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HomeMy WebLinkAboutItem #03 Approval of the Casa Mirella Replat and the Second Amendment to Declaration of Covenants, Restrictions and Easements for Casa Mirella ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 3, 2016 Item # �..3 Reviewed By: /� Contact Name: David A. Wheeler, P.E. Department Director: , 0 Contact Number: (407) 905-3100, ext. 1504 City Manager: /I Subject: Second Amendment to Declaration of Covenants, Restrictions, and Easements for Casa Mirella and the Replat of Casa Mirella Approval District 3 (Commissioner Richard Firstner) Background Summary: The plat for the Casa Mirella development was originally approved at the September 16, 2008, City Commission meeting. Casa Mirella is a 22.81 acre mixed-use commercial and multi-family residential development located at the southwest corner of Maguire and Roberson Roads. The development is comprised of a 1.17 acre commercial tract and 21.64 acres for the multi-family residential tract. This replat of the Casa Mirella development is being required to terminate Blanket Easements for stormwater and sanitary sewer systems and create Perpetual Easements for the final construction of the stormwater collection and treatment ponds and the final construction of the sanitary sewer collection system. The Second Amendment to Declaration of Covenants, Restrictions, and Easements for Casa Mirella resolves the termination and creation of the easements. The replat of the development is required as a condition of the Second Amendment to Declaration of Easements (Belmere PD). Belmere PD is the master development of which Casa Mirella is a portion. The requirement of the replat is to terminate a previously recorded MRLLC Temporary Sanitary Sewer Easement and to amend the MRLLC Stormwater Drainage Easement which were created with the Belmere PD. Issue: Should the City approve the Second Amendment to Declaration of Covenants, Restrictions, and Easements for Casa Mirella and the replat of Casa Mirella? Recommendations The Planning and Engineering Departments recommend the approval of the Second Amendment to Declaration of Covenants, Restrictions, and Easements for Casa Mirella and the replat of Casa Mirella by the City Commission and to authorize the Mayor and City Clerk to sign the Second Amendment and the replat. Attachments: 1) Second Amendment to Declaration of Covenants, Restrictions, and Easements for Casa Mirella 2) Replat of Casa Mirella Financial Impact: There is no financial impact to the City. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading XX Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction XX 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 0 N/A 2 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: SHUTTS&BOWEN LLP ATTN:DANIEL T.O'KEEFE,ESQ. 300 S.ORANGE AVE. SUITE 1000 ORLANDO,FL 32801 Property Appraisers Parcel Identification Numbers: 31-22-28-1204-01-000 31-22-28-1204-02-000 31-22-28-1204-03-000 SPACE ABOVE THIS LINE FOR RECORDING DATA SECOND AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR CASA MIRELLA THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR CASA MIRELLA (this "Second Amendment") is made this day of , 2016, (the "2A Effective Date") by and between RAIA FL SPE HACKETTSTOWN II, LLC, a Delaware limited liability company, RAIA FL SPE MONTVILLE, LLC, a Delaware limited liability company, RAIA FL SPE JSR II, LLC, a Delaware limited liability, RAIA FL SPE DOM II, LLC, a Delaware limited liability company, RAIA FL SPE ANIERO II, LLC, a Delaware limited liability company, RAIA FL SPE TROBIANO, LLC, a Delaware limited liability company, and RAIA FL SPE GROUP III, LLC, a Delaware limited liability company, (collectively, "Raia") whose address is 500 North Franklin Turnpike, Ramsey, New Jersey, 07446, and PRIMUS VITAE, LLC, a Florida limited liability company, ("Primus") whose address is 2880 Beaver Ridge Loop, Clermont, Florida, 34711. RECITALS A. Maguire Roberson, LLC, a Florida limited liability company, ("Maguire") executed that certain "Declaration of Covenants, Restrictions and Easements for Casa Mirella" recorded on October 17, 2008, in Official Records Book 9775, Page 8823, of the Public Records of Orange County, Florida(the "Original Declaration"). B. Maguire and Primus thereafter executed that certain "First Amendment to Declaration of Covenants, Restrictions and Easements for Casa Mirella" recorded on November 25, 2009, in Official Records Book 9968, Page 1708, of the Public Records of Orange County, Florida, (the "First Amendment") pursuant to which Maguire and Primus made certain amendments to the Original Declaration. C. Raia is presently the owner in fee simple of those certain parcels of real property Second Amendment Page 1 ORLDOCS 14062169 2 located in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Maguire Property"). D. Primus is presently the owner in fee simple