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HomeMy WebLinkAboutItem #03 Approval of Family Dollar Store Reciprocal Easement Agreement Between Three Parties Including the City of Ocoee for Joint Use of Access Easements and Stormwater Facilitiesf Iorida AGENDA ITEM COVER SHEET Meeting Date: March 18, 2014 Item # Contact Name: Contact Number: Michael Rume Reviewed By: Department Director: City Manager: Ext. 1018 Subject: Family Dollar (Wurst Road) Small Scale Site Plan Reciprocal Easement Agreement Between Three Parties Including the City of Ocoee For Joint Use of Access Easements and Stormwater Facilities Commission District #1 (John Grouan) Background Summary: The Small Scale Site plan for a Family Dollar located on Wurst Road was approved conditionally by staff on March 3, 2014. The site plan calls for the utilization of city owned property that is landlocked on its south side for stormwater retention. Staff negotiated to have the city owned property developed into a stormwater retention facility that will contain the stormwater runoff from the Family Dollar site and hold additional capacity for future improvements to Wurst Road at the Spring Lake Circle intersection. Also, the applicant will provide a stormwater pipe along the eastern property line with a catch basin to be located at the driveway which will collect some stormwater from Wurst Road. Additionally, the plan provides for a realignment of the driveway for the existing gas station to the east to one central access point for both sites. The applicant negotiated this based on a request from city staff. This modification will provide a "T" intersection at the Wurst Road and Spring Lake Circle intersection. In order to achieve the joint stormwater facility and new access point, a reciprocal easement between three parties is required. The first party to the agreement is the developer /property owner of the Family Dollar site. The second party is The Pantry, Inc. which owns the gas station /convenience store on the east side, and the City is the third party. Issue: Should the Honorable Mayor and City Commission approve a reciprocal easement agreement for the utilization of cross access easements and a joint use stormwater facility with the City of Ocoee participating as one of the three parties? Recommendations Staff recommends the Honorable Mayor and City Commission approve the Reciprocal Easement Agreement for the Mayor's signature. Attachments: Site Plan For Family Dollar showing Easement Locations Reciprocal Easement Agreement Financial Impact: None Type of Item: (please mark with an 'V) Public Hearing Ordinance First Reading _ Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A SITE INFORMATION ° [ss O , Stephens�Barrios 'ER r _ •� �� d ,� '_I li ass "R [x woos 111R.— GRAPHIC SCALE 11 R cmlc K � �FreL Rm pxOMFFO xT (xcRrx) s Er RE 3 w FRET T v G [E moxT (xDR) D Rr~R" ;oR ;B SH€ E u M SPA CES RRO�osEDAR NO 4 PK n SPA CES 5 R5ACE5 i _ B T eEF " OR�TOU O!c r 3 � SPACE y v 11's the Lawl D z ° CES FOR KANGAROO c PARKING 1 -800- T° O .j • %1 432 -4770 G ncn EASEMENT DESCRIPTIONS v T DLL Y ASEMENT A CROSS AC ES EASEMENT GRANTED AR TO THE C OF DCOEE r A PROPER TO THE EA v ST (.0 THE ANO PP.NiRY '•' ` yjr \ K ANGAROO CONVEN ONCE STORE) / - GO i x \ \ FAMILY DOLLAR CRO SS Ac \ E - -P ANTRY TO THE c B C CET EASEMENT GRANTED , P. ! $ (70' x 120') I — y/ // e Br THE P of ocDEE AND a, _ ` 8,400 SF —i /� s, - .,•�)� v _ �GEn To m vesT (E FAMILY DOLL / T PROPERTY - — F.F.E. =157.5 'DA N '•d'o�o A DO GO : r _... ___ . - - - T I l ..•DAP - P , " . " EA S EMENT C � CROSS ACC ES EASEMENT GRANTED I U 1 , _.la. _. Y / -" S u" P \\ � BY tt THE C OF OCOEE TOFAMILY DOLLAR STORE / r LOADING ZONE \ \ / r::�G " j s / �EN�za�Ne E21NC. [[e. STORM �/ / • -- ` / - GRANTE BT FA.A LY DOLLAR - - / CROSS ACCE5 EASEMENT All / EASEMENT ATER 5 I I f \ i N' TO THE C � S EAS MENT E E� -� - -- - - EASEMENT E DRAINAGE EASE AREA GRANTED it BY THE DT, OF OCCEE TO FAMILY LY DOLLAR Eta A r 152 153 151 I� I I I 6 - - FA rM -xT F U tt EASEMENT AREA GRANTED BY O W _J DRY RETENTION FAMILY DOLLAR TO THE Ctt OF OCOEE FROPOSEO V— AND TREES TO BE ALLON£B %IPTH EASEMENT -- - POND EASEMEN - �ENT _ 9D,7DM =,59D � s I O ( � Ni r sDEWALN EASEMENT GRANTED BY — x FAMILY DOLLAR