HomeMy WebLinkAboutItem III (E) - Approval and Authorization to Execute Non-Exclusive Temporary Easement Agreement / Clarke Road Search Parcel Nos. 134 and 135 / Kenjen, Ltd AGENDA 4-16-91
?_. r Item III E
FOLEY & LARDNER
1 I I NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
y( FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
CHICAGO, ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee, Florida
FROM: Brian T. Lower, Es ` V
q. , Assistant City Attorney
DATE: April 2 , 1991
RE: Non-Exclusive Temporary Easement Agreement/
Clark Road Search Parcel Nos. 134 and
135/Kenjen, Ltd.
Enclosed please find a Non-Exclusive Temporary Easement
Agreement to be executed by the City of Ocoee in favor of Kenjen,
Ltd. , a Florida Limited Partnership. This Non-Exclusive Temporary
Easement Agreement is to be granted in connection with Kenjen,
Ltd. ' s conveyance of the Clark Road right-of-way referenced
above. This Non-Exclusive Temporary Easement Agreement is
intended to give Kenjen, Ltd. access to Kenjen' s property via
an easement over the Clark Road right-of-way which they have
conveyed to the City of Ocoee. This Easement will terminate
on the date the City commences construction of Clark Road from
A.D. Mims Road north to Clarcona Ocoee Road.
We recommend that the Honorable Mayor and City Commission
of the City of Ocoee, Florida approve this Non-Exclusive Temporary
Easement Agreement and authorize the Mayor and City Clerk to
execute the same.
/jh
Enclosure
•
cc: Mr. Jim Shira, City Engineer
Paul E. Rosenthal, Esq. , City Attorney
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT "" '
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this _ day of , 19_ by and
between the CITY OF OCOEE, a Florida municipal corporation, whose
address is 150 North Lakeshore Drive, Ocoee, Florida 34761 F;•
("hereinafter referred to as the "Grantor") and XENJEN, LTD., a
Florida limited partnership whose address is 713 NE 26th Avenue,
Ft. Lauderdale, Florida 32304-3613 (hereinafter referred to as r '--`
"Grantee") . ;' s
W I T N E S S E T H:
WHEREAS, Grantor is the owner of that certain real
property located in Orange County, Florida, as more particularly
described in Exhibit "A" attached hereto and incorporated herein
by reference ("Grantor's Property") ; and
WHEREAS, Grantee is the owner of that certain real
property located in Orange County, Florida, as more particularly
described in Exhibit "B" attached hereto and incorporated herein
by reference ("Grantee's Property") ; and
WHEREAS, Grantee has requested and Grantor has agreed to ' 9 ,,
grant and convey to Grantee, a non-exclusive temporary easement �'
over, upon and across the Grantor's Property for the specific and
limited purposes hereinafter set forth. t.
NOW, THEREFORE, in consideration of the mutual covenants, ;, •
promises, terms and conditions set forth herein, and for other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct,
and form a material part of this Agreement and are incorporated
•
herein by reference.
Section 2. Grantor hereby gives, grants, bargains,
sells and conveys to Grantee a non-exclusive temporary easement
over, upon and across the Grantor's property for the purposes
hereinafter stated (the "Easement") , all subject to the terms,
conditions and limitations set forth herein. s
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Section. Grantee's use of the Grantor's property s5a
shall be for the purposes of ingress and egress to and from
Grantee's Property by Grantee, its successors and assigns and `
Grantee's invitees and guests.
Section 4. This Easement is non-exclusive, and Grantor
reserves to itself, its successors, assigns, agents and designees,
the non-exclusive right to use, pass and repass over and upon
Grantor's Property. Each party shall use the rights granted and
reserved by this Easement Agreement with due regard to the
rights of the other party to use and enjoy the Grantor's
Property. %k•It'L
Section 5. The Easement shall terminate on the date the
Grantor or Grantor's designee commences construction of Clark
Road from A.D. Mims Road north to Clarcona-Ocoee Road. Upon '' 4
commencement of construction as aforesaid, Grantor shall give
written notice thereof to Grantee and record a notice of terminationf.
in the Public Records of Orange County, Florida. Said notice of
termination by Grantor shall be binding on all parties and shall
not require a joinder or consent by Grantee.
Section 6. Nothing contained in this Non-Exclusive
Temporary Easement Agreement shall be construed to obligate
Grantor to construct Clark Road or any improvements on Grantor's
Property.
Section 7. Grantee agrees to indemnify and hold harmless
the Grantor from and against any and all claims, actions, causes
of action, loss, damage, injury, liability, cost or expense,
including without limitation attorney's fees (whether incurred
before, during or after trial, or upon any appellate level) ,
arising from the Grantee's use of the Grantor's Property or from
the exercise by the Grantee of any rights granted by this Easement
Agreement.