of that certain parcel of real property located in Orange County, Florida, as more particularly described in Exhibit`B"attached hereto and incorporated herein by this reference (the "Primus Property"). E. The Maguire Property and the Primus Property, collectively, constitute all of the Property, said Property being the entirety of the lands encumbered by the Original Declaration, as amended by the First Amendment (collectively, the "Amended Declaration"). F. Raia and Primus have agreed to amend the Amended Declaration as more particularly set forth in this Second Amendment. NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00), the mutual covenants set forth herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Raia and Primus hereby agree as follows: AGREEMENTS 1. Recitals; Defined Terms. The recitals set forth above are true and correct and are incorporated herein by this reference. Defined terms used herein, but not defined herein, shall have the meaning given to such terms by the Amended Declaration. 2. Termination of Blanket Drainage Easement. Raia and Primus hereby terminate the Blanket Drainage Easement (as defined in the First Amendment) and acknowledge and agree that Section 5 of the First Amendment is hereby stricken in its entirety. 3. Termination of Blanket Sewer Easement. Raia and Primus hereby terminate the Blanket Sewer Easement (as defined in the First Amendment) and acknowledge and agree that Section 8 of the First Amendment is hereby stricken in its entirety. 4. Creation of Perpetual Drainage Easement. In accordance with Section 6 of the First Amendment, Raia and Primus hereby acknowledge and agree that commencing on the 2A Effective Date, subject to all other terms and provisions of the Amended Declaration, there shall be and is hereby created over, under, on, upon, through, and across that certain portion the Maguire Property as more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference (the "Perpetual Drainage Easement Area") a permanent, non-exclusive easement in favor of Lot 2 and Lot 3 for the construction, operation, repair, and maintenance of stormwater drainage pipes and other related facilities and appurtenances. For avoidance of doubt, the easement granted herein is one and the same as the Perpetual Drainage Easement (as defined in the First Amendment). 5. Creation of Perpetual Sewer Easement. In accordance with Section 9 of the First Amendment, Raia and Primus hereby acknowledge and agree that commencing on the 2A Effective Date, subject to all other terms and provisions of the Amended Declaration, there shall be and is hereby created over, under, on, upon, through, and across that certain portion the Second Amendment Page 2 ORLDOCS 14062169 2 Maguire Property as more particularly described in Exhibit "D" attached hereto and incorporated herein by this reference (the "Perpetual Sewer Easement Area") a permanent, non-exclusive easement in favor of Lot 2 and Lot 3 for the construction, operation, repair, and maintenance of sewer pipes and other related facilities and appurtenances. For avoidance of doubt, the easement granted herein is one and the same as the Perpetual Sewer Easement (as defined in the First Amendment). 6. Ratification. Except as modified by this Second Amendment, all other terms and provisions of the Amended Declaration are hereby ratified and confirmed and shall remain in full force and effect. [signature pages and exhibits follow] Second Amendment Page 3 ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "RAIA" Signed, sealed, and delivered RAIA FL SPE HACKETTSTOWN II,LLC, in the presence of: a Delaware limited liability company By: Raia Properties Corporation, a New Jersey corporation, its Manager By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of Raia Properties Corporation, a New Jersey corporation, the Manager of RAIA FL SPE HACKETTSTOWN II, LLC, a Delaware limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "RATA" Signed, sealed, and delivered RAIA FL SPE MONTVILLE,LLC, in the presence of: a Delaware limited liability company By: Raia Properties Corporation, a New Jersey corporation, its Manager By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by , as of Raia Properties Corporation, a New Jersey corporation, the Manager of RAIA FL SPE MONTVILLE, LLC, a Delaware limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "RATA" Signed, sealed, and delivered RAIA FL SPE JSR II,LLC, in the presence of: a Delaware limited liability By: Raia Properties Corporation, a New Jersey corporation, its Manager By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of Raia Properties Corporation, a New Jersey corporation, the Manager of RAIA FL SPE JSR II, LLC, a Delaware limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "RAIA" Signed, sealed, and delivered RAIA FL SPE DOM II, LLC, in the presence of: a Delaware limited liability company By: Raia Properties