r0 THE CITY of o<oEE. - o w I � I W O DEVEL E OPER SHALL CONVEY THE DEPICT EAS O DMENTS 0 THE C OF OCOEE YnrH,N SXTT(G0) DA U APPROVAL OF TH STE PLAN N BUT NO EKNT LATER THAN ThE ISSUANCE OF THE NFRASTRUCTURE AND /OR RN. TS FOR THE SUBECT PROJECT aBILIA" _ SUB ECT PROJECT. DEVELOPER SHALL PROVIDE SKETCH AND LEGAL DESCRIPTIONS FOR 1HE DEPICTED EASEMENTS AT NO cOST r0 11TE CITY. EASEMENT AREAS ALL EASEMENTS MORE 1111 DESCR ON IE SKETCH ES OF DC EpSUBE T10N AND EASEMENT - r �SJ0i7 NblP9��LT cuMENrs F D Pr_¢1ss1 v - - • "' � 3 014 2013 -009 2 DD to Sheet `- DAVID 0. S H iELC ` P . E. R TO/313/2013 C4.2 THIS INSTRUMENT PREPARED BY AND RETURN TO: Seth E. Strickland, Esq. Counsel, Facilities and Supply Chain Family Dollar Stores, Inc. Mail to: P.O. Box 1017, Charlotte, NC 28201 -1017 Ship to: 10301 Monroe Road, Matthews, NC 28105 RECIPROCAL EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement ") is made effective as of the day of , 2014 by and between SB OCOEE FDS, LLC, a Florida limited liability company, whose address is 823 Irma Avenue, Orlando, Florida 32803 ( "First Party "), THE PANTRY, INC., a Delaware corporation, whose address is ( "Second Party ") and THE CITY OF OCOEE, FLORIDA, a Florida municipal corporation, whose address is ( "Third Party "). WHEREAS, First Party is the owner of a tract of real property located in the City of Ocoee, Orange County, Florida, more particularly described on Exhibit A attached hereto and incorporated by reference (the "First Party Tract "), and intends to develop the First Party Tract to be used for retail purposes; and WHEREAS, Second Party owns a tract of real property adjacent to and lyin next to the First Party Tract, also located in City of Ocoee, Orange County, Florida, more particularly described on Exhibit B attached hereto and incorporated herein by reference (the "Second Party Tract "), and has developed and /or operated the Second Party Tract for retail purposes; and WHEREAS, Third Party owns a tract of real property adjacent to and lying next to the First Party Tract, also located in The City of Ocoee, Orange County, Florida, more particularly described on Exhibit C attached hereto and incorporated herein by reference (the "Third Party Tract "), which Third Party Tract is vacant and undeveloped; and WHEREAS, First Party, Second Party and Third Party desire to grant to each other easements of access, ingress and egress, drainage, sidewalk and utilities for over and through their respective properties; and WHEREAS, First Party desires to construct a drainage pond and associated improvements in accordance with St. John's River Water Management District ERP Permit #IND- 095- 136099 -1 as the same may be modified (the "District Permit "), which permit is incorporated herein by reference as well as driveway improvements over a portion of the Third Party Tract and Third Party is willing to grant a construction 009405 13.2 1/31/2014 easement for the construction of the drainage ponds and associated improvements and driveway improvements; and WHEREAS, the parties desire to enter into other agreements regarding the use of their respective parcels; NOW, THEREFORE, in consideration of the above premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: Grant of Easements of Access, Ingress and Egress to Third Party (a) First Party hereby grants to Third Party, and its Permittees (as hereinafter defined), a perpetual, permanent, non- exclusive easement over and across the portion of the First Party Tract described and depicted on Exhibit D , attached hereto and incorporated herein by reference, which easement shall be for use by Third Party for vehicular access, ingress and egress (but not parking) on the Third Party Access Easement over First Party Tract (defined below) to and from the Third Party Tract and the right -of -way adjacent to the First Party Tract known as Wurst Road. Said easement shall hereinafter be referred to as the "Third Party Access Easement over First Party Tract ". In addition to rights of access, ingress and egress, the easement rights granted to Third Party pursuant to this paragraph 1(a) shall include the right to install underground and surface drainage improvements within the East 10 feet of the Third Party Access Easement