Section 8. Concurrent with the design and construction '
of Clark Road by Grantor, Grantee may apply to Grantor for median
and curb cuts in connection with the use and/or development of
Grantee's Property. Grantor agrees to consider in good faith any
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request for median or curb cuts. Grantor's agreement to consider
in good faith requests for median and/or curb cuts does not however
entitle Grantee to the waiver of any applicable federal, state or
local laws, ordinances or regulations. It is the understanding
of the parties hereto that the design and construction of any r"
median may and/or curb cuts which
/ be approved by Grantor would be
at the sole cost and expense of Grantee.
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Section 9. Grantee agrees that its ingress and egress
over Grantor's Property shall not entitle Grantee to make any "{
improvements or to otherwise alter the condition of Grantor's
Property in any way without the express written consent of
Grantor.
Section 10. The Easement shall be binding upon and inure
to the benefit of the parties specified herein, the respective `
legal representatives, successors and assigns, and the benefits
and burdens hereof shall run with the Grantor's Property. r4,
Section 11. This Easement Agreement may be modified or
amended only upon the mutual written consent of Grantee and
Grantor, or the respective legal representatives, successors and •
assigns.
Section 12. This Easement Agreement constitutes the
entire agreement between the parties, and supersedes all previous
discussions, understandings and agreements, with respect to the •
subject matter hereof. ti
IN WITNESS WHEREOF, the parties hereto have subscribed
their names and have caused this Easement Agreement to be executed
as of the day and year first above written. ;,Y
Signed, sealed and delivered "GRANTOR"
in the presence of:
CITY OF OCOEE, a Florida
municipal corporation , Aro
By: .
LESTER DABBS, JR. , Mayor Kms`
Attest:
JEAN GRAFTON, City Clerk yrs
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"GRANTEE"
KENJEN .., a Florida
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limit' d par nership
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i / i,/i / DOU w•S H NGS, ,
'--11OPPv General .
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FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY ��
BY THE CITY OF OCOEE, APPROVED COMMISSION AT A MEETING HELD ON � 1
AS TO FORM AND LEGALITY THIS , 19_ UNDER AGENDA �s+!
2040 DAY OF A ORt I , 19/1 . ITEM NO.1 .•
FOLEY & LARDNER, DEN BERG, - ' •t
GAY, BURKE, WI O & ARKIN
. By: C3,.....71-- ,,. -!4
A City Attorne { ,
: :i. '1''i.
STATE OF I i o a 64
COUNTY OF -A ryv,,,a rrk
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid,
• to take acknowledgements, personally appeared DOUGLAS H. JENNINGS,
well known to me to the General Partner of KENJEN, LTD., a Florida
limited partnership and he attested before me that he executed i'l
., the foregoing instrument before two witnesses under authority _
duly vested in him for the uses and purposes therein expressed. s
WITNESS my hand and offi clal 7a1 in th ounty and State 'r' i
last aforesaid this 4'0, day of /�'�ee , $y� '
}
~
Np 1 ' t
(NOTARIAL SEAL) ./ '
My commission expires:
,:q.',
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP JULY 30,1993 td
BONDED THRU GENERAL 1115. UND. t`''
STATE OF FLORIDA , 1';.
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 LESTER DABBS, JR., ,
and JEAN GRAFTON, well known to me to be Mayor and City Clerk _''
respectively, of the City of Ocoee, a Florida municipal �}
corporation, and that they severally acknowledged executing the ,
same in the presence of two subscribing witnesses freely and p
voluntarily under authority vested in them by said municipality. @ " ,
WITNESS my hand and official seal in the County and t }"-0
State last aforesaid this day of , 19
iii ,...1141.
C.