Corporation, a New Jersey corporation, its Manager By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by , as of Raia Properties Corporation, a New Jersey corporation, the Manager of RAIA FL SPE DOM II, LLC, a Delaware limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "RAW Signed, sealed, and delivered RAIA FL SPE ANIERO II,LLC, in the presence of: a Delaware limited liability company By: Raia Properties Corporation, a New Jersey corporation, its Manager By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of Raia Properties Corporation, a New Jersey corporation, the Manager of RAIA FL SPE ANIERO II, LLC, a Delaware limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "RAIA" Signed, sealed, and delivered RAIA FL SPE TROBIANO,LLC, in the presence of: a Delaware limited liability company By: Raia Properties Corporation, a New Jersey corporation, its Manager By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of Raia Properties Corporation, a New Jersey corporation, the Manager of RAIA FL SPE TROBIANO, LLC, a Delaware limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "RATA" Signed, sealed, and delivered RAIA FL SPE GROUP III,LLC, in the presence of: a Delaware limited liability company By: Raia Asset Management, LLC, a New Jersey limited liability company, its Manager By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of Raia Asset Management, LLC, a New Jersey limited liability company, the Manager of RAIA FL SPE GROUP III, LLC, a Delaware limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 IN WITNESS WHEREOF, Raia and Primus have caused this Second Amendment to be duly executed as of the date and year first written above. "PRIMUS" Signed, sealed, and delivered PRIMUS VITAE,LLC, in the presence of: a Florida limited liability company By: Print Name: Print Name: Title: Print Name: Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of PRIMUS VITAE, LLC, a Florida limited liability company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Signature Page ORLDOCS 14062169 2 JOINDER AND CONSENT OF LENDER THIS JOINDER AND CONSENT OF LENDER (this "Joinder") is made and entered into this day of , 2016, by BANKUNITED, N.A., a national banking association ("Lender"), who is the owner and holder of: (i) that certain "Mortgage and Security Agreement" recorded on November 3, 2015, in Official Records Book 11007, Page 4248, of the Public Records of Orange County, Florida; (ii) that certain "Assignment of Leases, Rents and Profits" recorded on November 3, 2015, in Official Records Book 11007, Page 4273, of the Public Records of Orange County, Florida; and (iii) that certain UCC-1 Financing Statement recorded on November 3, 2015, in Official Records Book 11007, Page 4279, of the Public Records of Orange County, Florida; (collectively, the "Mortgage") which Mortgage encumbers the Primus Property as defined in the foregoing "Second Amendment to Declaration of Covenants, Restrictions and Easements for Casa Mirella" (the "Second Amendment") to which this Joinder is attached. Lender, as the owner and holder of the Mortgage, hereby joins in and consents to the foregoing Second Amendment to which this Joinder is attached and agrees that the Mortgage shall be subject and subordinate to same. In the event of foreclosure of the Mortgage (whether judicially, by exercise of private power of sale, or otherwise) or in the event Lender or its successor takes title to the property encumbered by the Mortgage by way of deed in lieu of foreclosure, the Second Amendment and the rights, privileges, and easements of the parties thereto shall not be disturbed or impaired. Nothing herein contained shall be deemed or construed to effectuate any subordination of the Mortgage or the rights of Lender thereunder to any matters other than the Second Amendment or to affect the priority of the lien created by the Mortgage in any respect relative to any other matters placed of record subsequent to the execution and recordation of the Mortgage. Lender makes no warranty or any representation of any kind or nature concerning the Second Amendment, or any of its terms or provisions, or the legal sufficiency thereof, and disavows any such warranty or representation, and does not assume and shall not be responsible for any of the obligations or liabilities of any party contained in the Second Amendment. None of the representations contained in the Second Amendment shall be deemed to have been made by Lender, nor shall they be construed to create any obligation on Lender to any person relying thereon. [signature page follows] Second Amendment Joinder of Lender ORLDOCS 14062169 2 IN WITNESS WHEREOF, Lender has caused this Joinder to be duly executed as of the date and year first written above. "LENDER" Signed, sealed, and delivered BANKUNITED,N.A., in the presence of: a national banking association By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of BANKUNITED, N.A., a national banking association, on behalf of the association. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Joinder of Lender ORLDOCS 14062169 2 JOINDER AND CONSENT OF LENDER THIS JOINDER AND CONSENT OF LENDER (this "Joinder") is made and entered into this day of , 2016, by NEW YORK LIFE INSURANCE COMPANY, a New York mutual insurance company_("Lender"), who is the owner and holder of: (i) that certain "Mortgage, Assignment of Leases and Rents and Security Agreement" recorded on August 4, 2015, in Book 10961, Page 8589, of the Public Records of Orange County, Florida; (ii) that certain "Assignment of Leases, Rents, Income and Cash Collateral" recorded on August 4, 2015, in Book 10961, Page 8658, of the Public Records of Orange County, Florida; and (iii) that certain UCC-1 Financing Statement recorded on August 4, 2015, in Book 10961, Page 8672, of the Public Records of Orange County, Florida; (collectively, the "Mortgage") which Mortgage encumbers the Maguire Property as defined in the foregoing "Second Amendment to Declaration of Covenants, Restrictions and Easements for Casa Mirella" (the "Second Amendment") to which this Joinder is attached. Lender, as the owner and holder of the Mortgage, hereby joins in and consents to the foregoing Second Amendment to which this Joinder is attached and agrees that the Mortgage shall be subject and subordinate to same. In the event of foreclosure of the Mortgage (whether judicially, by exercise of private power of sale, or otherwise) or in the event Lender or its successor takes title to the property encumbered by the Mortgage by way of deed in lieu of foreclosure, the Second Amendment and the rights, privileges, and easements of the parties thereto shall not be disturbed or impaired. Nothing herein contained shall be deemed or construed to effectuate any subordination of the Mortgage or the rights of Lender thereunder to any matters other than the Second Amendment or to affect the priority of the lien created by the Mortgage in any respect relative to any other matters placed of record subsequent to the execution and recordation of the Mortgage. Lender makes no warranty or any representation of any kind or nature concerning the Second Amendment, or any of its terms or provisions, or the legal sufficiency thereof, and disavows any such warranty or representation, and does not assume and shall not be responsible for any of the obligations or liabilities of any party contained in the Second Amendment. None of the representations contained in the Second Amendment shall be deemed to have been made by Lender, nor shall they be construed to create any obligation on Lender to any person relying thereon. [signature page follows] Second Amendment Joinder of Lender ORLDOCS 14062169 2 IN WITNESS WHEREOF, Lender has caused this Joinder to be duly executed as of the date and year first written above. "LENDER" Signed, sealed, and delivered NEW YORK LIFE INSURANCE in the presence of: COMPANY, a New York mutual insurance company By: Print Name: Print Name: Title: Print Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of NEW YORK LIFE INSURANCE COMPANY, a New York mutual insurance company, on behalf of the company. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Joinder of Lender ORLDOCS 14062169 2 JOINDER AND CONSENT OF CITY THIS JOINDER AND CONSENT OF CITY (this "Joinder") is made and entered into this day of , 2016, by CITY OF OCOEE, FLORIDA, a Florida municipal corporation, ("City") to evidence the joinder and consent of the City to the execution and recording of the foregoing "Second Amendment to Declaration of Covenants, Restrictions and Easements for Casa Mirella" (the "Second Amendment") to which this Joinder is attached, which joinder and consent is being given pursuant to Section 24(c) of the Original Declaration (as defined in the Second Amendment) and pursuant to Sections 6 and 9 of the First Amendment (as defined in the Second Amendment). [signature page follows] Second Amendment Joinder of City ORLDOCS 14062169 2 IN WITNESS WHEREOF, City has caused this Joinder to be duly executed as of the date and year first written above. "CITY" Signed, sealed, and delivered CITY OF OCOEE, FLORIDA, in the presence of: a Florida municipal corporation By: Print Name: Print Name: Title: Print Name: Date: Attest: Print Name: Title: City Clerk Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of CITY OF OCOEE, FLORIDA, a Florida municipal corporation, on behalf of the City. S/he is personally known to me OR has produced as identification and did/did not take an oath. [AFFIX NOTARY SEAL] Notary Public Print Name My Commission Expires: Second Amendment Joinder of City ORLDOCS 14062169 2 EXHIBIT"A" Legal Description of the Maguire Property Lots 1 and 3, CASA MIRELLA, according to the plat thereof, as recorded in Plat Book 72, Page 124, of the Public Records, of Orange County, Florida. Orange County Property