over the First Party Tract, provided that Third Party repairs any damage or injury caused to the First Party Tract and restores it to its condition prior to such installation. (b) Second Party hereby grants to Third Party, and its Permittees (as hereinafter defined), a perpetual, permanent, non - exclusive easement over and across the portion of the Second Party Tract described and depicted on Exhibit E , attached hereto and incorporated herein by reference, which easement shall be for use by Third Party for vehicular access, ingress and egress (but not parking) on the Third Party Access Easement over Second Party Tract (defined below) to and from the Third Party Tract and right -of -way adjacent to the Second Party Tract known as Wurst Road. Said easement shall hereinafter be referred to as the "Third Party Access Easement over Second Party Tract ". (c) Each party hereby agrees to use and enjoy the easement rights granted by this instrument with due regard for the rights of the other parties to use and enjoy their parcel. Moreover, no party shall make any use of the easement rights granted hereunder in any manner which would impair or interfere with the use by the other parties of their parcel for their operations. 2. Grant of Easement of Access, Ingress and Egress and Drainage by Third Party 00940513.2 1/31/2014 2 (a) Third Party hereby grants to First Party, and its Permittees (as hereinafter defined), a perpetual, permanent, non - exclusive easement over and across the portion of the Third Party Tract described and depicted on Exhibit F , attached hereto and incorporated herein by reference, which easement shall be for use by First Party for vehicular access, ingress and egress on the First Party Access Easement (defined below). Said easement shall hereinafter be referred to as the "First Party Access Easement." (b) Third Party hereby grants to First Party, and its Permittees (as hereinafter defined), a perpetual, permanent, non - exclusive easement over and across the Third Party Tract, which easement shall be for use by First Party for drainage on the Third Party Tract. Said easement shall hereinafter be referred to as the "First Party Drainage Easement." 3. Grant of Construction Easement by Third Part y Third Party hereby grants to First Party a construction easement (the "Construction Easement ") on, over and across the Third Party Tract as may be reasonably necessary for installing and constructing a drainage pond and associated improvements (the "Drainage Pond ") and access improvements ("Access Improvements ") over the Third Party Tract. The location of the Drainage Pond and Access Improvements (collectively, "Third Party Tract Improvements ") is shown on the site plan (the "Site Plan ") set forth in Exhibit G attached hereto and incorporated by reference. The Construction Easement shall be a temporary easement, existing for a period of one (1) year (the "Construction Period ") beginning on the date (the "Commencement Date ") that First Party commences construction of the Third Party Tract Improvements. The Commencement Date shall be set forth in a written notice from First Party to Third Party given not less than ten (10) days prior to the Commencement Date. First Party shall obtain and pay for all permits, approvals and licenses necessary for the construction and use of the Third Party Tract Improvements. The Third Party Tract Improvements shall be constructed in accordance with all applicable laws, codes, ordinances and other requirements of governmental authorities having jurisdiction thereof. The Third Party Tract Improvements shall be constructed in a good and workmanlike manner and in accordance with the Site Plan. First Party shall pay all costs or expenses related to the construction of the Third Party Tract Improvements and shall not permit any lien to attach to the Third Party Tract or any part thereof. Once constructed, Third Party shall keep and maintain the Drainage Pond located on the Third Party Tract in good condition and repair in accordance with the conditions set forth in the District Permit and First Party shall keep and maintain the Access Improvements located on the First Party Access Easement in good condition and repair. The Construction Easement shall automatically terminate upon the expiration of the Construction Period; provided, however, in no event shall the Construction Period last more than two (2) years from the date of recordation of this Agreement. 