!" ;a
Notary Public 1I(NOTARIAL SEAL) My commission expires:
FLOPPY/5182UU(3)
01(12/17/90) �'
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""" EXHIBIT "A" _ -
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LEGAL DESCRIPTION
RIGHT-OF-WAY PARCEL 134! 135
A STRIP OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 :AlING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
•
PORTION OF 1]5
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF ''`'
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
TIIEUCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19"
- -- _ WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE
• CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
• A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC
LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OP NORTH 20'51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OP CURVATURE OP A CURVE CONCAVE SOUTHEASTER-
. LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
49'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD LENGTH i
OF 1468.31 FEET AND A CHORD BEARING OF NORTH 22'47'15"
EAST TO THE POINT OP TANGENCY; THENCE RUN NORTH 45'2]']9" -
EAST, 300.01 FEET TO THE POINT OP CURVATURE OP A CURVE - ''
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OF 2000.58
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY; THENCE
RUN NORTH 14'77'23" WEST, 720.00 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD '
, BEARING OF NORTH 06'07'19" WEST TO THE POINT OP TANGENCY;
THENCE RUN NORTH 02'22'45" EAST, 239.98 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 21'09'36", AN ARC LENGTH +
OF 1209.14 FEET, A CHORD LENGTH OP 1202.28 FEET AND A
CHORD BEARING OF NORTH 08.12'07" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 18'46'51" WEST, 239.98 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OP 19'56'58", AN
ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH OF 1134.21
FEET AND A CHORD BEARING OF NORTH 08'48'22" WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01.10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY; THENCE RUN.NORTHERLY, ALONG SAID CURVE, HAVING •
A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
24']6'1]", AN ARC LENGTH OF 820.12 FEET, A CHORD LENGTH j;,,-.
OF 813.84 FEET AND A CHORD BEARING OF NORTH 11'08'00" ;_-;,
WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 23'26'06"
WEST 256.]] FEET TO THE POINT OF BEGINNING; THENCE RUN
•
SOUTH 89'50'46" WEST, 54.43 FEET; THENCE RUN NORTH p ?
23'26'06" WEST, 61.41 FEET; THENCE RUN NORTH 66']]'54"
EAST, 100.00 FEET; THENCE RUN SOUTH 27'26'06" EAST 104.44 k' I.
FEET; THENCE RUN SOUTH 89.50'46" WEST, 54.43 FEET TO THE •
POINT OF BEGINNING;
TOGETHER WITH;
A STRIP OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY 4
DESCRIBED AS FOLLOWS:
PORTION OF 134
COMMENCE AT TILE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19" ' •
WEST, 1250.07 FEET TO THE POINT OP CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OP
AO1T' THIS IS NOTA SURVEY •
'PROFEENGINEERING CONSULTANTSf /NCSS/ONAL , .
PEC p,f110.,J YD'S
JyIb ISM I'file Pork Cadre ZOO Ifni R•414•44 t/ Or/u b, !/�r/I" JlIO/ 407,1488•10412
Section 4 ; Township 2 2 South ; Range 28 East
DATE'' JULY 3, 19901�ssr: w.M. DRAWNsr M.1_.M• ..GSNO' 06-1o9 (1.1.) ' 4 '
1ftNi' .
--- ---- -- _ CURVATURE OF 1111,1URVE CONCAVE NORTHWESTERLY; THEO RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 PERT, A CENTRAL ANGLE OF 41'20'59", AN ARC PARCEL No.134i I35
LENGTH OF 895.61 FEET, A CHORD LENGTH OP 876.30 FEET AND :
',1,`
A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OF CURVATURE OP A CURVE CONCAVE SOUTHEASTER-
LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF ,'.
49'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD LENGTH
OF 1468.31 FEET AND A CHORD BEARING OF NORTH 22'47'15"
• EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45'23'39" _:
EAST, 300.01 FEET TO THE POINT OF CURVATURE OF A CURVE
s •
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A .
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OF 2000.58 ,9
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY; THENCE .+
RUN NORTH 14'37'23" WEST, 720.00 PEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF•
3274.04 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH : . ''
' OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
BEARING OF NORTH 06'07'19" WEST TO THE POINT OF TANGENCY;
THENCE RUN NORTH 02'22'45" EAST, 239.98 FEET TO TUE POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 21'09'36", AN ARC LENGTH
• OF 1209.14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD BEARING OF NORTH 08'12'03" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 18'46'51" WEST, 239.98 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE or 19'56'58", AN
ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH or 1134.21
FEET AND A CHORD BEARING OP NORTH 08'48'22" WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OP CURVATURE OF A CURVE CONCAVE
WESTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
10'59'24", AN ARC LENGTH OF 366.34 FEET, A CHORD LENGTH
OF 365.77 FEET AND A CHORD BEARING OF NORTH 04'19'35"
• WEST; THENCE RUN NORTH 89'41'19" EAST 35.03 FEET TO THE
POINT OF BEGINNING; THENCE RUN NORTH 01'09'37" EAST,
74.95 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG SAID CURVE HAVING
•
A RADIUS LENGTH OF 1959.86 FEET, A CENTRAL ANGLE OP
02'13'37" AN ARC LENGTH OF 76.17 FEET, A CHORD LENGTH OF
76.17 FEET AND A CHORD BEARING OP SOUTH 10'41'24" EAST;
THENCE RUN SOUTH 89'41'19" WEST, 15.65 FEET TO THE POINT
OF BEGINNING;
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA t
AND CONTAINS 0.204 ACRES, MORE OR LESS.