Appraiser's Parcel Identification Numbers: 31-22-28-1204-01-000 31-22-28-1204-03-000 Second Amendment Exhibits ORLDOCS 14062169 2 EXHIBIT`B" Legal Description of the Primus Property Lot 2, CASA MIRELLA, according to the plat thereof, as recorded in Plat Book 72, Page 124, of the Public Records, of Orange County, Florida. Orange County Property Appraiser's Parcel Identification Numbers: 31-22-28-1204-02-000 Second Amendment Exhibits ORLDOCS 14062169 2 EXHIBIT"C" Legal Description of the Perpetual Drainage Easement Area (see attached one (1) legal and sketch of description totaling three (3)pages) Second Amendment Exhibits ORLDOCS 14062169 2 SKETCH OF DESCRIPTION DESCRIPTION: That part of Lots 1 and 3, CASA MIRELLA, according to the plat thereof as recorded in Plat Book 72, Pages 124 through 126, of the Public Records of Orange County, Florida, described as follows: BEGIN at the Southeast corner of said Lot 1 and the beginning of a curve concave Northerly having a radius of 1380.62 feet and a chord bearing of S8916'18"W; thence Westerly along the South line of sold Lot 1 and arc of said curve through a central angle of 00'56'18" for a distance of 22.61 feet to a non-tangent line; thence NOO15'33"W, 65.14 feet; thence N89'01'51"W, 48.92 feet; thence NO7'54'O6"W, 202.70 feet; thence N09'55'26"W, 96.34 feet; thence S89'44'09"W, 154.70 feet; thence N71'47'10"W, 12.79 feet to a point on o non-tangent curve concave Northwesterly having a radius of 53.00 feet and a chord bearing of 553'47'24"W; thence Southwesterly along the arc of said curve through a central angle of 42'33'09" for a distance of 39.36 feet to the point of tangency, thence S75'03'58"W, 45.24 feet to the point of curvature of a curve concave Northeasterly having a radius of 38.00 feet and a chord bearing of N47'50'51"W; thence Northwesterly along the arc of said curve through a central angle of 11410'22" for a distance of 75.72 feet to the point of tangency, thence N0914'20"E, 27.95 feet to the point of curvature of a curve concave Westerly having a radius of 24.00 feet and a chard bearing of N17'02'07"W; thence Northerly along the arc of said curve through a central angle of 52'32'54" for a distance of 22.01 feet to the point of compound curvature of a curve concave Southwesterly having a radius of 102.72 feet and a chord bearing of N67'06'0O"W; thence Northwesterly along the arc of said curve through a central angle of 47'34'51" for a distance of 85.30 feet to the point of compound curvature of a curve concave Southeasterly having a radius of 24.00 feet and a chord bearing of 561'32'56"W; thence Southwesterly along the arc of said curve through a central angle of 55'07'17" for a distance of 23.09 feet to the point of tangency, thence S33'59'17"W, 31.03 feet to the paint of curvature of a curve concave Northerly having a radius of 38.00 feet and a chord bearing of S8611'03"W; thence Westerly along the arc of said curve through a central angle of 104'23'31" for a distance of 69.24 feet to the point of tangency, thence N41'37'11`W, 98.57 feet to the point of curvature of a curve concave Easterly having a radius of 38.00 feet and a chord bearing of N17'30'10`E; thence Northerly along the arc of said curve through a central angle of 11814'42" for a distance of 78.42 feet to the point of tangency, thence N76'37'31"E, 13.25 feet to the point of curvature of a curve concave Northwesterly having a radius of 24.00 feet and a chord bearing of N53'08'25"E; thence Northeasterly along the arc of said curve through a central angle of 46'58'11" for a distance of 19.67 feet to the point of compound curvature of o curve concave Westerly having a radius of 102.72 feet and a chord bearing of N10'36'07"W; thence Northerly along the arc of said curve through a central angle of 80'30'54" for a distance of 144.34 feet to the point of reverse curvature of a curve concave Easterly having a radius of 21.00 feet and a chord bearing of N09'23'17"W; thence Northerly along the arc of said curve through a central angle of 82'56'35" for a distance of 30.40 feet to the point of tangency, thence N32'05'01"E, 126.59 feet; thence N55'44'53"W, 46.00 feet; N6773'12"W, 160.14 feet; thence N17'33'27"E, 119.40 feet; thence NO6'37'35"W, 359.35 feet; thence N89'43'08"E, 71.97 feet; thence N30'21'42"E, 54,07 feet to the North line of said Lot 1; thence N8926'50"E along said North line 23.31 feet; thence departing said North line, S30'31'42"W, 55.10 feet; thence 587'38'23"E, 68.73 feet to the boundary of said Lot 1; thence 50015'51"E along said boundary, 20.02 feet; thence departing said boundary, N8718'23"W, 86.06 feet; thence S89'43'08"W, 55.10 feet; thence SO6'37'35"E, 341.29 feet; thence S17'33'27"W, 105.37 feet; thence 567'23'12"E, 143.86 feet; thence S55'44'53"E, 36.31 feet to a point on a non-tangent curve concave Southeasterly having a radius of 38.00 feet and a chord bearing of N6412'587; thence Northeasterly