4. Grant of Sidewalk Easement by First Party First Party hereby grants and creates for the benefit of Third Party and the use thereof by the public a perpetual, non- exclusive easement over and across the portion of the First Party Tract described and 00940513.2 1/31/2014 3 depicted in Exhibit ail attached hereto and incorporated herein by reference, which easement shall be for use by Third Party and the public for pedestrian access, ingress and egress on the Third Party Sidewalk Easement (defined below). Said easement shall hereinafter be referred to as the "Third Party Sidewalk Easement ". 5. Grant of Utility Easement by First Party First Party hereby grants and creates for the benefit of Third Party a perpetual, non - exclusive easement under and across that portion of the First Party Tract described and depicted on Exhibit 1 , attached hereto and incorporated herein by reference, which easement shall be for use by Third Party for the installation, maintenance, repair and replacement of water utility facilities necessary for the orderly development and operation of the First Party Tract; provided that (i) the rights granted pursuant to such easement shall at all times be exercised in such a manner as not to interfere materially with the normal operation of the First Party Tract and any business conducted therein, and (ii) except in an emergency, the right of Third Party to enter upon the First Party Tract for the exercise of any right pursuant to such easement shall be conditioned upon providing reasonably prior advance written notice to the First Party as to the time and manner of entry. All lines, systems and structures shall be installed and maintained below the ground level or surface of the First Party Tract (except for such parts thereof that cannot and are not intended to be placed below the surface, which shall be placed in such location as approved in writing by the First Party). Said easement shall hereinafter be referred to as the "Third Party Utility Easement ". 6. Covenants Running with the Land All easements granted by any party hereunder shall run with the land. Each party hereby warrants and covenants with the other parties that it has the right to convey such easements and that all easements are unencumbered except for easements affecting the Second Party Tract which are encumbered by a mortgage in favor of Wells Fargo Bank (the "Lender "). Without limiting the foregoing, it is hereby agreed that the rights, benefits, obligations and burdens hereunder shall bind and benefit, as the case may be, the parties hereto and their successors and assigns, but nothing contained herein shall limit or prevent either party from any sale, mortgage, lease or other encumbrance of its parcel, subject to the rights granted hereunder. 7. Condemnation Nothing in this Agreement shall be construed to give one party any interest in any award or payment made to the other party in connection with any exercise of eminent domain or transfer in lieu thereof affecting the other party's rights or giving the public or any government any rights. The parties may file collateral claims with the condemning authority for their losses that are separate and apart from the value of the land area and improvements taken. 8. Driveway Changes First Party and Second Party each reserve the right to from time to time change the driveways and other traffic improvements located within their respective parcels as long as (i) such change does not materially impair any other party's use of the easements herein granted and the accessibility afforded by such easements to adjoining rights -of -way, (ii) the party making such changes to its parcel provides at least thirty (30) days prior written notice to the other party describing such 009405 13.2 1/31/2014 4 changes in reasonable detail, and (iii) the party making such changes does not unreasonably interfere with business operations on the other party's parcel. 