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EXHIBIT "B"
•
LEGAL DESCRIPTION PER O.R. BOOK 3634, PAGE 185, ORANGE COUNTY, FLORIDA.
3. THAT PART OF THE NORTH HALF (Ni) OF THE NORTHWEST QUARTER (NW}) OF THE NORTHEAST QUARTER
(NE 1) OF SECTION FOUR (4), TOWNSHIP TWENTY—TWO (22) SOUTH, RANGE TWENTY—EIGHT (28) EAST,
LYING SOUTH OF PAVED COUNTY ROAD.
4. THE SOUTHEAST QUARTER (SE}) OF THE NORTHWEST QUARTER (NW}) OF THE NORTHEAST QUARTER (NES)
AND THE SOUTHWEST QUARTER (SW}) OF THE NORTHEAST QUARTER (NE}) OF THE NORTHEAST QUARTER ��
(NE}) OF SECTION FOUR (4), TOWNSHIP TWENTY—TWO (22) SOUTH, RANGE TWENTY—EIGHT (28) EAST. "°=`
.EGAL DESCRIPTION-METES AND BOUNDS (SURVEYORS)
1 PARCEL'OF LAND LYING IN THE NORTH } OF THE NORTHEAST } OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE ��
'-8 EAST, ORANGE COUNTY, FLORIDA LYING SOUTHEASTERLY OF THE OCOEE—CLARCONA ROAD BEING MORE PAR— i
'ICULARLY DESCRIBED AS FOLLOWS:
•
• COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST } OF SAID SECTION 4, THENCE EAST ALONG
THE NORTH LINE'OF SAID SECTION A DISTANCE OF 1324.49 FEET TO THE EAST LINE OF THE NORTH-
WEST•I OF SAID NORTHEAST }; THENCE S.00°49'46"W. ALONG SAID EAST LINE A DISTANCE OF 2.16
FEET TO A POINT ON THE SOUTHEASTERLY RIGHT—OF—WAY LINE OF THE OCOEE—CLARCONA ROAD FOR A
•
POINT OF BEGINNING; THENCE CONTINUE S.00°49'46"W. ALONG SAID EAST LINE A DISTANCE OF
665.72 FEET TO THE NORTH LINE OF SOUTHWEST } OF THE NORTHEAST } OF SAID NORTHEAST I;
THENCE N.89°50'29"E. ALONG SAID NORTH LINE A DISTANCE OF 666.10 FEET TO THE EAST LINE OF
SAID NORTHWEST I; THENCE S.00°30'02"W. ALONG SAID EAST LINE A DISTANCE OF 665.87 FEET TO
THE SOUTH LINE OF THE NORTH } OF SAID NORTHEAST I; THENCE S.89°41'04"W. ALONG SAID SOUTH •
LINE A DISTANCE OF 1339.92 FEET TO THE WEST LINE OF THE SOUTHEAST I OF THE NORTHWEST I OF
SAID NORTHEAST }; THENCE N.01°09'24"E. ALONG SAID WEST LINE A DISTANCE OF 669.67 FEET TO f`
THE SOUTH LINE OF THE NORTHWEST } OF THE NORTHWEST } OF SAID NORTHEAST I; THENCE S.89°50'
29"W. ALONG SAID SOUTH LINE A DISTANCE OF 400.80 FEET TO A POINT ON THE SOUTHEASTERLY " a
RIGHT—OF—WAY LINE Of SAID OCOEE—CLARCONA ROAD, SAID POINT LYING ON A CURVE CONCAVE NORTH—
WESTERLY HAVING A RADIUS OF 1327.62 FEET AND A TANGENT BEARING OF N.51°35'47"E.; THENCE
NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT—OF-WAY LINE THRU A CENTRAL ANGLE OF 10°39'39" -
A DISTANCE OF 247.03 FEET; THENCE N.40°56'08"E. ALONG SAID RIGHT-OF—WAY LINE A DISTANCE OF ' -
183.17 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
537.48 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT—OF—WAY LINE THRU A CENTRAL
ANGLE OF 28°39'59" A DISTANCE OF 268.91 FEET; THENCE N.69°36'07"E. ALONG SAID RIGHT—OF—WAY
LINE A DISTANCE OF 597.02 FEET TO THE POINT OF BEGINNING, CONTAINING 30.607 ACRES, MORE OR
LESS.
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AND ALSO THE FOLLOWING DESCRIBED PARCELS
OAt6251.:.