along the arc of said curve through a central angle of 6513'27" for a distance of 43.26 feet to the paint of tangency, thence 583'10'20"E, 34.56 feet to the point of curvature of a curve concave Southerly having a radius of 100.00 feet and a chord bearing of 577'58'54"E; thence Easterly along the arc of said curve through a central angle of 10'22'53" for a distance of 18.12 feet to the point of tangency, thence S72'47'27"E, 7.74 feet to the point of curvature of a curve concave Southwesterly having a radius of 27.08 feet and a chord bearing of 538'O6'51`E; thence Southeasterly along the arc of said curve through a central angle of 69'21'11" for a distance of 32.78 feet to a non-tangent line; thence S48'10'29"W, 54.28 feet; thence S41'49'31"E, 28.17 feet; thence S4810'29"W, 26.91 feet; thence 541'49'31"E, 88.95 feet; thence N4810'29"E, 26.86 feet; thence 541'49'31"E, 15.87 feet; thence N44'26'16"E, 106.29 feet; thence N10'03'37"W, 137.71 feet; thence NO1'24'01"W, 227.15 feet; thence N8917'177, 23.20 feet; thence NO6'34'43"W, 31.85 feet to the aforesaid boundary of said Lot 1; thence N89'44'09"E, along said boundary, 20.12 feet; thence departing said boundary, SO6'34'437, 31.69 feet; thence N89'17'17"E, 14.60 feet to the aforesaid boundary of said Lot 1; thence S00'21'38"E along said boundary, 20.00 feet; thence departing said boundary, 58917'17"W, 37.54 feet; thence S01'24'01"E, 205.40 feet; thence S10'03'37"E, 140.35 feet; thence S44'26'16"W, 85.45 feet; thence S45'33'44`E, 43.73 feet; thence S27'23'15"E, 8.31 feet to the point of curvature of a curve concave Westerly having a radius of 53.00 feet and a chord bearing of 513'41'37"E; thence Southerly along the arc of sold curve through a central angle of 27'23'15" for a distance of 25.33 feet to the point of tangency, thence S00'00'00"W, 122.82 feet to the paint of curvature of a curve concave Easterly having a radius of 19.00 feet and a chord bearing of S2294'53"E; thence Southerly along the arc of said curve through a central angle of 44'29'46" for o distance of 14.76 feet to the point of tangency, thence S4429'46"E, 34.55 feet to the point of curvature of a curve concave Westerly having a radius of 53.00 feet and a chord bearing of S2214'53"E; thence Southerly along the arc of said curve through a central angle of 4429'46" for a distance of 41.16 feet to the point of tangency, thence S00'00'00"W, 62.10 feet to the point of curvature of a curve concave Westerly having a radius of 53.00 feet and a chord bearing of 505'21'42"W; thence Southerly along the arc of sold curve through a central angle of 10'43'24" for a distance of 9.92 feet to a point on a non-tangent line; thence 571'47'10"E, 8.34 feet to the Southwest corner of said Lot 3; thence N89'44'09"E along the South line of said Lot 3 and the boundary of said Lot 1 for a distance of 235.73 feet; thence departing said boundary, S0015'51"E, 300.18 feet; thence S89'31'48"E, 30.34 feet to the East line of said Lot 1; thence 50015'51"E along said East line, 81.31 feet to the POINT OF BEGINNING. Containing 3.857 acres (167,995 square feet) more or less and being subject to any rights-of-way, restrictions and easements of record. SEE SHEET 2 FOR SKETCH AND NOTES SEE SHEET 3 FOR LINE AND CURVE TABLE PREPARED FOR: -_ 06-15-15 KR REVISED GRAPHIC & DESCRIPTION UNICORP NATIONAL DEVELOPMENT, INC. 10-21-09 KR REVISED GRAPHIC & DESCRIPTION DATE BY DESCRIPTION CASA MIRELLA - DRAINAGE EASEMENT REVISIONS DONALD W. McINTOSH ASSOCIATES, INC, DOf •LD W. McINTOSH ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS 6/144/5 No.2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 Keith Ruddick CERTIFICATE OF AUTHORIZATION Na L868 ( ) Florida Registered Surveyor and Mapper Certificate No. 2617 DRAWN BY:BMW CHECKED BY: JIMMY JOB NO. SCALE SHEET 1 NOT VALID WITHOUT THE SIGNATURE AND THE DATE: 10/12/2009 DATE: 10/14/2009 27159.0633 N/A OF 3 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Printed: Mon 15-Jun-2015 - 04:27PM SL12707 CS#09-299 F:\Prof2007\27159\Sdwg\sod\FURIRE DRAINAGE EASEMENT REV 6-12-2015.dwg SKETCH OF DESCRIPTION RODERSON ROAD --- L19 �TRACTAA CASA MIRELLA TRACT I .T---- T -' ------ TRACT __-1 1L17�4 v� L21 F---- N LINE LOT 1 124 r L23 BOUNDARY OF LOT 1 I LOT.3 I LOT 58 LOT 2 I MAGUIRE SHOPPES II -----I CASA MIRELLA (PB 71, PG 54-56) O LOT 59 (PB 72, PG 124-126) N __ I) LOT 60�'O v TRACT A r» "� L42 `� (OPEN SPACE) �o ---, L vh LOT 61 L46 . 444 i w _ Ln S� 1 BOUNDARY OF LOT 1 ' w 4 LOT 62 w '>> LOT 1 I LOT 2 4 LOT fi3 CASA MIRELLA M * I MAGUIRE SHOPPES I! al fD ...1 40 co (PB 72, PG 124-126) '' I (PB 71, PG 54-56) J LOT 64/ . / LOT 65-"/ <?.> C1 1 ,o����/ <14 �8G�2PT29 nJ0 m q \\--_---------i-i ds, Nr a¢. ' ..1 LOT i �o�, %y (73 " .% CASA MIRELLA SURVEYOR'S NOTES: !