9. Indemnification Each party shall and does hereby, indemnify and hold the other party, its legal representatives, lessees, tenants, employees, successors and assigns (all of whom shall be collectively referred to as the "Indemnitees ") harmless of, from and against any and all loss, cost, expense, suits, judgments and liabilities for damages or injuries, of whatsoever kind, whether to persons or property, arising in any way by any reason of the use by the indemnifying party of the easements herein granted and/or any construction activities of First Party hereunder; provided, however, that said indemnity and hold harmless shall exclude any and all loss, cost, expense, suits, judgments and liabilities for damages or injuries, of whatsoever kind, whether to persons or property, caused by negligence of "Indemnitees," or any other person acting under their direction or contract with them, or other third parties. Nothing set forth in this Agreement shall be deemed or construed as a waiver of sovereign immunity by the Third Party and the Third Party shall have and maintain at all times and for all purposes any and all rights, immunities and protections available under controlling legal precedent and as provided under Section 768.28, Florida Statutes and other applicable law. This indemnification and hold harmless shall survive any termination of this Agreement. 10. Permittees As used herein, the term " Permittees" shall mean each party hereto, and their successors in title, and each of their respective tenants, employees, contractors, guests and invitees. (Signature/Notary pages attached) 00940 13.2 1/31/2014 S IN WITNESS THEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESSES AS TO FIRST PARTY Signed: Print me: Signed: Print Name: Signf Print Sip( Print STATE OF to OF COUNTY C FIRST PARTY: SB OCOEE FDS, LLC, a Florida limited liability company By. - Carlos A. Barrios, anager By: Christopher J. Stephens, Manager Dated: - I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Carlos A. Barrios, as Manager of SB OCOEE FDS, LLC, a Florida linute-d-liability company, freely and voluntarily under authority duly vested in him by said company. He /she is ersonall known - o me or has produced as identification. S my n al ffi�iV.�se l i jhefounty and State last aforesaid this 1_! — day offt 2014. 1 A . JULIA A. SHEPPERD Typ , printed or stamped na e o Notary Public Notary Public State of Florida . ` f s My Commission Expires I I a D I _ �� ' My Comm. Expires Feb 10, 2017 ies,FOF 4l �� Commission # EE 872978 �llll STATE OF `D(I COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Christopher J. Stephens, as Manager of SB OCOEE FDS, LLC, a Florida limited liability company freely and Voluntarily under authority duly vested in him by said company. He /she i kpersonally kno wn o me or has produced as identification. I S my al d a fic l � i�h tale County and State last aforesaid this1t_ day of 2014. 1/ l ` JULIA A. SHEPPERD yped, �o ista ped n� ne of No` - y Public =r• : "? Notary Public - State of Florida My Commission Expires:( �� . + My Comm. Expires Feb 10, 2017 Commission # EE 872978 00940313.2 1/31/201-1 6 WITNESSES AS TO SECOND PARTY: Signed: Print Name: S i c ned 9 46" B 11,r.�— Print Name: �SWQhhhJXA-- (q c .-4- L & STATE OF COUNTY OF SECOND PARTY: THE PANTRY, INC., a Delaware corporation By: Print Na ne: , l_ { � r s� G i A . L - o a, Title: Dated: J U y I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing Q . strument was acknowledged before me by 1 -1� , �►°1 ffil A, �: bm� r � the ! LA?� � Fs_�� r�� . \I , of THE PANTRY, INC., a Delaware corporation, freely and voluntarily under authority duly vested in him by said company. He /she is personally known to rne or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this 2T day of E Q. 014. ° °`, �5,ttltH HitW kNJ /J� Notary Public -1` y®Tggk Typed, printed or stamped name of Notary Public °® UBLtG My Commission Expires: / / lJ /IrtunN1N��� / 00940513.2 1/31/2014 WITNESSES AS TO SECOND THIRD 'ARTY: PARTY: Signed: Print Name: Signed: Print Name: Q TAI OF GCO , ,`;,: FLORIDA By: Print Name Title: Dated: ATTEST S. Scott Vandergrift Mayor By: Print Name: Beth Eikenberry Title: City Clerk (SEAL) 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 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally k sown