMENCE at Southeast corner of Lot 1, Ocoee Crown Point PUD Phase 1, according
to the plat thereof, as recorded in Plat Book 63, Pages 24 through 26, of the Public
Records of Orange County, Florida; thence South 15°50'01" East, a distance of 39.00 feet
to the POINT OF BEGINNING, said point being on the South right of way line of West
Orange Trail, a 39.00 foot right of way per Official Records Book 5043, page 2627;
thence North 73°30'51" East, a distance of 521.07 feet along said South right of way line
to a point on the West right of way line of County Road 437 (Ocoee -Apopka Road), per
Orlando -Orange County Expressway Authority project number 75320-6460-602/603, and
a non -tangent curve concave Easterly, having a radius of 2,351.97 feet, a central angle of
07°45'27" and a chord bearing of South 00' 1.1'57" East; thence from a tangent bearing of
South 03°40'47" West, Southerly 318.45 feet along the arc of said curve and said West
right of way line; thence departing said West right of way line, North 90°00'00" West, a
distance of 452.37 feet; thence North 15°5 F31" West, a distance of 177.07 feet to the
aforementioned South right of way line of West Orange Trail, and the POINT OF
BEGINNING.
Containing 2.69 acres, more or less.
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Drainage Facilities
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AC
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Exhibit "D"
["Signage Exhibit"]
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