�\\6.,/ �� e� (PB 72, PG 124-126) -1 _ THIS IS NOT A SURVEY. ? !o\; . y X55 �4 .g -J - BEARINGS BASED ON THE EAST LINE > e k OF LOT 1, CASA MIRELLA AS BEING \\ ,51,/ U Pic `fir S0015'51"E (PER PLAT) \� LOT 1 , 16 51 LOT i0� CASA MIRELLA X43 �6+ Pri 15 — THIS SKETCH OF DESCRIPTION DOES \ (PB 72, PG 124-126) n LOT 3 NOT DEPICT ANY EASEMENTS OF LOT 72\ o at CASA MIRELLA RECORD THAT MAY BE 1NTHIN OR �� "\ c" (PB 72, PG 124-126) ADJOINING THE LANDS DESCRIBED C. HEREON. LOT 73.N 1,1 rcc C16 SW CORNER \ _ Pr PC PC LOT 3 \ U C <iS v m LOT 74.1 PC Pc`1 S LINE OF LOT 3 LOT 75\ G6 PCC P7 �,a AND BOUNDARY' SA 71 �� Pr , I OF LOT 1 CNI'm - 1 PT PC ••• PC4 I N r LOT 76 1 c7 to Pc Cl; Pc I L56 i J Nr 55 37 ___i Pr NT NT PC Pr Z L5 O c N LOT 77I nV EP G <s a J N 1 LOT 1 `�.� CASA MIRELLA trb 1,,,- -� (PB 72, PG 124-126) 4 BE2 yfR Ror"'4r� M PQ 46,pg�CgcE. ...�` J E LINE OF LOT I s�s92 SO075'51"E L58 SEE SHEET 1 FOR DESCRIPTION — S LINE OF LOT 1 L2 co POB Lo SEE SHEET 3 FOR LINE AND CURVE TABLE — _ -- ✓ SE CORNER, LOT 1 CASA MIRELLA PREPARED FOR: NT Cl (PB 72, PG 124-126) UNI CORP NATIONAL DEVELOPMENT, INC. LEGEND: CASA MIRELLA - DRAINAGE EASEMENT Li - LINE NUMBER (SEE TABLE) C1 - CURVE NUMBER (SEE TABLE) FOC - POINT OF COMMENCEMENT DONALD W. MCINTOSH ASSOCIATES, INC. FOB _ POIN OOKEGINNING ENGINEERS PLANNERS SURVEYORS PG - PAGE 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4066 NT - NON TANGENT CERTIFICATE OF AUTHORIZATION NO. L868 PC - POINT OF CURVATURE 11 PT - POINT OF TANGENCY DRAWN BY:e%`w CHECKED' BY: JIMMY JOG NO. SCALE SHEET 2 FCC - POINT OF COMPOUND CURVATURE DATE: 10/12/2009 DATE: 10/14/2009 27159.0633 1"=200' OF 3 PRC - POINT OF REVERSE CURVATURE Printed: Mon 15-Jun-2015 - 04:27PM CS//09-299 F:\Proj2007\27159\Sdwg\sod\FUTURE DRAINAGE EASEMENT REV 6-12-2015.dwg SKETCH OF DESCRIPTION UNE TABLE UNE TABLE NUMBER BEARING DISTANCE NUMBER BEARING DISTANCE L1 N0015'33"W 65.14' L36 S41'49'31'E 15.87' L2 N89'01.51"W 48.92' L37 N4476'16'E 106.29' L3 N0T54'06"W 202.70' L38 N10'03'37"W 137.71' CURVE TABLE L4 N09'55'26'W 96.34' L39 N0174'01'W 227.15' NUMBER RADIUS DELTA LENGTH CHORD CHORD BEARING L5 889'44'09"W 154.70' L40 N8917'17"E 23.20' CI 1380.62' 0'56'18" 22.81' 22.61' 58918'18"W L6 N71'47'10"W 12.79' L41 N0614'43`W 31.85' C2 53.00' 42'33'09" 39.36' 38.46' 653•47'24"W L7 S7503'58'W 45.24' L42 N89'44'09"E 20.12' C3 38.00' 11410'22' 75.72' 63.80' N47'50'51'W L8 N091470"E 27.95' L43 506'34'43"E 31.69' C4 24.00' 5212'54' 22.01' 21.25' N17'02'07"W L9 633'59'17"W 31.03' L44 N8917'17'E 14.60' C5 102.72' 4734'51' 85.30' 82.87' N67'06'00'W L10 N41'37'11"W 98.57' L45 S0071'38"E 20.00' C6 24.00' 5507'17' 23.09' 22.21' S61'32'56"W L11 N7837'31"E 13.25' L46 S8917'17`W 37.54' C7 38.00' 10473'31' 69.24' 60.05' S8611'03"W L12 N32'05'01"E 126.59' L47 S0174'01'E 205.40' C8 38.00' 11814'42' 78.42' 65.23' N173010'E L13 N55'44'53"W 46.00' L48 S1 003'37"E 140.35' C9 24.00' 46'58'11• 19.67' 19.13' N53'0875'E 114 N6773'12"W 160.14' L49 54476'16"W 85.45' C10 102.72' 80'30'54" 144.34' 132.76' N1036'07'W 115 N1713'27'E 119.40' L50 54533'44"E 43.73' C11 21.00' 82'56'35" 30.40' 27.81' N097317"W 116 N06'37'35'W 359.35' L51 527'23'15'E 8.31' C12 38.00' 6513'27" 43.26' 40.96' N6412'56'E L17 N8943'08'E 71.97' L52 500'00'00"W 122.82' 013 100.00' 10'22'53' 18.12' 18.09' 577'58'54"E L18 N3021'42'E 54.07' L53 S4479'46'E 34.55' C14 27.08' 69'21'11" 32.78' 30.82' S38'06'51'E L19 N8926'50'E 23.31' L54 S0000'00"W 62.10' 015 53.00' 2723'15' 25.33' 25.09' 513'41'37"E L20 530'21'42"W 55.10' L55 571'47'10"E 8.34' C16 19.00' 44'29'46' 14.76' 14.39' S2214'53'E L21 587'38'23"E 68.73' L56 N89'44'09`E 235.73' C17 53.00' 44'29'46" 41.16' 40.13' S2214'53"E L22 S0015'51"E 20.02' L57 50015'51"E 300.18' 018 53.00' 10'43'24' 9.92' 9.90' 50571'42"W L23 N8T38'23'W 86.06' 1.58 58931'48"E 30.34' 124 589'43'08"W 55.10' L59 S0015'51'E 81.31' L25 50617'35"E 341.29' L26 5173377"W 105.37' 127 567'23'12"E 143.86' L28 555'44'53"E 36.31' L29 58310'20"E 34.56' L30 S72'47'27`E 7.74' L31 S4810'29"W 54.28' L32 S41'49'31"E 28.17' L33 S4131 0.29"W 26.91' L34 541'49'31"E 86.95' L35 N4810'29'E 26.86' PREPARED FOR: SEE SHEET 1 FOR DESCRIPTION SEE SHEET 2 FOR SKETCH AND NOTES UNICORP NATIONAL DEVELOPMENT, INC. CASA MIRELLA - DRAINAGE EASEMENT DONALD W. McINTOSH ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH. WINTER PARK, FLORIDA 32789 (407) 644-4068 CERTIFICATE OF AUTHORIZATION NO. LB68 DRAWN BY:BMW CHECKED BY: JIMMY JOB NO. SCALE SHEET 3 DATE:_10/12/2009 DATE: 10/14/2009 27159.0633 N/A OF 3 Printed: Mon 15-Jun-2015 - 04:28PM CS#09-299 F:\Proj2007\27159\Sdwg\sod\FUTURE DRAINAGE EASEMENT REV 6-72-2015.dwg EXHIBIT "D" Legal Description of the Perpetual Sewer Easement Area (see attached one (1) legal and sketch of description totaling two (2)pages) Second Amendment Exhibits ORLDOCS 14062169 2 SKETCH OF DESCRIPTION CASA MIRELLA - LOT 1 SEWER EASEMENT (revised 9/30/2015) DESCRIPTION: That part of Lot 1, CASA MIRELLA, according to the plat thereof as recorded in Plat Book 72, Pages 124 through 126, of the Public Records of Orange County, Florida, described as follows: COMMENCE at the