to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in there by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of 20 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): 009405 13.2 1/31/2014 3 EXHIBIT A Legal Description of First Party Tract COMMENCE AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 22, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.00 °17'55 "W. ALONG THE WEST LINE OF THE SOUTHWEST/ 40F SAID SECTION 9, 1335.38 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST/40F THE SOUTHWEST 1 /40F SAID SECTION 9 AND THE POINT OF BEGINNING; THENCE CONTINUEN.00 °17'55 "W. ALONG SAID WEST LINE 355.30 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY FOR WURST ROAD; THENCE RUN S.63 0 08'08 "E ALONG SAID SOUTHERLY RIGHT -OF -WAY 183.30 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT -OF -WAY RIJN S.00 °20'08 "E., 272.52 FEET; THENCE RUN N.89 0 58'55 "W., 163.26 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 1.17 ACRES+ 00940 13.2 1/31/2014 EXHI ' B Legal Description of Second Party T ract PARCEL 294: THE EAST 400 FEET OF THAT PART OF THE NW 1 /4 OF THE SW 1 /4 OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING SOUTH AND WEST OF THE COUNTY ROAD AND NORTH OF ATLANTIC COAST LINE RAILROAD; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF THE NW 1 /4 OF THE SW' /4 OF SECTION �/4 OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTH 99DEG 35 MIN 47 SEC EAST ALONG THE SOUTH LINE OF THE AFORESAID NW 1 /4 OF SW' /4 A DISTANCE OF 163.26 FEET FOR THE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE RUN NORTH 00 DEG 03 MIN 00 SEC EAST PARALLEL WITH THE WEST LINE OF THE AFOREMENTIONED NW 1 /4 OF SW 1 /4 A DISTANCE OF 272.52 FEET TO THE SOUTH LINE OF THE COUNTY ROAD, THENCE RUN SOUTH 62 DEG 45 MIN 00 SEC EAST ALONG THE AFORESAID COUNTY ROAD A DISTANCE OF 449.73 FEET TO THE NORTHERLY RIGIIT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD (FORMERLY THE ATLANTIC COAST LINE RAILROAD), THENCE FROM A TANGENT BEARING OF SOUTH 64 DEG 15 MIN 09 SEC WEST RUN SOUTHWESTERLY ALONG THE AFOREMENTIONED NORTHERLY RIGHT OF WAY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEASTERLY HAVING A RADIUS OF 4,906.09 FEET THROUGH A CENTRAL ANGLE OF 01 DEG 47 MIN 00 SEC AND AN ARC OF 152.70 FEET TO A POINT ON THE SOUTH LINE OF THE AFOREMENTIONED NW 1 /40F SW 1 /4, THENCE FROM A TANGENT BEARING OF SOUTH 62 DEG 28 MIN 09 SEC WEST, LEAVE THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD AND RUN NORTH 89 DEG 35 MIN 47 SEC WEST ALONG THE SOUTH LINE OF THE AFORESAID NW1 /4 OF SW DISTANCE OF 263.58 FEET TO "THE POINT OF BEGINNING. ACCORDING TO SURVEY MADE BY DONALD BECK SURVEYING SERVICES DATED JUNE 3, 1987, NO. 87 -649 PER O.R.B. 4205, PG. 3583 00940 13.2 1/31/2014 f� l; "T'R f t C Third Panty "tract COMMENCE AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.00 0 17'55 "W. ALONG THE WEST LINE OF THE SOUTHWEST /4 OF SAID SECTION 9, 1103.62 FEET TO A POINT ON TIIE NORTHERLY RIGHT -OF -WAY FOR THE SEABOARD COAST LINE RAILROAD AND THE POINT OF BEGINNING; THENCE CONTINUE N.00 °17'55 "W., 231.65 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST/ 40F THE SOUTHWEST/ 40F SAID SECTION 9; THENCE RUN S.89 °58'55 "E. ALONG SOUTH LINE OF THE NORTHWEST' /4 OF THE SOUTHWEST'/4 OF SAID SECTION 9, 263.51 FEET TO A POINT ON THE SAID NORTHERLY RIGHT -OF -WAY LINE FOR THE SEABOARD COAST LINE RAILROAD SAID POINT LYING ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 4906.09 FEET, A CHORD BEARING OF S.62 "W, A CHORD DISTANCE OF 39.06 FEET, THENCE RUN SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 27'22" AN ARC DISTANCE OF 39.06 FEET TO THE END OF SAID CURVE; THENCE RUN S.61 0 23'25 "W. ALONG SAID NORTHERLY RIGHT -OF -WAY OF THE ATLANTIC COASTLINE RAILROAD, 445.45 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS L 13 ACRES± 00940513.2 1/31/2014 E)"'HiBiT D Third Party Access Easement 00940513.2 1/31/2014 _E:JE ATTIAE .0 Tll,'.E F %ER tF t:` = Fill TH, � A'I E _, EA' T. ll l T LD JTH THE "-11­' L R- Ti Y- E FL 1, THE E 'L', �. THE , ,E T Ll : F THE 1 :) TH E T t _F FEET _IHE Cr 1% (;HT !'F LV,E - R - �',E_T C T �'-E - - I K THE H T E � THE ll� OdTH TIIE _E cLIE',T. '; THE TH *;E T T OF �IIL FCTIC'� ��, 110 1 6 E. THE TH LINE OF TH 'Lr,% �. THE FEET T�. THE P'�IIJ :C `E ; 'X !. THE %( E 1,11' _E 'E 11 i 11' E (_F THE N � _El_Th_'l I - E-W THE ',. '.E L I )F % FEET: THE'<,..E :_t, � 2 FEET Ti_: I E LJI.E - F l,' ­F _ `_') THE _iz T THEV"E F:Y• 1 FMILY THEFLI R FEET, T ti � THI 1 T, -E-IIF( TlilT THI� YEEP� THE "I'dIA- ll:i_W,1..tL T T_ ,%, _F­ '4 A; - :ET F f THE Fl_ ' t. - f i FEET. 4 �H - -F I H,.