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I F §.
:GAL DESCRIPTION PER O.R. BOOK 3634, PAGE 185, ORANGE COUNTY, FLORIDA.
• ALL THAT PART OF THE SOUTHWEST QUARTER (SW;) OF THE SOUTHEAST QUARTER (SEI) OF SECTION
33, TOWNSHIP 21 SOUTH OF RANGE 28 EAST LYING SOUTH OF THE ATLANTIC COAST LINE RAILROAD
TRACK. -
▪ BEGIN AT A POINT 011 THE NORTH BOUNDARY OF THE NORTHEAST QUARTER (NEI) OF SECTION 4,
TOWNSHIP 22 SOUTH OF RANGE 28 EAST WHERE IT IS INTERSECTED BY THE NORTH BOUNDARY OF THE .
PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE WEST ALONG THE NORTH BOUNDARY OF THE NORTHEAST
• QUARTER (NEI) TO THE ATLANTIC COAST LINE RAILROAD, THENCE SOUTHWESTERLY ALONG SAID RAIL-
ROAD TO THE INTERSECTION OF THE RAILROAD AND COUNTY ROAD RIGHT-OF-WAY, THENCE NORTHEAST •
-
ERLY.ALONG THE NORTH BOUNDARY OF THE COUNTY ROAD RIGHT-OF-WAY TO THE POINT OF BEGINNING,
SAID LAND BEING APPROXIMATELY ONE ACRE, MORE OR LESS.
EGAL DESCRIPTION - METES AND BOUNDS (SURVEYORS) :^
A PARCEL OF LAND LYING IN THE SOUTHWEST } OF THE SOUTHEAST } OF SECTION 33, TOWNSHIP 21
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING SOUTHEASTERLY OF THE SEABOARD COASTLINE
RAILROAD RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
SOUTHWEST CORNER OF THE SOUTHEAST I OF SAID SECTION 33: THENCE EAST ALONG THE SOUTH LINE OF
SAID SECTION A DISTANCE OF 720.00 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
SAID RAILROAD FOR A POINT OF BEGINNING; THENCE N.31°55'42"E. ALONG SAID RIGHT-OF-WAY LINE A
DISTANCE OF 275.78 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 1170.92 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THRU A
CENTRAL'ANGLE OF 10°06'45"• A DISTANCE OF 206.66 FEET; THENCE N.21°48'57"E. ALONG SAID RIGHT- •
OF-WAY LINE A DISTANCE OF 388.37 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTER-
LY HAVING A RADIUS OF 1120.92 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-
WAY THRU A CENTRAL ANGLE OF 21°24'00" A DISTANCE OF 418.66 FEET TO A POINT ON THE EAST LINE
OF THE SOUTHWEST I OF THE SOUTHEAST I OF SAID SECTION 33; THENCE S.00°08'15"W. ALONG SAID EAST •
LINE A DISTANCE OF 1067.79 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE OCOEE-
CLARCONA ROAD; THENCE S.69.36'07"W. ALONG SAID RIGHT-OF-WAY A DISTANCE OF 177.66 FEET TO A •
POINT ON THE SOUTH LINE OF SAID SECTION 33: THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF
438.12 FEET TO THE POINT OF BEGINNING; CONTAINING 7.931 ACRES MORE OR LESS.
ALSO:
A PARCEL OF LAND LYING IN THE NORTHWEST I OF THE NORTHEAST I OF SECTION 4, TOWNSHIP 22 SOUTH
RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING NORTHERLY OF THE OCOEE-CLARCONA ROAD AND SOUTH-
EASTERLY OF THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIB- •
ED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST I OF SAID SECTION 4; THENCE EAST ALONG
THE NORTH LINE OF SAID SECTION A DISTANCE OF 720.00 FEET TO A POINT ON THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF SAID RAILROAD FOR A POINT OF BEGINNING; THENCE CONTINUE EAST ALONG
SAID NORTH LINE A DISTANCE OF 438.12 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF THE OCOEE-CLARCONA ROAD; THENCE 5.69°36'07"W. ALONG SAID RIGHT-OF-WAY A DISTANCE OF
441.88 FEET TO A POINT'OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
597.48 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THRU A CENTRAL
ANGLE OF 21°47'49" A DISTANCE OF 227.30 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY
LINE OF SAID RAILROAD; THENCE N.31°55'42"E., ALONG SAID RIGHT-OF-WAY A DISTANCE OF 319.75
FEET TO THE POINT OF BEGINNING, CONTAINING 1.111 ACRES MORE OR LESS. •
•
--- OR 2 5 O r'n 3 7 k2.