Southwest corner of Lot 2 of said CASA MIRELLA; thence N89'44'09"E along the boundary of said Lot 1, for a distance of 245.28 feet to the POINT OF BEGINNING; thence continue N89'44'09"E, along said boundary, a distance of 20.01 feet; thence deporting said boundary, S01'55'42"E, 72.34 feet, thence S05'40'20"E, 26.96 feet; thence N88 02'28"E, 23.37 feet to the aforesaid boundary of said Lot 1; thence SOO'21'38"E along said boundary, 20.01 feet; thence departing sold boundary, S88'02'28"W, 26.50 feet; thence S28'48'04"W, 53.54 feet; thence S26'21'33"E, 210.50 feet; thence S7422'01"E, 119.67 feet; thence S89'50'10"W along the North line of Lot 3 of said CASA MIRELLA, 73.47 feet; thence departing said line, N74'22'01"W, 57.88 feet; thence N2621133"W, 218.63 feet thence N8814'19"W, 267.53 feet; thence S61'50'35"W, 64.09 feet; thence S00'32'14"W, 114.77 feet; thence S25'42'26"W, 274.51 feet; thence S07'29'59"E, 170.39 feet; thence S6513'24"W, 61.66 feet; thence S13'28'14"W, 149.58 feet; thence N72'38'51"W, 20.05 feet; thence N13'28'14"E, 157.93 feet; thence N6513'24"E, 56.63 feet thence N0729'59"W, 161.63 feet; thence N25'42'26"E, 276.00 feet; thence NOO'32'14"E, 122.16 feet thence N61'50'35"E, 81.29 feet; thence S8814'19"E, 272.74 feet; thence N28'48104"E, 55.22 feet thence N05'40'20"W, 33.88 feet; thence N01'55'42"W, 73.57 feet to the POINT OF BEGINNING. Containing 0.743 acres (32,384 square feet) more or less and being subject to any rights-of-way, restrictions and easements of record. PREPARED FOR: 9/30/15 KR REVISED EASEMENT AND DESCRIPTION UNICORP NATIONAL DEVELOPMENT, INC. 6/12/15 KR REVISED EASEMENT AND DESCRIPTION DATE BY DESCRIPTION CASA MIRELLA - SEWER EASEMENT REVISIONS I• ALD W. McINTOSH ASSOCIATES, INC. INFA I DONALD W. McINTOSH ASSOCIATES, INC. /17V 9 ����� ENGINEERS PLANNERS SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 Florida td Ruddick CERTIFICATE OF AUTHORIZATION NO. L865 C Re No. 2d Surveyor and Mapper Certificate No. 2617 DRAWN BY: W CHECKED BY:AMMY JOB NO. SCALE SHEET I NOT VALID WIHOUT THE SIGNATURE AND THE DATE: 10/12/2"' DATE: 10/14/2009 27159.0633 1"=200' or 2 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Printed: wed 30-Sep-2015 - 03:24PM SL12714 CS#)9-302 F:\Pro.12007\27159\Sdwg\aod\SEMER EASEMENT 2dwg SKETCH OF DESCRIPTION ROBERSON ROAD TRACT I _ x_ -- -1---- L,L__a I r---- — m I LOT 2 1 c:1" 1 IRELLA II 1 (PB CASA 72, PG M I 124-126) o LOT 38 N I MAGUIRE 3HOPPES U II --- , ,_- St OVER LOT 2 (� 71, PG 54-56) LOT 59 0 a CASA MIRELLA +- __,..1 A n (P8 72, PG 124-126) TRACT A a LOT 60 4 N8944'09"E L1 -i (OPEN SPACE) kg 4, LOT 61 245.28' t r -I g ---, BOUNDARY OF POB I L3 W LOT 62� LOT 1 L22 �t `to 4 LOT 2 a J MAf /IRE SHOPPES I1 co LOT 63 �" ^ I L6 (PB 71, PG 54-56) O J 9 L8 `� 1 X LOT 64// tt `LOT 657 / 0 BOUNDARY OF LOT 1 11 560.50'"E o i N2621'33"W ■■�_________J �' `) 218.63' S7472'01"E "1 LINE TABLE Hof • / 119.67' I NUMBER BEARING DISTANCE •\ 6 Lt N89.44'09'E 20.01' `0,,,, N7422'01"W r----J NORTH UNE L2 SO1'55'42E 72.34' nor`� / / v ^� 57.88' � OF LOT 3 13 •4o'2o"E 26.96' `` ��v v I X73 479"W L4 N88'02.26'E 23.37' LOT 70% LOT 1 L5 S00•21'36"E 20.01' CASA MIRELLA LOT 3 L6 S86'02'26'w 26.50' LOT 72 (PB 72, PG 124-126) CASA AMELLA �. (PB 72, PG 124-126) L7 S28'48'04"W 53.54' L8 N88'14'191V 267.53' LOT 73 3 N �� \ Ka 1 ` 19 S61•50'35'W 64.09' LOT 74.1 'a '■ L10 S00'32'14"W 114.77' m 1� l L11 525'42.26'W 274.51' ,c LOT 7s, 07 I L12 S0719'591 170.39' 1;II 0/ SURVEYOR'S NOTES: 1 L13 565'13'24.W 61.66' LOT 761 - THIS IS NOT A SURVEY. 1.- 114 S13 28'14'W 146.56' --w M 1.15 N72'3a31'W 20.05' To. 1 - BEARINGS BASED ON THE SOUTH UNE OF LOT 2, u U LOT 771 v L16 N13'28'14"E 157.03 CASA MIRELLA AS BEING N89 44 09 E (PER PLAT) Liz N6513'241 56.63' �` — THIS SKETCH OF DESCRIPTION DOES NOT DEPICT L16 N0729'Sf'W 161.63' per_ ANY EASEMENTS OF RECORD THAT MAY BE IWTHIN "{4 ,�//� \�` OR ADJOINING THE LANDS DESCRIBED HEREON. L19 N25'42'261 276.00' "�I/ �� L20 NO0'32'14E 122.16' 6�y4� .` PB-' 4F' `.. 1.21 N61'50'35'E 61.29' *4 Pe56� -',-`` 1.22 S68'14'16'E 272.74' 6�6� 1.23 N26'46'04"E 55.22' L24 N0540'20'W 33.88' SEE SHEET 1 FOR DESCRIPTION _- 1.25 Not a5'42'W 7357' PREPARED FOR: LEGEND:POC — POINT OF UNICORP NATIONAL DEVELOPMENT, INC. POB — POINT OF BEGINNING CASA MIRELLA — SEWER EASEMENT PT — POINT OF TANGENCY NT — NON TANGENT PT — POINT OF TANGENCY !MIDONALD W. McINTOSH ASSOCIATES, INC. PC — POINT OF CURVATURE ENGINEERS PLANNERS SURVEYORS PRC — POINT OF REVERSE CURVATURE 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 ORB — OFFICIAL RECORDS BOOK CERTIFICATE OF AUTHORIZATION NO. 1868 PB — PLAT BOOK PG — PAGE DRAWN BY:BMW CHECKED BY:.AM&U' JOB NO. SCALE SHEET 2 R/W — RIGHT—OF—WAY DATE: 10/12/2"• DATE: 10/14/2009 27159.0633 1"....200' OF 2 L1 — UNE NUMBER Printed: Wed 30-S.p-2015 - 03:24PM CS#09-302 F:\ProJ2007\27159\Sdwg\sod\SEVER EASEMENT 2.dwg PA IIit!i1II :! ! 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