-TD .J­!, FL, "I rA-E. FLI.,[ L _TsTLTE­ Pcl'JT G ��I.!IAE%I_EVE'll FEET, THE :E LEA%Ir,C; -'ID . ; THEI LY k�,iHT-GF-,l­'.( J%E R :. (11,E 1TV cF 1_'. 14 FEET; THD �CE I a FEET TJ THE F 'F E H I T I E F 1 -.5 FEET. THE 'K'E :.k - - - 1 l) H TH,'� E TE F L'f LC% G I) R E TH !'E%T ;%V-LE O F T_­'I` _F c FEET; THE —CE [ W' E 4 FEET THE' E ,h F FEET Li THEII',E 'J. FEEET; THENCE FEET THEr, C()`,6'32"E.. _ FEET TJ THE - 01'.T CF 00940513.2 1/31/2014 T LD JTH THE "-11­' L R- �EAL :'F A CA Ur El, E vEl'- i %'it) 1 F E .:. IHE _IE-L Pk�:-E� E�__�IPTI 'I 'H�&Tl HE. E.\ H I A C� �w OdTH TIIE _E cLIE',T. E 'C ' it? I C EIEI T_ 1 ',1 _LE I. � TnLL A H - "J- 11 - ' %I L LTE7 THER -t- _H:,)N', i 11' E (_F THE N � _El_Th_'l I - E-W THE ',. '.E L I )F % E I E LJI.E - F l,' ­F L N" _iz T FMILY 'T Lit E F I CIF Er TI THI 1 T, -E-IIF( TlilT THI� YEEP� THE "I'dIA- ll:i_W,1..tL T A; - :ET F f THE Fl_ ' t. - f i H,.-TD .J­!, FL, "I rA-E. FLI.,[ L _TsTLTE­ Pcl'JT G ��I.!IAE%I_EVE'll 00940513.2 1/31/2014 EXHIBIT E Third Party Access Easement over Second Party Tract 7 T��FLE t 'J'CT U -'ATH"T THE ' 4:,:) Cl,:A AL )lJ=" [,L , F , FU IA U, E'. E: TE 'FE4L fl' 110', SH-V, I" N Al • , lTH TT-E 'E5 n"-"4 P lW- J Lf T11E ;. E',T P. 'A ll.-'JLL,TlNa H—E F-M, HULf H T- Y FOhf- I ;£i hE'J ;'.'E, - C j F G ;7 E- EVENT CF T��FLE t 'J'CT U -'ATH"T THE ' 4:,:) Cl,:A AL )lJ=" [,L , F , FU IA U, E'. E: TE 'FE4L fl' 110', SH-V, I" N Al • , lTH TT-E 'E5 n"-"4 P lW- J Lf T11E ;. E',T P. 'A ll.-'JLL,TlNa H—E F-M, L Z Ti4fl - H:) — 4 IEN 4:.', A E ( ".E 'N IIIE nE,T U ;,f THE ':4 F `£ FOhf- I ;£i hE'J ;'.'E, - C j F G E -- - - - - - - - - - - - - - kC u M Uf'E C' VA /4 ,ie,T U c i I rF 'E',TV:' III I I T 1) E'. tEYE N T �E - - E T THE , A!TH E--T ' - I `­' -1 E� ' -F �, Tf,'�� 1' _C--TH' t�- '-,E E� T. �--E Cl,j Jy, FL= THE E L! I t, 7 AU ,2 THE -','P`T LIE - :F THE ;fAJH' ;T 'I "IF * �:: hl FEET P� THE SC �TH .',E uIl"i E - jF THE cF THE !4 GF ' rtJl) `:E', IV, ?: THEt;'.E THE ' -, LJH LIFE CF THE N S A C F THE l 4 - iG FEET, THP-CE - 11-Jll t. 179 In FEET T2- THE =FINT - ,F BE',11-`X ;, THE FE L -;lT1'J-lE Gs A. D4 FEET TG A INT +'' THE zlil THE Lf fl)R %V.- , :T ; TNEH::E E. :ALi --;t 1, ITHE L f f ) FEET TC , ' , 'I A LT D H ,-E C J'A E -- - �;,THEA' ,TE 1 Iv --> F 3,5 F EET, CH' ,; I. CF I --. 1 H FEET, THEI R D C, TH�OU, 4 CDX AL ;!Nf;LE - k I 1'-;TA%cE ,F • FEET, THE —E 11 3,40 FEET T:7 THE _ T F Ctt ,E (:!! v: E-::TE; AN H-T,G rF, :-� :10 FEET, Hr!A) ' ;E-' :�F ' E . A '- H �'j F D LI 1,IJ 1'-E F FEET, THEN E A.'. SCJTHE4 TH. A (,F-,T •',UE 'F Cil C-F 235C FEET THEv -fl MET TI: THE sT,1:: F CJ (C HA-;I'V- A GF 3.C',' FEET, CHC BEA.-� H" , ',"E . -' -.W- F;I`T�'J CF 11 FEET. THEN::E A -4) ' ,E 11 CE 'f" 15- ffff; ; THEN�:E FEET T:i THE uF UE."lkNING, T{ I S T; - . E I FY THLT - Mr, : , ErH aEFT-- T1E VVYLU TE:U4,4L - �T3ND--�. LT n, I LT TIE FL::, N CHArTER 5 - —17. FL:`l A-Al i ;2,D2,. FU s4'Tjrr�' t 'J'CT U -'ATH"T THE ' 4:,:) Cl,:A AL )lJ=" [,L , F , FU IA U, E'. E: TE 'FE4L fl' 110', SH-V, I" N Al • , lTH TT-E 'E5 n"-"4 P lW- J Lf T11E ;. E',T P. 'A ll.-'JLL,TlNa H—E F-M, L Z Ti4fl - H:) — 4 IEN 4:.', A E ( ".E 'N IIIE nE,T U ;,f THE ':4 F `£ FOhf- I ;£i hE'J ;'.'E, - T{ I S T; - . E I FY THLT - Mr, : , ErH aEFT-- T1E VVYLU TE:U4,4L - �T3ND--�. LT n, I LT TIE FL::, N CHArTER 5 - —17. FL:`l A-Al i ;2,D2,. FU s4'Tjrr�' ' 'i " F. D, I TP'! I E f� -� SCI -TT "S SURVEYING SEFiVICES, 1%" B' ? 41 ? H ,IEEE Ef? - 1 . . FL- 2l 00940513.2 1 /31 /2014 t ' 'i " F. D, I TP'! I E f� -� SCI -TT "S SURVEYING SEFiVICES, 1%" B' ? 41 ? H ,IEEE Ef? - 1 . . FL- 2l 00940513.2 1 /31 /2014 EXHIBiT F Third Party Access Easement -rPIT LlLE W ','4 _F UJ','VE T"LLE F I LFI, TH L' LJ (H l 1i FL , Wi _HD .T 1! 141 i� P 'RJ THE .E-L 'F IFU. LFEI,SEl THE `EL F 1', .1" 7HE _ - fl Ci H:%,E FEE'! L TE TH E I -k `:1 {o N% ­E E - N THL �E T Ll',E :F THE I - F , D T I I I — - P - U - FE -T THE ;' E�'�T, ECT11 �I! Tf P2 :JTH, 1 E " , r; T FLCF ` A.: THE'',_ E f_'J �L: 1; ; ME F Ll',F THE - I - _-ECTI J 5 FEET THE T i C F THE NC;:'. H,',ElT f F THE I "','j _ - *-U 9, THE'l'_E E THE _UJH U%E OF THE CF THE FEET TO ITIE I '_W.T ::F THF*%(.F_ r: _k 1 4 FEET, THE ItE Fiy, 1;." , 1' :J FEET: THE ! - E FEET M THE (:F IR%E G, L15 F FEET. IT 1; J'lTl-'JK E '; F FEET, THP �P. "41 k.[ THk:,:,l,H PST AL i;F 'A ANT�':t.E ',F I FEET; THEWE klj*. I,, E 42. FEET TO THE E I ', I\J 11, (__ % F F E E V. E -, T E T L [­%_I[J; _F FEET � 1 -HUP-) - 'E- - 1 11C CF d L E_ LHC - IST-111E __F FEET, TIIE'.:F G1 E TH - H E'j-­l_ rh: " LE ' �F E F FEET rHE FEET; THE .E "I'l N_ 44 : %6, FEET T) THE - 1'iT fF T� THIS T., ,C,IlFf M4T _Rll: VEIT_ ME "I'41A)v TEl_11',l I. _T *B - �F F J' TI , F �:�%l F, lF SET F'� THE FL': I` F � T: � "A F l*,.- � , �­TF 1 11_� L - -%T T: - El flr1 FIC"I A & FL ::E�],T_,tTFI 1. sF;- SCOTT'S SURVEYING SERVICES, INC. LB t'tl 7442 8 S. HWY. 17-92, SUITE 8—.'. DEBLRY, FLORIDA P I. (386) 658-7332 FA,', 658-7357 00940513.2 1/3 /2014 EXHIBIT G Site Plan 00940513.2 1/31/2014 i 1J EM OTC I I is a � I �M1.i EXHIBIT II S 63V8' 1X19—I � —PONT OF �/oxvl Q16 F� S � rS � S 28'3'1 LINE- I. PARCEL I ('( -00 020 1.175 ACRES SW CCI (-')F NVI !/,, OF S,,11�4 S,FC. 0 - 28 SOUTH LINE OF I'V0 1 SE C. S E 9 -22 -28 sEc noN 9-- 22 - 2f3 V S LIME CF SP. i1 D. ----- -- ----- POINI OF COMIMENCPAENIT c SY.' CORNER OF SEC. 9-22 -28 /oral y d,Y,r JcLy '%V5cf?; I3 -1) com.MENT.S FiFLI) 0A (r I ' 0Fl]CE Olk IF 'A DN RE I PIWPEIM' Dir-SUNIIJED AS -I)LL(V,";c'j CO CE AT THF `OUT AVESF COR"d FI? (F 28 2.2 MICE ORMWF COUNTY, P-ORIOA; TlIFNCF RUII AIJING, THE 'ASl 1-'ME OF - IHE SOUTHY. * S T Y 0' F S AID SECTION 9, 1335.35 FE=T TO THE SO(ITW`,V.(;T ('nRl 07 TI-1F NOIRTHV,�:ST cr' 'H-:[ SOUTIPIVEST / � OF �AID SECDUH 9; THE"('E cONTi�A-1 N.�)o ALONG SAID "IFST I NE 355.30 FFET TO A PONT ON THE SCUTHERLY RIGHT 0E--V,IAY LINE FOR VMiRST RAD; liFNlF I R U' - AD SOUTI ML N S.F3'O8'0,'3`, ALO-NG y LNE, 1.89 it El fo ,i! POINT 0= - NTINIJF ALONG ,Aq) r-CINININC; Cc %;OUlliERLY f LIN RUN S.63*08'08" 142.t6 [ELF; THENCE LEAVING SAID SCUTHERLY RIGHT -CF -WAY LNE RUN 5.26'03'12 "E., E., 3.18 FEET; fiiENG" FUN 1 , 2.60 FFFF; IIIF.' RW 3.44 FEE( FO THI PGINT 0 DEGININING. NOT �l 'AjT HCl jV THE SIGNAIURE AND ' R "SED A IE L (F A, f U(,ENSEL' SUR%E(OR ANU MFH .ERI 2. 111' "REAL f R I EliTY 0t FJPIICtI" Sli( J HEREON iS N ACC� tIVJCCE W,111 ll-'E LILSCR:PlICN PPo%IDLD 9Y IHE CL -ENT. 34 !Ic) !i' sr,ALL-' HA',IL L 10 41 - U ClII.FR - 11i"N SPQV'74. AI,E FASU :3N THE LEST I M VF I TAE .W 1/ CF Cr. S- AS N.CT17 E5`-. Fl4 Pf"MIt'S FECO'-' - CFR -TD f)- - LO- F R V'. L Y 7) C - LAR I }IS IS Y7 (FRi:Y THAT 11 Cr, SNETI P I 'll' MF DIN CL'A - -[Cl '[C.'L STNVRDS A LT �'CRTII E'IY THE FLOR POARD OF P9CiESS'CWL SJRbfYc APiD MAPPERS IN 5J-.17, FLC AOIAN:51 PURSUANT TO SECTION 472.C27, FLMiOA S`1A1 sr 'ucH �'P:SK -- -- • PRCrESSION/,L & 1.1,k7-FER [LCI',]L)A REfSTRAlIC14' p&IAPER 5807 SCO S SURVEYING SERVICES, 4? I LB 7 8 S. HVW. 17-92, SUIT G-A 0 EWRY, FLCRIDA :1. (383) 3A--7332 FAX 368-7337 INC. 1 27'37' ',.! 3.4 CZ 4, 4 00940513.2 1/31/2014 Q16 SW CCI (-')F NVI !/,, OF S,,11�4 S,FC. 0 - 28 SOUTH LINE OF I'V0 1 SE C. S E 9 -22 -28 sEc noN 9-- 22 - 2f3 V S LIME CF SP. i1 D. ----- -- ----- POINI OF COMIMENCPAENIT c SY.' CORNER OF SEC. 9-22 -28 /oral y d,Y,r JcLy '%V5cf?; I3 -1) com.MENT.S FiFLI) 0A (r I ' 0Fl]CE Olk IF 'A DN RE I PIWPEIM' Dir-SUNIIJED AS -I)LL(V,";c'j CO CE AT THF `OUT AVESF COR"d FI? (F 28 2.2 MICE ORMWF COUNTY, P-ORIOA; TlIFNCF RUII AIJING, THE 'ASl 1-'ME OF - IHE SOUTHY. * S T Y 0' F S AID SECTION 9, 1335.35 FE=T TO THE SO(ITW`,V.(;T ('nRl 07 TI-1F NOIRTHV,�:ST cr' 'H-:[ SOUTIPIVEST / � OF �AID SECDUH 9; THE"('E cONTi�A-1 N.�)o ALONG SAID "IFST I NE 355.30 FFET TO A PONT ON THE SCUTHERLY RIGHT 0E--V,IAY LINE FOR VMiRST RAD; liFNlF I R U' - AD SOUTI ML N S.F3'O8'0,'3`, ALO-NG y LNE, 1.89 it El fo ,i! POINT 0= - NTINIJF ALONG ,Aq) r-CINININC; Cc %;OUlliERLY f LIN RUN S.63*08'08" 142.t6 [ELF; THENCE LEAVING SAID SCUTHERLY RIGHT -CF -WAY LNE RUN 5.26'03'12 "E., E., 3.18 FEET; fiiENG" FUN 1 , 2.60 FFFF; IIIF.' RW 3.44 FEE( FO THI PGINT 0 DEGININING. 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WJY. 17-92, SUII'E B—A DM•RY FLORIDA FH. (363) FM 368-7337 0 ti MCI